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Special counsel finds evidence Biden willfully mishandled classified info

WASHINGTON — A special counsel report released Thursday found evidence that President Joe Biden willfully retained and shared highly classified information when he was a private citizen, including about military and foreign policy in Afghanistan, but concluded that criminal charges were not warranted.

The report from special counsel Robert Hur resolves a criminal investigation that had shadowed Biden’s presidency for the last year. But its bitingly critical assessment of his handling of sensitive government records and unflattering characterizations of his memory will spark fresh questions about his competency and age that cut at voters’ most deep-seated concerns about his candidacy for re-election.

Beyond that, the harsh findings will almost certainly blunt his ability to forcefully condemn Donald Trump, Biden’s likely opponent in November’s presidential election, over a criminal indictment charging the former president with illegally hoarding classified records at his Mar-a-Lago estate in Florida. Despite abundant differences between the cases, Trump immediately seized on the special counsel report to portray himself as a victim of a “two-tiered system of justice.”

Yet even as Hur found evidence that Biden willfully held onto and shared with a ghostwriter highly classified information, the special counsel devoted much of his report to explaining why he did not believe the evidence met the standard for criminal charges, including a high probability that the Justice Department would not be able to prove Biden’s intent beyond a reasonable doubt, citing among other things an advanced age that they said made him forgetful and the possibility of “innocent explanations” for the records that they could not refute.

The White House said after the report was released that Biden would deliver a statement from the White House on Thursday evening.

Biden’s lawyers blasted the report for what they said were inaccuracies and gratuitous swipes at the president. In a statement, Biden said he was “pleased” Hur had “reached the conclusion I believed all along they would reach — that there would be no charges brought in this case and the matter is now closed.”

He pointedly noted that he had sat for five hours of in-person interviews in the immediate aftermath of Hamas’s October attack on Israel, when “I was in the middle of handling an international crisis.”

“I just believed that’s what I owed the American people so they could know no charges would be brought and the matter closed,” Biden said.

The investigation into Biden is separate from special counsel Jack Smith’s inquiry into the handling of classified documents by Trump after Trump left the White House. Smith’s team has charged Trump with illegally retaining top secret records at his Mar-a-Lago home and then obstructing government efforts to get them back. Trump has said he did nothing wrong.

Hur, a former U.S. Attorney in the Trump administration, was appointed by Attorney General Merrick Garland as special counsel in January 2023 following an initial discovery by Biden staff of classified records in Washington office space.

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