According to a recent report by the Department of Justice, President Joe Biden will not face criminal charges concerning his handling of classified documents. The report addresses concerns about potential national security risks and touches upon the president’s memory and age. Concerns about Biden’s mishandling of classified information come after similar instances involving former President Donald Trump.
Report Reveals Discovery of Documents Does Not Meet Burden of Proof

The investigation by Special Counsel Robert Hur scrutinized the classified documents discovered at Biden’s previous office in Washington, D.C., and his Delaware residence, ultimately concluding that the evidence did not justify criminal charges as they were insufficient to prove guilt beyond a reasonable doubt.
Identified Instances of Retained and Disclosed Classified Information

The report, released Thursday, identified instances where President Biden retained and disclosed classified information after serving as vice president. The documents in question pertained to military and foreign affairs, notably regarding Afghanistan.
Evidence Insufficient to Prosecute Biden

The report stated that President Biden “…willfully retained and disclosed classified materials after his vice presidency when he was a private citizen.” The inquiry determined that the evidence was insufficient to prosecute Biden.
Biden Seen as Elderly Man with a Poor Memory in Investigation

Notably, the report criticized Biden’s handling of the documents, suggesting that his practices posed “serious risks to national security.” The report also stated that Biden, who is 81, presented himself as a “sympathetic, well-meaning, elderly man with a poor memory,” a characterization that has sparked debate by Biden’s legal team and has played into the hands of his political adversaries who wish to portray Biden as no longer fit for the presidency.
Biden Legal Team Challenges Prejudicial Characterization

Biden’s legal team, comprising Richard Sauber and Bob Bauer, challenged the report’s comments on Biden’s memory, arguing that it unfairly and prejudicially characterized a common occurrence—a failure to recall details from years past.
Biden Decision in Line with Pence Decision Not to Charge

The decision against pursuing criminal charges was informed by a balance of aggravating and mitigating factors, mirroring the department’s earlier decision regarding former Vice President Mike Pence, who also had classified documents in his possession.
Biden Emphasizes Commit to National Security and Public Service

Biden fully cooperated with the investigation and defended his record in a public statement, emphasizing his longstanding commitment to national security and preserving American interests.
Comparison to Trump Retaining Classified Documents

The backdrop of Hur’s investigation into Biden’s documents included a parallel probe into former President Donald Trump by Special Counsel Jack Smith. The contrast between Biden’s proactive disclosure of classified documents and the contentious retrieval of documents from Trump’s Mar-a-Lago estate underscores differing approaches to handling sensitive information.
Presidential Records Act

The Presidential Records Act mandates that all White House records be transferred to the National Archives at the end of an administration, highlighting the legal expectations surrounding the handling of classified and presidential records.
Where Documents Discovered in Biden’s Office and Residence

Biden’s legal team discovered classified documents while vacating an office at the Penn Biden Center for Diplomacy and Global Engagement, revealing a “small number” of classified materials. Additional documents were later found in Biden’s Wilmington home.
Biden’s Response to Democratic Colleagues

In response to the report, Biden spoke to House Democrats to debrief the report and draw distinctions between himself and the case of former President Trump. In conversation, he emphasized his commitment to transparency and cooperation. He reassured his audience of his dedication to the presidency, choosing to concentrate on his responsibilities rather than the controversies detailed in the report.
Trump Disposition to Retaining Classified Documents

Trump, for his part, has denied any wrongdoing, maintaining that he had the authority to decide the fate of presidential records despite the controversy over his handling of classified documents. Trump stated that he was working with the National Archives regarding which documents he could keep and had the authority to declassify records.
Debate Continues on Protecting Sensitive Information from Casual Treatment

This ongoing debate over the handling of sensitive materials underscores the complexities and legal considerations surrounding high-ranking officials’ stewardship of national security information.