The special counsel who investigated President Joe Biden’s squirreling away of classified documents in Delaware after he stopped being vice president in 2017 found that Biden broke the law but probably wouldn’t be convicted by a jury, largely because he can’t remember enough about it.
One of the reasons for not recommending criminal charges against Biden, the report says, is that “at trial, Mr. Biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory.”
The report, by Robert K. Hur, dated Monday, February 5 but released Thursday, February 8, includes the phrases “did not remember,” “did not ‘ever remember’,” “just don’t remember” when referring to Biden, and also mentions Biden’s “limited precision and recall.”
The report highlights Biden’s inability to remember things during his recorded conversations in 2017 with the ghostwriter of one of his books (Mark Zwonitzer), and also Biden’s inability to remember things during his interviews with the special counsel’s office on October 8 and 9, 2023.
“We also expect many jurors to be struck by the place where the Afghanistan documents were ultimately found in Mr. Biden’s Delaware home: in a badly damaged box in the garage, near a collapsed dog crate, a dog bed, a Zappos box, an empty bucket, a broken lamp wrapped with duct tape, potting soil, and synthetic firewood,” Hur’s report states.
Here are four things Joe Biden couldn’t remember:
1. How To Read His Own Writing
Mr. Biden’s memory also appeared to have significant limitations – both at the time he spoke to Zwonitzer in 2017, as evidenced by their recorded conversations, and today, as evidenced by his recorded interview with our office. Mr. Biden’s recorded conversations with Zwonitzer from 2017 are often painfully slow, with Mr. Biden struggling to remember events and straining at times to read and relay his own notebook entries.
(page 207)
2. When He Was Vice President
In his interview with our office, Mr. Biden’s memory was worse. He did not remember when he was vice president, forgetting on the first day of his interview when his term ended (“if it was 2013 – when did I stop being Vice President?”), and forgetting on the second day of his interview when his term began (“in 2009, am I still Vice President?”).
(page 208)
3. Who His Allies Were
And his memory appeared hazy when describing the Afghanistan debate that was once so important to him. Among other things, he mistakenly said he “had a real difference” of opinion with General Karl Eikenberry, when, in fact, Eikenberry was an ally whom Mr. Biden cited approvingly in his Thanksgiving memo to President Obama.
(page 208)
4. When His Son Died
He did not remember, even within several years, when his son Beau died.
(page 208)
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