Special Counsel: Biden ‘Willfully Retained and Shared’ Classified Info, But He’s Unfit to Stand Trial

By Al Perrotta Published on February 8, 2024

A bombshell has just dropped.

The Special Counsel investigating Joe Biden’s mishandling of classified information has concluded Biden “willfully retained and shared” classified information after leaving the Vice Presidency (and before becoming president) but should not face charges.

A key reason given by Special Counsel Robert Hur is breathtaking: A jury would not convict because of Biden’s mental incapacity, including an inability to remember when he was vice president or when his son died.

Here’s the full report.

You have to read the words to believe them. First, Hur’s conclusion: “Our investigation uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen.” When, unlike Donald Trump, he had no authority to declassify anything.

In fact, he shared classified information with his ghostwriter. (Remember all the talk of Trump waving a classified document in front of somebody?) According to the report, Biden also had a long-standing habit of making off with classified briefing books while Vice President and keeping classified information in non-secure areas, available for anybody with access to his home and office to get hold of.

So why not bring charges? Hur concluded that the evidence “does not establish Mr. Biden’s guilt beyond a reasonable doubt.”

That part is debatable. Echos of Comey’s “no reasonable prosecutor” line when he stepped in to save Hillary Clinton’s bacon. Biden had documents he was not allowed to have. And knew he had them. Kept them in unsecure locations. Shared them. However, we knew there’d never be charges. Expecting this DOJ to push for charges against Biden is like expecting a tree sloth to win the Kentucky Derby.

It’s Hur’s other reasons that are alarming: “Prosecution of Mr. Biden is also unwarranted based on our consideration of the aggravating and mitigating factors.”

And those “factors” are what is absolutely — and historically — devastating. A blow that ends all doubt that Joe Biden must resign. Immediately.

We have also considered 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. … Based on our direct interactions with and observations of him, he is someone for whom many jurors will want to identify reasonable doubt. It would be difficult to convince a jury that they should convict him — by then a former president well into his eighties — of a serious felony that requires a mental state of willfulness. (Emphasis added.)

Please take a moment to soak this in. The Special Counsel appointed by the Attorney General of the United States is declaring that the President of the United States is mentally incapacitated. That from what investigators witnessed in 2023, Joe Biden is, right now, in too poor a condition to successfully stand trial.

He Can’t Remember When He Was VP … or When His Son Died

How bad a condition? From the report:

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 the interview when his term ended … and forgetting on the second day of the interview when his term began.

He also could not remember “within several years” when son Beau died.

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Actually, the bigger picture is worse. According to the report, Biden already had “significant limitations” in 2017, judging from recordings made by his ghostwriter Mark Zwonitzer. (Zwonitzer would actually delete the audio recording after learning of Hur’s appointment. But investigators were able to retrieve them. No obstruction of justice charge … of course.)

Meaning, the Democrats with Barack Obama leading the way ran a man in 2020 they knew to be unfit. And for four years, they and their media allies have lied and covered up and put our nation at risk. Exaggeration? Just this week he’s boasted about talking to two dead foreign leaders. (Was he, we wonder?) And he forgot the name of Hamas. 

The Consequence

The classified information Joe Biden was hoarding and sharing is a side issue right now. Biden declaring this afternoon he’s been exonerated, useless. Media spins trying to deflect by pointing the finger at Donald Trump, useless. Even, Trump declaring that Jack Smith should drop the classified documents case against him because of the “two-tiered system of justice and unconstitutionally selective prosecution” is for another day.

We have a president who is mentally incapable of performing the duties of his office, according to a Special Counsel report signed, sealed and delivered to Merrick Garland and the U.S. Congress.  

How is Biden not forced to resign? How is Garland, as a Cabinet member not immediately working with the Vice President and other Cabinet members to invoke the 25th Amendment? His own guy is telling him Biden’s memory loss is so severe, his incapacity so obvious, it’d be pointless to put him on trial. What more is needed? 

Deficiencies so extreme they are keeping Biden out of a court room must keep him out of the Oval Office. If that means a President Kamala Harris, so be it. 

Lord, please protect our country. 


Al Perrotta is the Managing Editor of The Stream, co-author, with John Zmirak, of The Politically Incorrect Guide to Immigration and co-author of the counter-terrorism memoir Hostile Intent: Protecting Yourself Against Terrorism.

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