Report: Biden’s serious memory issues, competency mean he can’t be prosecuted for classified stash


“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.” – Robert Hur, special counsel

President Joe Biden is an elderly, forgetful man, writes special counsel Robert Hur, who released a report on Thursday about Biden’s retention of classified materials throughout his 36 years in the Senate and eight years as Vice President.

Biden “willfully retained and disclosed classified materials,” that he kept in cardboard boxes in his garage in Wilmington, Del., in piles of things that contained “household detritus.” He also stored classified documents in other locations, according to the 388-page report to the Justice Department.

Among the junk in Biden’s garage were documents that “remains classified up to the Top Secret level and includes Sensitive Compartmented Information, including from compartments used to protect information concerning human intelligence sources,” the report says.

Many of the documents were marked classified documents about Afghanistan.

“These documents from fall 2009 have classification markings up to the Top Secret/Sensitive Compartmented Information level. They were found in a box in Mr. Biden’s Delaware garage that contained other materials of great personal significance to him and that he appears to have personally used and accessed.

As president and Vice President, he was entitled to have classified materials. Not as a private citizen, however.

“The best case for charges would rely on Mr. Biden’s possession of the Afghanistan documents in his Virginia home in February 2017. when he was a private citizen and when he told his ghostwriter he had just found classified material,” the report says.

The problem is, the report says, Biden can’t remember things. He can’t remember the dates when he was vice president.

“Mr. Biden’s memory was significantly limited, both during his recorded interviews with the ghostwriter in 2017, and in his interview with our office in 2023. And his cooperation with our investigation, including by reporting to the government that the Afghanistan documents were in his Delaware garage, will likelyconvince some jurors that he made an innocent mistake, rather than acting willfully-that is, with intent to break the law-as the statute requires.”

Mark Zwonitzer, who was Biden’s ghostwriter, said that Biden’s memory was “painfully slow, with Mr. Biden struggling to remember events and straining at times to read and relay his own notebook entries.”

Hur says Biden did not remember the dates he was vice president when his son Beau died, “even within several years.” Her says Biden “appeared hazy when describing the Afghanistan debate that was once so important to him.”

Hur says Biden’s legal council would “emphasize these limitations in his recall” if the case went to trial.

Given Biden’s “limited precision and recall during his interviews with his ghostwriter and with our office, jurors may hesitate to place too much evidentiary weight on a single eight-word utterance to his ghostwriter about finding classified documents in Virginia, in the absence of other, more direct evidence. We searched for such additional evidence and found it wanting. In particular, no witness, photo, e­ mail, text message, or any other evidence conclusively places the Afghanistan documents at the Virginia home in 2017.”

Hur was appointed by former President Donald Trump to serve as U.S. attorney for the District of Maryland in 2017. With a shortage of evidence, he says that Biden would not be a credible witness.

“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,” the report says. “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.”

Read the report at this Department of Justice link.


  1. Mr. Hur makes a legitimate case for the use of the 25th amendment. You can not have it both ways. Either he was and is mentally fit to be the leader of the free world or too forgetful and feeble to beheld accountable for his criminal behavior. Mr. Hur’s statement implies the latter and makes one question, who has been running the country.
    Intend is not at issue here, but the fact that these documents were store by the VP in an unsecured location for years.

  2. He was cognizant when he stole and mishandled the classified documents. What a future jury may or may not conclude about his current state has no bearing on whether charges should be filed. What a joke our Justice system has become. Just like when Comey told Congress that Hilary had committed numerous felonies but no reasonable prosecutor would bring charges. Trump declined to pursue the matter as President. Seems pretty naive by Democrat standards.

  3. and yet, he is qualified to be the leader of the free world??? I await the justification following this elaborate cover for breaking the Federal Law that the Democrats wish to apply to a hoax regarding Trump?? Give me a break!

  4. He wasn’t incompetent when he stole the files, was he? And who helped him do that? I doubt he carried several file boxes full of paper to his house by himself. Now, can we get his idiotic ass out of the Oval Office once and for all?

    • He wasn’t actually competent when he was elected. They should have stopped him before he was even elected. He was showing all signs of incompetency way back during the 2019-2020 Presidential debates.. If you can recall, the joking, laughing and the fumbling around in front of the camera’s during the debates. They were just” joking it off” trying to cover for him. He’s been showing it all along, but due to the respect of office of the President, they tried to hide it. His stumbling up the stairs getting into the planes It’s been a shame all along. For Demons (Democrats) they were in the process of destroying everything having to do with Trump.

  5. Another example of two systems of justice in our country. He was not senile when he first took them so why should it matter whether he remembers now. This truly is unbelievable.

  6. IF this guy in the big house is a double (which he is), then he may not be lying when he says that he cannot remember things because those things did not happen to him because he is a double! I am betting that this resident in the big house now does get the 25th because he is suffering from dementia But, he is not guilty of all those things that O’biden did.

  7. This is how you corner a rat. He either has to admit he’s mentally incompetent or a criminal. The optics are very bad and likely not survivable in a reelection year. You will know the Dems are behind this if they stoke the media fire and this remains a story for the next five days. Otherwise, some other atrocity will happen and it will get buried. If it remains in the news cycle, then his camp will issue a statement saying he’s not running for reelection due to health. The Q&A with reporters after his remarks did nothing to help and I can hear KJP running for the hills right now. This may seem cruel, but this is how you cut your enemy off at the knees. Biden has embarrassed and angered too many Dems, donors, and voters. The party doesn’t want him, they only want a winner and will do anything to ensure that happens.

  8. There is a disturbing trend developing of investigators are making the determination who should (republicans) and should not (democrats) be charged. Not just determining if there is sufficient evidence a crime committed.

    Just make the call and forward the information to the appropriate prosecutors to determine if the case is worth pursuing.

    If Grandpa Bloodstains is too mentally impaired to stand trial, he’s too impaired to be POTUS.

  9. Given the ‘morass’ of the current Justice System, it’s quite conceivable to envision Biden will skate free of any prosecution. BUT(!!!), all of those around him with carnal knowledge of these transgressions should certainly be held as co-conspirators.
    Pre-Pare the Gallows!!!

  10. Do we let killers go that are incompetent? Do we let anyone “go” if incompetent? The OIG that wrote the report was not a doctor, so regardless. Guilty of the crime, due the time. He has been able to be free up until now, and he is no different than anyone of us. He puts his pants on one leg at a time.

  11. Insanity defense? Incompetency defense? NcNaughten’s defense? Or, it must be the Immunity defense? Didn’t work for Trump. Only works for Democrats. Americans just have to get used to double standards and hypocrisy at the extreme. It’s part of our New World Order.

  12. Biden is just another old fart shuffling along to his grave! Chilled thoughts of death and little else gnaw at his feeble mind. You can see it in his demeanor!

    Trump or Biden–hell of a dilemma!

  13. A vice president has absolutely no right to have top secret documents. Biden is a scum bag. He always has been. He is completely incompetent to handle the nuclear arsenal we own. January is to far off I want him out NOW. He is a danger to our Democracy.

    • Doug, be careful what you wish for. 1) Biden is not running our country; he hasn’t been since he took office; its blindingly obvious he is just a figurehead for puppetmasters. 2) So you would rathaer have Kamala Harris finish out his term? Precisely how do you think that would play out?

      • I haven’t seen nor heard anything from Kamala. She hasn’t been in the news or any indication she’s helping her “master” in/with his delusions. WHERE IS SHE??

  14. Cut the cancer out and save the Country!
    The other clear choice is … TRUMP!
    Despite Daddy’s Little Princess and her accomplice … Liz!

    • JB is traveling the country and beating “nobody” in the polls
      Lisa will not age well either, took her 5 tries to pass her lawyer test.
      They are both “not smart” people, just typical politicians.
      Daddy set her up w/ an easy job for life
      How nice of him.

  15. Figured this would probably be the play.
    Biden is senile – but he’s simultaneously not senile.
    Gaslighting is par for the course in the media today.

    Chris Bray recently had a good substack about this.
    On Freedom Convoy: “They are anarchists that want no rules! They are simultaneously fascists!”
    On Tucker’s Interview with Putin on X: “Tucker interviewed Putin! He is a traitor and needs to be sanctioned. Then….of course we have tried to talk to Putin, we have been begging Putin for an interview for the last two years….”

    Just remember that people like Bill Kristol lie as easily as they breath.

  16. The puppet masters have choreographed this election very well.

    Act I: Now they can get rid of Biden using the 25th Amendment.

    Act II: Kamala Harris is sworn in as president. Kamala Harris is so unqualified for president she will be an utter failure. Then the puppet masters can kick Kamala to the curb.

    Act III: Michelle Obama walks onto the stage. She is immediately crowned as the Democrat Party candidate for president.

    Act IV: Michelle Obama is elected president by a clear majority. Liberals love her. Minority groups love her. America loves her!

    Act V: The final act. America continues to spiral down into a banana republic.

    • Good analysis.
      I have been waiting for the Michelle move also, she is very popular.
      The Alisky-ites seem to have outsmarted us.
      Rule #8 – “Keep the pressure on”
      Obama – Act: 2

    • Before yesterday, I think they’d been hoping to avoid having to perform Act I and Act II and keep propping up Brandon until they could just anoint Obamelle at the convention.

      In spite of what that never-trumper, Karl Rove, claimed this week that she does not want to be President, if Trump isn’t already gearing up for a run against her, he’s going to lose.

    • I’m not sure it will go down exactly that way. There are too many Democrats (Kamala, Pete, Gov Hairgel, Lieahwatha who think it’s theirs by some version of divine right.

      Even if they do parachute Michelle in, Trump is the one candidate who won’t give a damn she’s a black woman who sleeps with Obama.

      But regardless, this situation is ugly.

  17. Can Washington say 25th Amendment? It’s time for them to do their actual jobs.

    As scary as President Harris is, it’s beginning to look the literally saner option.

  18. Here another disturbing observation:

    Not only are they not charging Biden for absconding with classified documentation and leaving it lying around, but apparently his ghost writer and any other person privy to these documents (family members, lawyers, Penn Biden Center employees….) are walking away from this mess as well. All of them had access and none of them apparently reported this classified material to either the National Archives (who should have known they were missing) or the FBI.

    In a blatant double standard anyone even remotely associated with Trump gets indited and faces years in prison.

  19. Then he is no longer capable of running for POTUS. Period. If they are going this far he is toast in my opinion! Tell Obama his plan failed! 🤣

  20. Love that photo. While Biden’s Alzheimer’s Unit is picking him off the floor, the young cadet is Laughing His — Off……”Prez just called me Admiral, and I’m in the Air Force.”

  21. Vinegar is poorly used as a celebratory drink. Mr Hur has had his moment of fame in the same vein as Mr Comey. I’m pretty sure no one knew who he was prior to the debacle. I wonder if Mr Hur has grandchildren, or if his folks are still living. 🤔

  22. This is perfect for the Democrats.
    They need a reason to get him out of the election. And this is it.
    Look, no political party would run anyone serious against a sitting President. They ARE the presumptive nominee, no matter how bad they suck. (See Carter, see Bush Sr.)
    But, they know Briben has zero chance of beating anything with a pulse (barring an even more massive election fraud effort.) How do you get rid of him? Have him drop out for “health reasons” or because of the “serious allegations of criminal activity lodged against him” but still remain to finish out his term. (That avoids the embarassment of having Kamala Mattress in as the President.)
    The real question is who will fill in after he drops out?

  23. The more I think about this report by Mr. Hur the more the sneaky nature is revealed. Here we have a lawyer working for the DOJ, who is threading a needle. Clear lawbreaking has been discovered by Biden and can not be denied. It is further clear that a charge will get him an immediate impeachment. So the trick is to find a reason that not only lets Joe of the hook, but firmly keeps in place the prosecution against Donald. Voila the “Hillary absolution”! Joe is old and feeble and no reasonable jury would convict, while Donald on the other hand is sharp as a tack and needs to pay for his perceived “crimes” (Never mind that there is a world of difference between authority of the president and VP)
    This is despicable and clearly shows us that equality under the law has been a myth for some time.

    Furthermore I am disappointed but not surprised that none of our progressive friends, who always yell about justice, fairness and democracy are NOT here outraged at the injustice unfairness and the danger to democracy…..

    • If you read the Hur picture book there are several pretty significant statements that no one seems to have read with regard to ‘stolen documents’. Hur noted, “Unrefuted innocent explanations” does not mean President Biden committed a crime and should be further prosecuted but that there’s no there, there; i.e. innocent, until found guilty. President Bide fully cooperated with the search of his residence.” As in “insufficient evidence of criminality, innocent explanations for the conduct, and affirmative evidence that Biden did not willfully withhold classified documents.”

      “With one exception, there is no record of the Department of Justice prosecuting a former president or vice president for mishandling classified documents from his own administration.” “The exception is former President Trump. Unlike the evidence involving Mr. Biden, the allegations set forth in the indictment of Mr. Trump, if proven, would clearly establish not only Mr. Trump’s willfulness but also serious aggravating facts.”

      • Nice try Mrs. N

        These are classified documents the former VP kept in his possession without authorization for decades and shared at least with one also unauthorized person, his ghost writer. There can not be an “innocent explanation” as sharing and storing are deliberate acts.

        Cooperation with an investigation does NOT determined or influence your guilt/culpability.

        Targeted and selective prosecution undermines our very foundation of equality under the law, subverts the very institutions supposed to serve ALL Americans and reeks of an abuse of power based on your political ideology.

      • Wow, you are having to spin this so hard.

        You actually beleive what they are saying despite reality and reason screaming obvious conflict of justice.

        Thank goodness your type is a slim minority whether you are a Leftists or RINO.

        Your ilk is a dying political power… too many of us are reasonable adults.

  24. Short Stairs Biden is certainly mentally incompetent nowadays but was he senile when he illegally took classified materials from the White House? I doubt it. It seems as if the corrupt DOJ, Merrick Garland, is running a Democrat Party plan to get a two fer – get Sloppy Joe Biden off the hook for illegal possession of classified material & at the same time portray him as a good natured, senile old man who probably shouldn’t be running for a second term. The big question is – who do they have in the bullpen? Certainly not Cackling Kamala!

  25. I offer that everything happening in the coming election is already well planned out by greater minds and we are but puppets in the game. The big question is who has been chosen to lead the “free “ world, but you can be sure that it will not be either of the two present candidates. It will be a sleeper, not yet disclosed but already chosen. It’s really just a well played poker game with nobody showing their cards until the end.


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