While Biden will not face charges for mishandling classified documents, the report's assertions about his memory could undermine Biden's message to voters that he can manage the government and safeguard the country.
While Biden will not face charges for mishandling classified documents, the report's assertions about his memory could undermine Biden's message to voters that he can manage the government and safeguard the country.The longstanding concerns about President Joe Biden's age and memory intensified after the release of a special counsel's report investigating his possession of classified documents.
The report described the 81-year-old Democrat's memory as “hazy,” “fuzzy,” “faulty,” “poor" and having “significant limitations.” It noted that Biden could not recall defining milestones in his own life.
"He did not remember when he was vice president, forgetting on the first day of the interview when his term ended ('if it was 2013 — when did I stop being Vice President?'), and forgetting on the second day of the interview when his term began ('in 2009, am I still Vice President?')," the report said. “He did not remember, even within several years, when his son Beau died.”
While Biden will not face charges for mishandling classified documents, the report's assertions about his memory could undermine Biden's message to voters that he can manage the government and safeguard the country. Voters are already going into this year’s election with severe misgivings about Biden’s age, having scrutinized his gaffes, his coughing, his slow walking and even a tumble off his bicycle.
In ruling out a prosecution of Biden over his retention of highly classified materials as a private citizen, the report suggested he would seem too feeble to prosecute: “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.”
The White House pushed back on the characterizations of Biden's memory in a Feb. 5 letter from the president's lawyers that was published in special counsel Robert Hur's report. The letter argues that Biden's “inability to recall dates or details of events that happened years ago is neither surprising nor unusual,” particularly about when certain documents were packed or moved.
“We do not believe that the report’s treatment of President Biden’s memory is accurate or appropriate,” the letter said. “The report uses highly prejudicial language to describe a commonplace occurrence among witnesses: a lack of recall of years-old events. Such comments have no place in a Department of Justice report.”
It is not unusual for the subjects of government investigations to say they don't recall an event or a conversation in order to avoid issues such as perjury. The special counsel did not release the transcript of the interviews with Biden, so some context is unclear. Former President Donald Trump, the current Republican front-runner, has boasted of his own vast memory but has also at times said in legal proceedings that he does not recall certain events.