Former President Trump, left, and President Biden. (AP)
Hur's report, which concluded that no criminal charges were warranted, surmised that at trial, 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 special counsel, therefore, asserted that 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." It also cited how Biden mixed up the date of the death of his son, Beau.
The White House and Biden allies have deemed the details from the Hur report on Biden's age and mental fitness as "gratuitous" political attacks.
Although, as Harbach laid out Monday, many government officials have possessed classified documents after the ends of their terms in office – often inadvertently, sometimes negligently, and very occasionally willfully – as well as a "very small number of cases in which former government officials who have been found in possession of classified documents have briefly resisted the government’s lawful efforts to recover them," the special counsel's team considers Trump's actions unique.
Special counsel Robert Hur did not recommend criminal charges over President Biden's handling of classified documents. (Chip Somodevilla/Getty Images)
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Harbach goes on to highlight how, when presented with a grand jury subpoena demanding the return of the remaining documents bearing classification markings, "Trump attempted to enlist his own attorney in the corrupt endeavor, suggesting that he falsely tell the FBI and grand jury that Trump did not have any documents, and suggesting that his attorney hide or destroy documents rather than produce them to the government." The prosecutor said Trump enlisted Nauta "in a scheme to deceive the attorney by moving boxes to conceal his (Trump’s) continued possession of classified documents" and continued a pattern of "obstructive conduct" by allegedly seeking to have some security camera footage deleted.
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Trump has said the security camera footage in fact was never deleted, dismissing the assertion as "prosecutorial fiction."
Danielle Wallace is a reporter for Fox News Digital covering politics, crime, police and more. Story tips can be sent to danielle.wallace@fox.com and on Twitter: @danimwallace.
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