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Donald Trump said the federal classified documents case against him should be dropped after a report found evidence Joe Biden "willfully retained" and disclosed sensitive materials, but that the president should not face any charges.
Trump called on the Department of Justice to "unify" the country by dropping the investigation in which the former president has pleaded not guilty to 40 charges over allegations he illegally retained classified materials after he left office, then obstructed the federal attempt to retrieve them.
The remarks were made in response to Special Counsel Robert Hur's highly critical report into Biden's handling of classified materials, which was launched after Obama-era papers were found at Biden's private residence in Delaware and former office at the Penn Biden Center in Washington, D.C., in December 2022 and January 2023.
Hur's 388-page report said that even if Biden weren't president, the DOJ wouldn't press charges against the Democrat as he cooperated fully with the investigation. Hur also said it would be hard to secure a conviction as Biden would likely present himself to a jury as a "sympathetic, well-meaning, elderly man with a poor memory."
"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," Hur wrote.
In the report, Hur said that during interviews Biden couldn't remember when he was vice president, and had to ask when his first term ended and began. The report added that Biden did not remember, "even within several years," when his son Beau died of brain cancer in 2015.
"If Special Counsel Jack Smith wants to do good for our Country, and help to unify it, he should drop all Litigation against Joe Biden's Political Opponent, ME, and let our Country HEAL," Trump wrote on Truth Social.
"This would be a far bigger and better achievement than anything he has ever done, and will be easy for the Great Patriots of our Country to understand in light of Special Counsel Robert Hur's Document Report on Joe Biden, where the evidence is overwhelming that he 'willfully retained' important documents!"
In an additional statement released on Thursday, Trump, the presumptive 2024 GOP presidential nominee, said: "THIS HAS NOW PROVEN TO BE A TWO-TIERED SYSTEM OF JUSTICE AND UNCONSTITUTIONAL SELECTIVE PROSECUTION! The Biden Documents Case is 100 times different and more severe than mine. I did nothing wrong, and I cooperated far more. What Biden did is outrageously criminal—He had 50 years of documents, 50 times more than I had, and 'WILLFULLY RETAINED' them.
"Deranged Jack Smith should drop this Case immediately. ELECTION INTERFERENCE," Trump added.
The Department of Justice has been contacted for comment via email.
Hur did say there are key differences between how Biden handled classified documents after he left office and the criminal allegations aimed at Trump, including dismissing the suggestion the Republican had "cooperated far more" with the investigation into him.
"Most notably, after being given multiple chances to return classified documents and avoid prosecution, Mr Trump allegedly did the opposite," Hur wrote. "According to the indictment, he not only refused to return the documents for many months, but he also obstructed justice by enlisting others to destroy evidence and then to lie about it."
Trump is scheduled to go to trial in May 2024 to face the 40 federal charges against him.
The findings of Hur's report are sure to be used as attack lines by Trump and other Republicans against Biden heading into November's general election.
There have been frequent concerns about Biden's cognitive abilities as he seeks a second term in the White House, with polls frequently suggesting even Democrat voters believe the 81-year-old is too old to run for office.
Biden rejected the criticisms of Hur, saying during a heated press conference on Thursday: "My memory is fine." Biden also lashed out at the special counsel for suggesting he could not remember the year his son died.
"How in the hell dare he raise that?" Biden added.
"Frankly, when I was asked the question, I thought to myself, it wasn't any of their damn business," he said. "Every Memorial Day we hold a service remembering him, attended by friends and family and the people who loved him, I don't need anyone to remind me when he passed away."
Trump himself has also raised concerns about his cognitive ability ahead of an expected rematch against Biden at the 2024 election.
In recent weeks, the 77-year-old appeared to confuse his last remaining serious challenger in the GOP primary, Nikki Haley, with former House Speaker Nancy Pelosi during a campaign event. He also suggested former Democratic President Barack Obama was still in office.
About the writer
Ewan Palmer is a Newsweek News Reporter based in London, U.K. His focus is reporting on US politics, and Florida ... Read more