LEAKED: No Charges Coming in Special Counsel Investigation of Joe Biden

AP Photo/Andrew Harnik

According to a person familiar with the matter, the special counsel investigation into President Joe Biden's illegal mishandling and possession of classified documents is not expected to result in any charges. 

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The Wall Street Journal dropped the news on Thursday, citing an anonymous source that says the report will be sharply critical, but not offer anything more than that.

The prosecutor investigating why classified documents ended up at President Biden’s home and former office is preparing a report that is expected to be sharply critical of how he and his longtime aides handled the material, but the probe isn’t likely to result in a criminal case, according to people familiar with the matter. 

Since his appointment in January, Special Counsel Robert Hur has interviewed roughly 100 of Biden’s aides, colleagues and family members, including his son, Hunter, culminating in a two-day interview with the president last month.

That revelation comes after Biden was interviewed personally by Special Counsel Robert Hur's investigative team in early October. The scandal arose after several classified documents were found in one of the president's old offices. Some of them dated back to his time in the U.S. Senate. Things escalated once documents were found in a box in his garage, completely unprotected. Over the following months, other pieces of classified information would be recovered. 

While a president would have declassifying authority, all the documents in question were taken when Biden clearly did not have that power. The White House has continued to insist the troves of classified information found were simply put there by accident, an explanation that strains belief given some of them were moved multiple times. 

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Under U.S. law, it is illegal for anyone to remove classified documents from secure areas, which is apparently what happened regarding those taken by Biden during his Senate years. It is also illegal to retain classified documents that are brought in for review, which is likely what happened regarding those documents taken during Biden's vice presidential years. 

Of course, there's the issue of presidential immunity to deal with. Is Hur not bringing charges because he didn't find enough evidence or because he's not being allowed to? That will be an important bit of context to look for in his report. Under current DOJ policy, presidents can't be prosecuted prior to removal from office, though many suggested that policy isn't all-encompassing when Donald Trump was the target during his presidential term. 

Regardless, if the report does state that Biden broke the law, that would be very clear grounds for impeachment. I suspect Hur will not go that far, though. 

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