Biden 'did not remember when he was vice president,' when his son Beau died, during special counsel interviews

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Biden’s ‘damning’ classified documents case report made public

Fox News’ David Spunt reports on the condition of President Biden’s storage facility where he allegedly kept classified documents in Wilmington, Delaware.

According to Special Counsel Robert Hur's report on President Biden's mishandling of classified documents released Thursday, Biden could not remember key details, such as when he was vice president, during interviews with investigators. 

Hur has been investigating Biden's improper retention of classified records since last year. The papers included classified documents about military and foreign policy in Afghanistan, among other national security and foreign policy records, which Hur said implicated "sensitive intelligence sources and methods." He announced he would not seek criminal charges against Biden.

The report, however, also contains an eye-opening portion on how Biden struggled to remember when he served as vice president in the Obama administration while being interviewed for the investigation. Additionally, Hur's office believed Biden's lawyers would use those "limitations" in his recall if it went to trial.

NO CHARGES FOR BIDEN AFTER SPECIAL COUNSEL PROBE INTO IMPROPER HANDLING OF CLASSIFIED DOCUMENTS

President Biden speaks during a meeting of the National Infrastructure Advisory Council in the Indian Treaty Room of the White House in Washington, D.C., on Dec. 13, 2023. (Al Drago/Bloomberg via Getty Images)

"In his interview with our office, Mr. Biden's memory was worse," the report states. "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?')."

"He did not remember, even within several years, when his son Beau died," the report continued. "And his memory appeared hazy when describing the Afghanistan debate that was once so important to him. Among other things, he mistakenly said he ‘had a real difference’ of opinion with General Karl Eikenberry, when, in fact, Eikenberry was an ally whom Mr. Biden cited approvingly in his Thanksgiving memo to President Obama."

"In a case where the government must prove that Mr. Biden knew he had possession of the classified Afghanistan documents after the vice presidency and chose to keep those documents, knowing he was violating the law, we expect that at trial, his attorneys would emphasize these limitations in his recall," the report said.

GARLAND SAYS SPECIAL COUNSEL PROBING BIDEN CLASSIFIED RECORDS HAS SUBMITTED REPORT, UNDER WHITE HOUSE REVIEW

President Biden speaks during a press conference after meeting with Chinese President Xi Jinping during the Asia-Pacific Economic Cooperation Leaders week in Woodside, California, on Nov. 15, 2023. (BRENDAN SMIALOWSKI/AFP via Getty Images)

While Biden will not face charges, Hur said his investigation "uncovered evidence that Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen."

The materials included "marked classified documents about military and foreign policy in Afghanistan, and notebooks containing Mr. Biden's handwritten entries about issues of national security and foreign policy implicating sensitive intelligence sources and methods." 

Hur said FBI agents recovered the materials from "the garages, offices, and basement den in Mr. Biden's Wilimington, Delaware home." 

President Biden arrives for a memorial service for former first lady Rosalynn Carter at Glenn Memorial United Methodist Church at Emory University in Atlanta on Nov. 28, 2023. (Brynn Anderson-Pool/Getty Images)

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He added that the evidence "does not establish Mr. Biden's guilt beyond a reasonable doubt."

The White House did not immediately respond to Fox News Digital's request for comment.