WASHINGTON, Feb 8 (Reuters) - President Joe Biden will not face charges for knowingly taking classified documents when he left the vice presidency in 2017, according to a prosecutor's report released Thursday that will raise new problems for the Democrat as he seeks reelection.
Special Counsel Robert Hur said he opted against bringing criminal charges following a 15-month investigation because Biden cooperated and would be difficult to convict, describing him as a "well-meaning, elderly man with a poor memory."
Hur's conclusion ensures that Biden, unlike his expected 2024 presidential rival Donald Trump, will not risk prison time for mishandling sensitive government documents.
But it could cause further embarrassment for Biden, 81, as the oldest person to ever serve as U.S. president tries to convince voters that he can serve another four-year term.
"Mr. 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," wrote Hur, who served as the top federal prosecutor in Maryland during the Trump administration and was tapped to lead the Biden probe by Attorney General Merrick Garland in January 2023.
Biden has also sought to draw a contrast with Trump, 77, on issues of personal ethics and national security.
In a speech to congressional Democrats in Virginia, Biden emphasized that he had cooperated with the investigation.
"I did not throw up any roadblocks. I sought no delays,” Biden said, adding that Hur noted he returned the classified documents, while “Mr. Trump allegedly did the opposite.”
Trump has described the four criminal prosecutions he faces — including one for his handling of classified documents — as politically motivated. He has claimed, without evidence, that Biden was behind the state and federal cases.
"THIS HAS NOW PROVEN TO BE A TWO-TIERED SYSTEM OF JUSTICE AND UNCONSTITUTIONAL SELECTIVE PROSECUTION!" Trump wrote on social media.
Trump's allies seized on the report to underline concerns about Biden's age.
"If you're too senile to stand trial, then you're too senile to be president," said Alex Pfeiffer, a spokesperson for Make America Great Again, a group allied with Trump.
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