Reply to Special Counsel Report on Classified Documents

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[quote=Anonymous]Relevant excerpts from 
[b]The Real “Robert Hur Report” (Versus What You Read in the News)
How the Special Counsel report has been misinterpreted[/b]
by Andrew Weissmann and Ryan Goodman
February 10, 2024

“We have concluded that there is not a prosecutable case against Biden. Although there was a basis to open the investigation based on the fact that classified documents were found in Biden’s homes and office space, that is insufficient to establish a crime was committed. The illegal retention or dissemination of national defense information requires that he knew of the existence of such documents and that he knew they contained national defense information. It is not a crime without those additional elements. Our investigation, after a thorough year-long review, concludes that there is an absence of such necessary proof. Indeed, we have found a number of innocent explanations as to which we found no contrary evidence to refute them and found affirmative evidence in support of them.”

1. Lack of Evidence of Knowledge that Information Was Classified
* “Mr. Biden should have known that by reading his unfiltered notes about classified meetings in the Situation Room, he risked sharing classified information with his ghostwriter. But the evidence does not show that when Mr. Biden shared the specific passages with his ghostwriter, Mr. Biden knew the passages were classified and intended to share classified information.” (p. 9-10)

2. Lack of Evidence of Willful Retention
* “Some of the documents in these files were marked classified, though, because of the passage of time, we do not know whether Mr. Biden willfully retained the classified documents or consulted

3. Lack of Evidence of Willful Disclosure
* “[W]e conclude that the evidence does not establish that Mr. Biden willfully disclosed national defense information to Zwonitzer.” (p. 248)

4. Lack of Evidence of Transportation of Documents
* “We were unable to determine how the marked classified Afghanistan documents got from the White House, where Mr. Biden possessed them as vice president in 2009, to his Delaware home, where they were found in 2022 …. Ultimately, we could not determine precisely when the box containing the Afghanistan documents got into the garage, or who put the documents there.” (p. 150)

5. Lack of Evidence of Possession
The Hur report centers on one of the apparently most incriminating statements by Biden to his ghostwriter. While in his home in Virginia. Biden said he had “just found all the classified stuff downstairs.”

6. Evidence of Intent to Return Classified Documents
Around the same time as the relevant period, Biden proactively returned other classified documents to government authorities that he discovered in his home. The report notes this evidence supports Biden’s innocence.
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