Special counsel Robert Hur announced on Thursday that President Joe Biden had “willfully retained” and mishandled classified documents after leaving the vice presidency. However, despite these findings, Hur stated that he would not recommend charging Biden. The reasons behind this decision have raised eyebrows, with many finding them concerning.

The report revealed that investigators discovered Biden had retained and disclosed classified information after his vice presidency while he was a private citizen. These materials included marked classified documents on military and foreign policy in Afghanistan, as well as notebooks containing handwritten entries on national security and foreign policy matters implicating sensitive intelligence sources and methods. FBI agents recovered these materials from various locations in Biden’s Wilmington, Delaware home.

During interviews, it became evident that Biden’s memory was significantly impaired, with recordings from 2017 revealing his struggles to recall events and difficulties in reading and relaying his own notebook entries. Attorney General Merrick Garland appointed Hur to investigate Biden’s handling of classified documents in January 2023, following the discovery of classified documents in Biden’s Delaware residences and at the Penn Biden Center.

The report also highlighted Biden’s cognitive decline, noting that his memory had worsened over time. In interviews conducted last year, Biden could not remember important dates, such as when his term as vice president began or ended, and he struggled to recall significant personal events, such as his son Beau’s death.

Despite these findings, investigators concluded that it would be challenging to convince a jury to convict Biden, especially given his age and cognitive decline. The report suggested that Biden would likely present himself as a sympathetic elderly man with a poor memory, making it difficult for jurors to identify reasonable doubt.

The White House expressed its pleasure at the investigation’s conclusion but criticized the report’s “inaccurate and inappropriate comments.” While Biden has been cleared of charges, questions remain about the implications of his mishandling of classified information and the adequacy of safeguards to prevent such incidents in the future.