Biden responds to special counsel report on handling of classified documents

By Devan Cole, Tori B. Powell, Elise Hammond and Piper Hudspeth Blackburn, CNN

Updated 9:28 p.m. ET, February 8, 2024
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8:24 p.m. ET, February 8, 2024

Biden fires back against Hur report's description of him as a "well-meaning, elderly man"

From CNN's Betsy Klein

President Joe Biden delivers remarks at the White House.
President Joe Biden delivers remarks at the White House. Kevin Lamarque/Reuters

President Joe Biden fired back against special counsel Robert Hur’s description of why he was not charged, with Hur describing the president as potentially being seen by a jury as a “well-meaning, elderly man with a poor memory.”

A visibly seething Biden tried to shift the narrative, saying, “I am well-meaning. And I’m an elderly man. And I know what the hell I’m doing. I’ve been president – I put this country back on its feet. I don’t need his recommendation.”

He dismissed concerns from the American people about his age when pressed by CNN’s MJ Lee on the matter after previously saying they should watch him and make their own judgment.  

Age has presented a chronic issue and political liability for Biden: 46% of Democrats in a CNN poll conducted by SSRS released last week were concerned about his age.  

“That is your judgment. That is your judgment,” he told Lee, raising his voice, as she asked about the polling.

Pressed again by Lee on why he is best equipped to take on former President Donald Trump in a November general election, he said, “Because I’m the most qualified person in this country to finish the job I started.”

8:28 p.m. ET, February 8, 2024

Biden mistakenly refers to Egyptian President Abdel Fattah el-Sisi as the president of Mexico

From CNN's Piper Hudspeth Blackburn

President Joe Biden, minutes after defending his memory, mistakenly referred to Egyptian President Abdel Fattah el-Sisi as the the president of Mexico while answering questions from reporters about hostage negotiations and humanitarian aid in the Gaza strip.

“Initially, the president of Mexico -- Sisi -- did not want to open up the gate to allow humanitarian material to get in. I talked to him. I convinced him to open the gate. I talked to Bibi to open the gate on Israeli side. I've been pushing really hard, really hard to get humanitarian assistance into Gaza. There are a lot of innocent people who are starving. Lots of innocent people are in trouble and dying. And it's got to stop."

Biden also noted that he’s “pushing very hard now to deal with this hostage ceasefire."

If an initial delay possible, Biden said: ”I think that we would be able to extend that so that we could increase the prospect that this fighting in Gaza changes. There's also other negotiations."

8:13 p.m. ET, February 8, 2024

Biden says he is pleased that the special counsel decided not to bring charges

From CNN's Piper Hudspeth Blackburn

President Joe Biden speaks in the Diplomatic Reception Room of the White House on Thursday.
President Joe Biden speaks in the Diplomatic Reception Room of the White House on Thursday. Evan Vucci/AP

President Joe Biden said he’s pleased that special counsel Robert Hur “reached a firm conclusion that no charges should be brought against me in this case.” 

"The special counsel acknowledged I cooperated completely. I did not throw up any roadblocks. I sought no delays," the president said of his response to the investigation into his handling of classified documents.

Biden noted that he cooperated with the probe and sat for a five hour interview over two days in October, "even though Israel had just been attacked by Hamas."

8:45 p.m. ET, February 8, 2024

Biden slams special counsel for saying he doesn't remember when his son died

From CNN's Elise Hammond and Nikki Carvajal

President Joe Biden speaks on Thursday.
President Joe Biden speaks on Thursday. Evan Vucci/AP

Joe Biden slammed special counsel Robert Hur for putting in his report that the president did not remember when his son Beau died, in a mention of Biden's apparent memory lapses.

The report said investigators found Biden’s “memory was significantly limited” during interviews with his ghostwriter and an interview with Hur’s office last year. According to the report, Biden — during the 2023 interview — did not remember when his son Beau died nor the years he was vice president.

"How in the hell dare he raise that? Frankly, when I was asked the question, I thought to myself, it was none of their damn business," Biden said in remarks at the White House on Thursday.

Biden started to say he wore his son's rosary every day since the day he died, but stopped, appearing to choke up. 

“Every Memorial Day we hold a service remembering him, attended by friends and family and the people who loved him,” Biden said, after a pause. “I don't need anyone. I don't need anyone to remind me when he passed away.” 

He then reiterated that when he sat down with the special counsel, “at the same time I was managing an international crisis.” 

Asked later if he felt his memory had gotten worse, Biden responded: “My memory is fine.” 

“Take a look at what I've done since I've become president,” Biden said. “None of you thought I could pass any of the things I got passed. How'd that happen?”

8:03 p.m. ET, February 8, 2024

NOW: Biden makes remarks after special counsel report into his handling of classified documents

From CNN staff

President Joe Biden speaks during a press conferences on February 8, 2024, in Washington, DC.
President Joe Biden speaks during a press conferences on February 8, 2024, in Washington, DC. Pool

President Joe Biden is now giving remarks at the White House following the release of a report by special counsel Robert Hur into his handling of classified documents.

The report concluded Biden willfully retained and disclosed classified military and national security information but recommended he not face charges.

7:28 p.m. ET, February 8, 2024

Biden to deliver remarks Thursday night

From CNN's Kevin Liptak

President Joe Biden will deliver remarks from the White House at 7:45 p.m. the White House said. 

No topic was immediately given, but the remarks come hours after the release of special counsel Robert Hur's report on the president's handling of classified documents.

5:40 p.m. ET, February 8, 2024

Top Democrat says special counsel report proves Biden's DOJ has not been politicized

From CNN’s Morgan Rimmer

Sen. Dick Durbin, a Democrat from Illinois and chairman of the Senate Judiciary Committee, during a hearing in Washington, DC, on Wednesday January 31, 2024.
Sen. Dick Durbin, a Democrat from Illinois and chairman of the Senate Judiciary Committee, during a hearing in Washington, DC, on Wednesday January 31, 2024. Kent Nishimura/Bloomberg/Getty Images

Senate Judiciary Chairman Dick Durbin said the special counsel report on President Joe Biden’s classified documents case shows that Biden’s Department of Justice has not been politicized.

“This case demonstrates that the Justice Department is not the personal law firm of any President, and I hope this episode impresses that on all public officials,” he said in a statement Thursday. 

Durbin also compared Biden’s willingness to return classified information to former President Donald Trump’s recalcitrance.

“As detailed in the Special Counsel’s report, there are clearly concerning gaps in the manner in which current and former government officials retain classified materials. In this case, however, President Biden fully cooperated with the investigation, unlike his predecessor,” Durbin said.

5:15 p.m. ET, February 8, 2024

Nikki Haley claims "double standard" in Biden and Trump document cases

From CNN's Kylie Atwood and Devan Cole

Nikki Haley speaks during a campaign event on February 7, in Los Angeles, California. 
Nikki Haley speaks during a campaign event on February 7, in Los Angeles, California.  Eric Thayer/Getty Images

Republican presidential candidate Nikki Haley said that former President Donald Trump should claim "old age and forgetfulness" when it comes to his classified documents case. It comes after Special Counsel Robert Hur put out a report finding that President Joe Biden will not face charges after he willfully retained and disclosed classified documents.

"The double standard is glaring. Both Joe Biden and Donald Trump were reckless with classified documents. If Biden's defense is old age and forgetfulness Trump can easily make the same claim," Haley posted on social media. "Trump should quickly hire Biden's lawyers."

Some more context: Haley made an effort to cast the cases of Biden and Trump in the same light, though the two presidents' handling of classified documents was very different. Hur noted in his report there were distinctions between the two.

The National Archives repeatedly tried and failed to get back documents in Trump’s possession. At one point, the FBI secured a search warrant to search his Florida estate.

Biden’s attorneys, on the other hand, notified the National Archives of the materials found in his possession. Those documents were discovered on November 2, just six days before the midterm elections, but the president’s attorneys only publicly acknowledged the discovery of the documents on November 7 — when news reports about the discovery broke.

5:14 p.m. ET, February 8, 2024

Senate Republicans jump on special counsel's description of Biden's memory

From CNN’s Morgan Rimmer and Melanie Zanona

President Joe Biden and Special Counsel Robert Hur.
President Joe Biden and Special Counsel Robert Hur. Getty Images

Senate Republicans jumped on the special counsel’s description of President Joe Biden as a “sympathetic, well-meaning elderly man with a poor memory” and alleged a double standard between the handling of Biden’s classified documents case and former President Donald Trump’s case. 

In a joint statement, the House GOP leadership team said one of the most “disturbing parts” of the report is that the president struggled to remember key details during the interview and that “a man too incapable of being held accountable for mishandling classified information is certainly unfit for the Oval Office.”

Here's what some of them said on X:

  • “Is this a joke?” GOP Sen. Thom Tillis wrote on social media, reposting several quotes from the report about Biden’s memory. 
  • Sen. Josh Hawley said in his own post, “Biden doesn’t remember his time as VP? But somehow he’s qualified to be President for another 4 years?”
  • Sen. Eric Schmitt pointed to the same section with a siren emoji, quoting, “‘He did not remember when he was Vice President.’”
  • Sen. Tommy Tuberville also jumped on the description of Biden’s memory, writing, “According to this investigation, @JoeBiden doesn't remember being VP. Does anyone believe he's running the country now as POTUS?”
  • Sen. Lindsey Graham, the top Republican on the Senate Judiciary Committee, called the special counsel’s description of Biden’s memory “unnerving” and said it could harm how the US is viewed on the world stage.
  • Sen. Rick Scott called for Biden to be removed from the presidency via the 25th Amendment after the special counsel described Biden’s memory in their report. He argued, "That does not describe someone who should be the Commander in Chief of our armed forces and the defender of American freedoms."
  • Sen. Markwayne Mullin said, “The special counsel report confirms that Biden ‘willfully retained and disclosed classified materials’ for years before he entered the White House. Meanwhile, Trump’s Mar-a-Lago home was raided by the FBI and he’s facing a weaponized DOJ. A clear two-tiered system of justice.” 
  • Sen. JD Vance also alleged a double standard in how the Department of Justice handled Biden and Trump’s classified documents cases. “Biden gives away classified information as a private citizen and gets a pass. Trump ‘mishandled’ classified info of his own government and they want him to die in prison,” he said in a post on X.