President Joe Biden is reportedly not expected to be charged in connection to Special Counsel Robert Hur’s criminal investigation into his handling of classified material.
CNN reported that sources familiar with the matter informed the network that Hur’s team is preparing a final report about the results of the investigation, which started earlier this year after classified materials were found in an office Biden used at the Penn Biden Center in Washington, D.C. Other documents were later found in his home.
The report is expected to be “critical of Biden and his staff for the way they handled sensitive materials” and it’s expected to go “into significant detail about what the special counsel’s office found in its investigation,” the report said.
The classified documents that were discovered dated back to when Biden was vice president in the Obama administration and from his time as a U.S. Senator in Delaware.
Former President Donald Trump was hit with federal criminal charges for his handling of classified material after he left office. His supporters have accused the Department of Justice of political bias, accusations that are likely to be amplified if Biden is not charged.
One key difference between the cases was that Biden’s team quickly cooperated with federal investigators while Trump is accused of obstructing the federal criminal investigation into his handling of the documents. It’s worth noting that the only charges Trump was hit with in the investigation stem from the documents that were recovered after he was served with a subpoena — he was not charged with any crimes for documents that he turned back over to the U.S. government when it requested that he do so.
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However, just because Biden is not indicted doesn’t mean that he did not commit a crime.
The Department of Justice has a decades old policy that dates back to 1973, and which has been reaffirmed since then, that says a sitting president cannot be indicted because the DOJ “concluded that the indictment or criminal prosecution of a sitting President would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions.”