WASHINGTON — Vice President Kamala Harris on Friday slammed the report by a Justice Department special counsel into Joe Biden’s mishandling of classified documents that raised questions about the president’s memory, calling it “politically motivated” and “gratuitous,” as the White House said the president would take steps to safeguard classified materials during presidential transitions.
The report from Robert Hur, the former Maryland U.S. Attorney selected by Attorney General Merrick Garland to investigate Biden found evidence that Biden willfully held on to and shared with a ghostwriter highly classified information, but laid out why he did not believe the evidence met the standard for criminal charges, including a high probability that the Justice Department would not be able to prove Biden’s intent beyond a reasonable doubt.
The White House admits Biden erred in having the documents in his home and Ian Sams, a spokesperson for the White House counsel’s office, said Friday that Biden would soon name a task force “to ensure that there are better processes in place” to protect classified materials when administrations change.
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Spokesman for the White House Counsel's Office Ian Sams speaks at a Friday news briefing at the White House in Washington.
The Hur report described the 81-year-old Democrat’s memory as “hazy,” “fuzzy,” “faulty,” “poor” and having “significant limitations.” It noted that Biden could not recall defining milestones in his own life such as when his son Beau died or when he served as vice president.
Asked whether the White House would release a copy of the transcript of Biden’s interview with Hur that could dispute Hur’s characterizations, Sams said parts of it were classified, but that if parts of it could be declassified, “we’ll take a look at that and make a determination.”
Taking a question from a reporter at the conclusion of a gun violence prevention event at the White House, Harris said that as a former prosecutor, she considered Hur’s comments “gratuitous, inaccurate, and inappropriate.”
She noted that Biden’s two-day sit-down with Hur occurred just after the Oct. 7 attack by Hamas on Israel, where more than 1,200 people were killed and about 250 were taken hostage — including Americans.
Vice President Kamala Harris speaks Jan. 23 at an event on the campus of George Mason University in Manassas, Va.
“It was an intense moment for the commander in chief of the United States of America,” Harris said, saying she spent countless hours with Biden and other officials in the days that followed and he was “on top of it all.”
She added that “the way that the president’s demeanor in that report was characterized could not be more wrong on the facts and clearly politically motivated, gratuitous.”
Harris concluded saying a special counsel should have a “higher level of integrity than what we saw.”
Her comments came a day after Biden insisted that his “memory is fine” and grew visibly angry at the White House, as he denied forgetting when his son died. Beau Biden died of brain cancer in 2015 at the age of 46.
Sams suggested that the political environment led Hur, who was appointed as U.S. attorney by former President Donald Trump, to include the comments.
“There’s an environment that we are in, that generates a ton of pressure, because you have congressional Republicans, other Republicans, attacking prosecutors that they don’t like,” he said.
President Joe Biden meets Friday with German Chancellor Olaf Scholz in the Oval Office of the White House in Washington.
The report
Hur’s report concludes that no criminal charges against Biden are warranted, a key difference from Donald Trump’s situation.
Trump is under criminal indictment for knowingly hanging on to to classified records at his Mar-a-Lago estate in Florida and resisting turning them over, perhaps the most damning — and stickiest — of the four criminal cases against him.
Weeks after the FBI searched Trump’s private residence and turned up classified documents, Biden slammed his predecessor as “totally irresponsible.”
As Biden ramps up his 2024 reelection campaign — and his case against Trump — he’s not likely to try that argument again.
Biden, 81, was already dogged by questions about whether he’s too old to serve a second term. The special counsel report will hardly be helpful on that count.
Hur noted that “Mr. Biden’s memory was significantly limited” in interviews with the special counsel office as well as with a ghostwriter that Biden worked with.
This image shows the box where classified Afghanistan documents were found Dec. 21, 2022, in the garage of President Joe Biden in Wilmington, Del., during a search by the FBI.
In his interview with the special counsel’s office, Hur writes, Biden twice appeared confused about when his term as vice president ended. The report notes that Biden, who speaks frequently about his son Beau’s death, could not remember “even within several years” when he died.
“And his memory appeared hazy when describing the Afghanistan debate that was once so important to him,” the report said. “Among other things, he mistakenly said he ‘had a real difference’ of opinion with General Karl Eikenberry, when, in fact, Eikenberry was an ally whom Mr. Biden cited approvingly in his Thanksgiving memo to President Obama.”
Polls have shown that many Americans, including Democrats, have concerns about Biden’s age. He would be 86 at the end of his second term if reelected.
Photos: Trump indictment shows documents stacked in bathroom, bedroom, ballroom
Boxes of records are stored in a bathroom and shower in the Lake Room at former President Donald Trump’s Mar-a-Lago estate in Palm Beach, Fla., seen in this image contained in an indictment charging him with 37 felonies related to the mishandling of classified documents. The indictment paints an unmistakably damning portrait of Trump’s treatment of sensitive information, accusing him of willfully defying Justice Department demands to return documents he had taken from the White House, enlisting aides in his efforts to hide the records and even telling his lawyers he wanted to defy a subpoena for the materials stored in his estate.
This image, contained in the indictment against former President Donald Trump, shows boxes of records on Dec. 7, 2021, in a storage room at Trump's Mar-a-Lago estate in Palm Beach, Fla., that had fallen over with contents spilling onto the floor. Trump is facing 37 felony charges related to the mishandling of classified documents according to an indictment unsealed Friday, June 9, 2023.
This image, contained in the indictment against former President Donald Trump, shows boxes of records being stored on the stage in the White and Gold Ballroom at Trump's Mar-a-Lago estate in Palm Beach, Fla. Trump is facing 37 felony charges related to the mishandling of classified documents according to an indictment unsealed Friday, June 9, 2023.
This image, contained in the indictment against former President Donald Trump, shows boxes of records that had been stored in the Lake Room at Trump's Mar-a-Lago estate in Palm Beach, Fla., after they were moved to a storage room on June 24, 2021.
This image contained in a court filing by the Department of Justice on Aug. 30, 2022, and partially redacted by the source, shows a photo of documents seized during the Aug. 8, 2022, FBI search of former President Donald Trump's Mar-a-Lago estate.
This image, contained in the indictment against former President Donald Trump, shows boxes of records that had been stored in the Lake Room at Trump's Mar-a-Lago estate in Palm Beach, Fla., after they were moved to a storage room on June 24, 2021.
Boxes of records seen in a storage room at former President Donald Trump's Mar-a-Lago estate in Palm Beach, Fla., that were photographed on Nov. 12, 2021.
Pages from the affidavit by the FBI in support of obtaining a search warrant for former President Donald Trump's Mar-a-Lago estate are photographed Aug. 26, 2022. U.S. Magistrate Judge Bruce Reinhart ordered the Justice Department to make public a redacted version of the affidavit it relied on when federal agents searched Trump's estate to look for classified documents.
A page from a FBI property list of items seized from former President Donald Trump's Mar-a-Lago estate and made public by the Department of Justice, are photographed Friday, Sept. 2, 2022. FBI agents who searched the home found empty folders marked with classified banners. The inventory reveals in general terms the contents of the 33 boxes taken during the Aug. 8 search.
Pages from a FBI property list of items seized from former President Donald Trump's Mar-a-Lago estate and made public by the Department of Justice, are photographed Sept. 2, 2022.
The indictment against former President Donald Trump is photographed on Friday, June 9, 2023. Trump is facing 37 felony charges related to the mishandling of classified documents according to the unsealed indictment that also alleges that he improperly shared a Pentagon "plan of attack" and a classified map related to a military operation.
The indictment against former President Donald Trump is photographed on Friday, June 9, 2023. Trump is facing 37 felony charges related to the mishandling of classified documents according to the unsealed indictment that also alleges that he improperly shared a Pentagon "plan of attack" and a classified map related to a military operation.

