The Hur Interview: 'I Did Not Know How the Classified Documents Got There'
In February 2024, Special Counsel Robert Hur released his report on President Biden’s retention of classified documents after his vice presidency. The report declined to prosecute, but its description of Biden as a “sympathetic, well-meaning, elderly man with a poor memory” became a political firestorm. The transcript of Biden’s October 2023 interview, released alongside the report, reveals the exchanges that led to that characterization.
Hur opens the interview
October 8, 2023, White House
Robert HurMr. President, thank you for agreeing to this interview. You are here voluntarily. You are not under oath, but it is a federal crime to lie to federal investigators. Do you understand that?
Joe BidenI do. I want to be as helpful as I can. I want to get to the bottom of this. I directed my team to cooperate fully with your investigation. I have nothing to hide.
HurMr. President, the investigation has found classified documents at your former office at the Penn Biden Center and at your home in Wilmington, Delaware. These documents date from your time as Vice President. Can you explain how they got there?
BidenI did not know how the classified documents got there. I did not know they were there. And I did not intend to keep them. When my team found them, they immediately contacted the National Archives. I cooperated fully. I let the FBI search my home. I gave them access to everything. I didn't try to hide anything. I didn't try to destroy anything. I didn't try to obstruct anything. The documents were there without my knowledge. That's the truth.
[From the transcript of President Biden's interview with the Special Counsel's office, October 8, 2023, Hur Report, Appendix A.]
Hur questions Biden about his memory
October 8, 2023, interview
HurMr. President, you told the ghostwriter of your memoir in 2017 that you had just found classified materials in your home. Do you recall that conversation?
BidenI don't recall saying that. I don't recall finding classified materials in 2017. If I had found classified materials, I would have returned them. I don't believe I said that.
HurThe recording of the conversation has you saying, quote, 'I just found all the classified stuff downstairs.' Do you recall that?
BidenI don't recall that specific conversation. I don't recall saying that. If the recording exists, I don't dispute it. But I don't remember it. I don't remember finding classified documents in 2017. I don't remember any of that.
HurMr. President, can you tell me the year your son Beau died?
BidenWhat does that have to do with anything?
HurI'm trying to establish a timeline, Mr. President. When did your son Beau die?
Biden2015. May 2015. He died of brain cancer. He was 46 years old. He was my son. And I think about him every day. I don't need you to ask me about my son. I know when my son died.
[From the transcript of President Biden's interview, October 8, 2023, Hur Report, Appendix A.]
Hur asks about the Afghanistan documents
October 8, 2023, interview
HurMr. President, the classified documents found at your home included documents related to Afghanistan. Specifically, a memo you wrote to President Obama in 2009 arguing against a troop surge. Can you tell me about that memo?
BidenI remember that memo. I wrote it in 2009. I was Vice President. I was opposed to the troop surge. I thought it was a mistake. I wrote a detailed memo to President Obama laying out my argument. I believed that we should not escalate the war in Afghanistan. I was right. The surge didn't work. The war dragged on for another decade. That memo was one of the most important things I wrote as Vice President. I kept it because I was proud of it. I wanted to have a record of my position. I didn't think about the classification. I just thought of it as my work product.
HurMr. President, that memo was classified. It contained classified information about military operations and diplomatic negotiations. You kept it in your garage in Wilmington. Next to your Corvette. Do you understand why that's a problem?
BidenI understand that classified documents should not be in a garage. I understand that now. At the time, I didn't think about it. I was leaving the Vice Presidency. I was packing up my office. I was moving my papers. I didn't go through every box. I didn't check every document. I should have. I didn't. That was a mistake. But I didn't know the documents were there. I didn't know they were classified. And when I found out, I cooperated fully. I didn't try to hide them. I didn't try to destroy them. I didn't try to obstruct the investigation. I did the right thing once I knew.
[From the transcript of President Biden's interview, October 8, 2023, Hur Report, Appendix A.]
Hur’s report: the decision not to prosecute
February 2024, Special Counsel’s report
Hur ReportWe conclude that no criminal charges are warranted in this matter. We would reach the same conclusion even if the Department of Justice policy did not foreclose criminal charges against a sitting president. The evidence does not establish Mr. Biden's guilt beyond a reasonable doubt.
Hur ReportMr. Biden would likely present himself to a jury as a sympathetic, well-meaning, elderly man with a poor memory. He has limited precision and recall. He did not remember when he was Vice President. He did not remember when his son Beau died. He did not remember the details of the Afghanistan debate that was so important to him. It would be difficult to convince a jury that they should convict him of a serious felony that requires a mental state of willfulness.
Biden, in a press conferenceI'm well-meaning, and I'm an elderly man, and I know what the hell I'm doing. I've been President. I've put this country back on its feet. My memory is fine. My memory has not gotten worse. Look at what I've done since I've been President. None of you thought I could get any of the things I got done. How did that happen? I guess I just forgot what I was doing.
ReporterMr. President, how do you respond to the report's characterization of your memory?
BidenI don't need anyone to tell me about my memory. I know what I've done. I know what I'm doing. I know what I'm going to do. My memory is fine. And I'm going to continue to be the President of the United States and do the job the American people elected me to do.
[From the Hur Report, February 8, 2024, pp. 1-6, and President Biden's press conference, February 8, 2024.]
The political fallout
February 2024, Washington
Congressional RepublicansThe special counsel's report confirms what we've been saying: President Biden is not fit to serve. He can't remember when he was Vice President. He can't remember when his son died. He can't remember the details of the most important policy debate of his Vice Presidency. The American people deserve a President who is fully in command of his faculties.
Congressional DemocratsThe special counsel cleared the President. There is no evidence of criminal wrongdoing. The report's gratuitous characterizations of the President's memory are inappropriate and beyond the scope of the investigation. The special counsel is a Republican appointed by Donald Trump's Attorney General. His personal opinions about the President's memory are not relevant to the legal question he was asked to answer.
Hur, in congressional testimonyI did not sanitize my explanation. I did not unfairly disparage the President. I explained my decision to the Attorney General. I was required to explain why I was not pursuing charges. The President's state of mind was relevant to that decision. I stand by the report. My assessment was fair. It was based on the evidence. And it was necessary to explain my decision.
[From congressional statements, February 2024, and Robert Hur's testimony before the House Judiciary Committee, March 12, 2024.]