Former U.S. Attorney Harry Rosenberg joined WWL's Newell Normand to discuss if President Joe Biden had violated the Records Retention Act, and why Special Counsel Robert Hur decided not to move forward with charges against the president.
The investigation determined that Biden had 'willfully retained' classified documents about military and foreign policy after leaving office as vice president. But he wasn't charged. Why is that?
"That very question was posed to the special counsel ... and he said there was not an exoneration but he concluded there would not be enough evidence to convince the jury beyond a reasonable doubt," Rosenberg said.
Newell questioned the word 'willful' and where that fit into the picture.
"Again, special counsel Hur determined that given Biden's memory lapses and age he did not believe a jury would convict him of willfully hoarding classified documents," Rosenberg explained.
Saying 'I don't remember' isn't usually something you can use as a defense, Normand added, but Rosenberg said Hur just decided it wasn't a case he could win at trial.
