--- title: Biden Calls Foul on Allegations of Memory Lapses description: A special counsel report makes alarming allegations about Biden's memory. Biden pushed back in fiery remarks hours later. "How in the hell dare he raise that?" canonical: https://time.com/6693051/joe-biden-memory-robert-hur/ author: Brian Bennett article:opinion: false article:content_tier: free article:published_time: 2024-02-08T23:00:17.000Z article:modified_time: 2026-01-19T11:49:12.000Z article:section: Politics og:title: Biden Calls Foul on Allegations of Biden Memory Lapses og:description: A special counsel report makes alarming allegations about Biden's memory. Biden pushed back in fiery remarks hours later. "How in the hell dare he raise that?" og:url: https://time.com/6693051/joe-biden-memory-robert-hur/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt2db5538387ae99f9/698a485ab21a9c75b150879e/GettyImages-1988737219.jpg?branch=production&width=1024&quality=75&auto=webp&crop=16:9 og:image:width: 1024 og:image:height: 576 og:image:alt: US-POLITICS-BIDEN og:type: article twitter:card: summary_large_image twitter:title: Biden Calls Foul on Allegations of Biden Memory Lapses twitter:description: A special counsel report makes alarming allegations about Biden's memory. Biden pushed back in fiery remarks hours later. "How in the hell dare he raise that?" twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt2db5538387ae99f9/698a485ab21a9c75b150879e/GettyImages-1988737219.jpg?branch=production&width=1024&quality=75&auto=webp&crop=16:9 ---  # Biden Forcefully Pushes Back on Report Alleging Alarming Memory Problems > Sponsored content. 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Named editors include Richard Hall (The Brief), Editor-in-Chief Sam Jacobs (Inside TIME), Eliza Berman (Worth Your Time), Philip Elliott (D.C. Brief), Justin Worland (Future Proof) and Harry Booth (In the Loop). Health Matters is written by TIME's health desk. #### How do I sign up for a TIME newsletter? Go to time.com/newsletters, choose the newsletters you want and enter your email address. There is no cost and no subscription requirement. ### Sources * TIME Newsletters: [time.com/newsletters](/c/time-nl-network-2026q3/newsletters?i=ed059a99-8033-4927-b343-898f78ce673f&cr=time-nl-network-2026q3-v1) ## Video: Special Counsel Robert Hur Defends His Findings on Biden Classified Documents Investigation [Watch (HLS stream): Special Counsel Robert Hur Defends His Findings on Biden Classified Documents Investigation](https://cdn.jwplayer.com/manifests/sf4YzuiV.m3u8) (8:14)  _Published 2024-03-12. Robert Hur, who had been appointed to investigate whether President Joe Biden mishandled classified documents, facing questions on Capitol Hill on his report._  by [Brian Bennett](https://time.com/author/brian-bennett/)  ## Brian Bennett Bennett is a former senior White House correspondent at TIME. Updated: Jan 19, 2026 11:49 AM UTCPublished: Feb 8, 2024 11:00 PM UTC  by [Brian Bennett](https://time.com/author/brian-bennett/)  ## Brian Bennett Bennett is a former senior White House correspondent at TIME. Updated: Jan 19, 2026 11:49 AM UTCPublished: Feb 8, 2024 11:00 PM UTC Joe Biden didn’t remember what year his beloved son Beau died. He wasn’t sure which years he served as Vice President. He had “limitations in his recall” during interviews with investigators. Those are all observations that Special Counsel Robert Hur decided to include in his 388-page report released Thursday on why he [wasn’t pursuing charges](https://time.com/6692990/biden-classified-materials-special-counsel/) against Biden over classified documents found in his Penn Biden Center office and his Wilmington home. White House officials immediately thought Hur, a Republican and former Trump appointee, crossed a line, and implied some of those observations might not be true. Hours later, Biden himself took things further, holding a rare evening press conference at the White House to furiously dispute Hur's characterizations of his mental acuity. Biden took particular umbrage with the report's allegation that he had forgotten when Beau had died. "How in the hell dare he raise that," Biden said. "Frankly, when I was asked the question, I thought to myself, wasn't any of their damn business," the President continued, adding that he carries with him every day a rosary that belonged to Beau and his family holds a service for Beau every Memorial Day. "I don't need anyone to remind me when he passed away," Biden said. "For any extraneous commentary, they don't know what they're talking about. It has no place in this report." Fox News reporter Peter Doocy asked Biden to respond to the report's description of him as "a well-meaning, elderly man with a poor memory." "I'm well meaning and I'm an elderly man and I know what I'm doing. I've been President, I put this country back on his feet," Biden said. He then joked to Doocy: "My memory is so bad, I let you speak." "My memory is fine," Biden went on. "Take a look at what I've done since I've become President. None of you thought I could pass any of the things I got passed. How'd that happen? I guess I just forgot what was going on." But a few minutes later, Biden undercut those assurances while he answered a question about a ceasefire in Gaza, saying "Mexico" instead of "Egypt" when talking about Egyptian President Abdel Fattah El-Sisi. Biden's impromptu press conference capped a remarkable few hours at the White House following the report's release. While there was relief in Biden’s circle that a criminal case won’t be pursued, the special counsel’s descriptions played into existing concerns over Biden’s memory. The swiftness of the White House’s push back late Thursday was a reminder of the political stakes as both Biden’s and former President Donald Trump’s campaigns have questioned the other’s mental acuity. The report comes at the end of a week when Biden was criticized for using wrong names for the leaders of France and Germany while giving remarks. An NBC News poll released Tuesday found that 62% of voters have major concerns that Biden doesn’t have the mental and physical health to be President for a second term. Biden’s lawyers were quick to criticize Hur, a Republican, for including subjective descriptions of Biden’s mental acuity in his lengthy and detailed report. "We disagree with a number of inaccurate and inappropriate comments in the Special Counsel’s report. Nonetheless, the most important decision the Special Counsel made—that no charges are warranted—is firmly based on the facts and evidence,” said Special Counsel to the President Richard Sauber. Biden's personal lawyer Bob Bauer added in a separate statement that Hur had violated Justice Department norms by including “extraneous, unfounded and irrelevant critical commentary.” In his report, Hur wrote that during both days of questioning in October Biden forgot which years he was vice president, and that Biden didn't remember, "even within several years," when his son Beau died. The report concluded that a trial would be hard to win and that Biden's legal team "would emphasize these limitations in his recall" to fend off a conviction. Ahead of the report’s release, some people close to Biden were resigned to those damaging details, and the fact that there was little they could do to counteract them. “It is what it is,” says a White House official. Hur served as Trump’s U.S. attorney for Maryland, and resigned from the position when Biden took office, a common practice among U.S. attorneys during a transition in the Oval Office. Last year, Attorney General Merrick Garland appointed Hur as a special counsel to oversee the ongoing investigation into the classified documents found on Biden’s classified documents investigation. Soon after the report’s release, Biden addressed the House Democratic Caucus at an event Thursday evening in Leesburg, Virginia. The President described sitting down for his interview with Hur’s team on October 8 and 9, the two days following Hamas’ deadly massacre in Israel. “I was in the middle of handling an international crisis,” Biden told those gathered in a resort ballroom. Biden didn’t bring up Hur’s description of his memory lapses. Biden said he spoke to investigators for five hours over two days. “The special counsel acknowledged I cooperated completely. I did not throw up any roadblocks. I sought no delays,” Biden said. The special counsel decided “no criminal charges are warranted" and that the evidence didn’t establish Biden’s guilt beyond a reasonable doubt. Hur found evidence that Biden had disclosed some sensitive information to a ghost writer and intentionally held on to some classified material, he wrote. The prosecutor concluded that Biden had left the White House with handwritten notes containing sensitive intelligence information and had shared that information with an author helping him write his 2017 memoir "Promise Me, Dad." In his remarks Thursday evening in Virginia, Biden noted how different his documents investigation was to his predecessor. Trump has been charged with mishandling classified documents and obstructing justice by Special Counsel Jack Smith for taking boxes of classified documents to his Mar-a-Lago Club in Palm Beach, Florida, and his club in Bedminster, New Jersey. When the federal government discovered Trump had taken material home from the White House after leaving office, Trump refused for months to return it. “I was especially pleased to see the senior Special Counsel make clear there’s stark differences between this case and Donald Trump,” Biden said. “Bottom line is the special counsel in my case decided against moving forward on any charges. This matter is now closed.” The questions about Biden’s handling of classified documents may be wrapped up, but those around Biden’s memory are not. ## Transcript Do you swear or affirm under penalty of perjury that the testimony you are about to give is true and correct to the best of your knowledge information and beliefs. So help you God. My team and I conducted a thorough independent investigation. We identified evidence that the president will be retained classified materials after the end of his vice president. See when he was a private citizen. Is evidence included an audio recording conversation during which during which Mr. Biden told his Ghost Rider that he had quote just found all the classified stuff downstairs and quote when mr. Biden said this he was a private citizen speaking to his Ghost Rider in his private rental home in Virginia. We also identified other recording conversations during which mr. Biden read classified information allowed to his Ghost Rider. We did not however identify evidence that Rose the level of proof Beyond A Reasonable Doubt the evidence and the president himself put his memory squarely at issue. We interview the president and ask him about his recorded statement quote. I just found all the classified stuff downstairs and quote. He told us that he didn't remember saying that his Ghost Rider. He also said he didn't remember finding any classified material in his home after his vice presidency, and he didn't remember anything about how classified documents about Afghanistan and made their way into his garage. My assessment in the report about the relevance of the president's memory was necessary and accurate and fair a prosecutor has to assess the evidence and determine whether in his or her judgment likely a the probable outcome will be a conviction a trial so whether or not you meet the elements of the crime, which I think it is clear that he does the second part of this is this and that's where it gets into the sympathetic well-meaning elderly man with a poor memory you could have just said we don't prosecute sitting president, but you did not and you entered this but that doesn't have anything to do with the actual elements of the crime that has to do with getting a conviction and try correct Congressman part and parcel of a prosecutor's judgment as to whether or not a conviction is the probable outcome of trial is assessing how the evidence identified during the investigation lines up with the elements and what proof can be offered to a jury during a trial sure but his well-meaning elderly old man has nothing to do with the underlined element. Well, it is certainly has some presentation to the jury it certainly had something back. Jamaican respond it it certainly has something to do with the way that a jury is going to perceive and receive and consider and conclude make conclusions based on evidence at trial Congressman investigation by directing one of his employees to move boxes of documents to conceal it from Trump's attorney from the FBI and from the grand jury at any point in your investigation. Did you find the President Biden directed staff to scan sealed documents from you or anyone else? We did not respect you would agree that hiding documents is a classic example of obstructing an investigation. It is an example of a thank you Donald Trump staff to delete security footage that the FBI in special counsel could not see how he had tried to move in high documents. Do you agree that attempting to delete video footage in this matter is playing attempted to obstruct the investigation. Congressman. I don't want to characterize the evidence in the case against one of the two leading video footage is plainly an attempt to obstruct. The investigation is the type of evidence the prosecutor is willing to consider in some up Donald Trump is charged with willful retaining classified documents and conspiring to conceal those documents and he's facing additional charges for lying to investigators. Isn't that correct? Those are allegations that are in a pending a more presidential and the reason why President Biden is not facing a single charge because you went easy on him because after reviewing 7 million documents and interviewing nearly 150 Witnesses, including the president himself, you could not prove that he had committed a crime my assessment is that the evidence is presented at trial alongside potential defense arguments would not probably result in a conviction at one of the points you make Aesthetica of a figure with the poor memory but how does that bear on any individuals guilt or innocence? It isn't that again a question for a judge or jury to decide after guilt or innocence has is determined it is a problem. Donald Trump's being prosecuted for exactly the same act that you've documented the Joe Biden committed it certainly Bears on how a jury is going to receive and perceive and a decision of the answer to my earlier question is correct. All I have to do when I'm clocked taking home classified materials to say, I'm sorry, mr. Herbert, but I'm getting old. My memory is not so great a man as the doctrine that you've established in our lost now, and it's frightening. A maintain is certainly not to establish any sort of Doctrine. I had a particular task. I have a particular set of evidence to consider and make a judgment with respect to one particular set of evidence. And that is what I did wrong material distinctions between mr. Trump's case and Mister by his case are clear most notably after being given multiple chances to return classified documents and avoid prosecution. Mr. Trump allegedly did the opposite according to the indictment. He not only refused to return the documents for many months, but he also obstructed Justice by lifting others to destroy evidence and then to lie about it that's on page eleven quote in contrast. Mr. Biden turned in classified documents to the National Archives and the Department of Justice consent it to the search of multiple locations including his homes sat for a voluntary interview, and in other ways cooperated with the investigation. Back the tears recognize mr. Her. Why did you do it? Why didn't Joe Biden your words will flee retain and disclose classified materials. I mean he knew the law in an office like 50 years five decades in the United States Senate chairman of the Senate Foreign Relations Committee eight years as vice president. He got briefed everyday as vice-president. He's been in the Situation Room. In fact, you know, he knew the rules the conclusion as to exactly why the president did what he did is not one that we explicitly address in the report. You also repeatedly contrast Biden's cooperation with the conduct of Donald Trump. You say quote most notably after being given multiple chances to return classified documents and avoid prosecution. Mr. Trump allegedly did the opposite of court in the indictment can only refused to return the documents for many months. But you also obstructed Justice by enlisting others to destroy evidence in a lie about it. Lyrics to change your judgment about the differences between President Biden's cooperation and the former president's non-cooperation report. My friends this is a memory test but it's not a memory test for President Biden. It's a memory test for all of America. Do we remember fascism? Remember Nazism remember communism and totalitarianism have we completely forgotten the sacrifices of our parents and grandparents and prior Generations while we play pin-the-tail-on-the-donkey in this wild-goose Chase all of these silly games Donald Trump entertains authoritarian Hustler Viktor Orban at Mar-A-Lago for the weekend and or Bank comes out to the clear that if we indeed Sleepwalk into another Trump presidency Trump will quote not give a simple pin a single penny to Ukraine. That's what all of this is about. It's about trying to pull the wool over the eyes of America because the tyrants and dictators of the world are on the march today. ```json [{"@context":"https://schema.org","@type":"NewsArticle","@id":"https://time.com/6693051/joe-biden-memory-robert-hur/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/6693051/joe-biden-memory-robert-hur/"},"headline":"Biden Forcefully Pushes Back on Report Alleging Alarming Memory Problems","datePublished":"2024-02-08T23:00:17.000Z","dateModified":"2026-01-19T11:49:12.000Z","description":"Administration officials implied some of the claims about Biden's memory troubles might not be true","url":"https://time.com/6693051/joe-biden-memory-robert-hur/","keywords":["Joe Biden"],"thumbnailUrl":"https://static.time.com/v3/assets/bltea6093859af6183b/blt2db5538387ae99f9/698a485ab21a9c75b150879e/GettyImages-1988737219.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","author":[{"@type":"Person","name":"Brian Bennett","jobTitle":"Bennett is a former senior White House correspondent at TIME.","url":"https://time.com/author/brian-bennett/"}],"articleSection":"Politics","image":[{"@type":"ImageObject","url":"https://static.time.com/v3/assets/bltea6093859af6183b/blt2db5538387ae99f9/698a485ab21a9c75b150879e/GettyImages-1988737219.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","width":1200,"height":675,"headline":"US-POLITICS-BIDEN","caption":"US-POLITICS-BIDEN","creditText":"Jim Watson—AFP via Getty Images","representativeOfPage":true}],"publisher":{"@type":"Organization","name":"Time","url":"https://time.com/","logo":{"@type":"ImageObject","url":"https://time.com/images/logo.png","width":528,"height":156},"foundingDate":"March 3, 1923","sameAs":["https://www.facebook.com/time","https://www.instagram.com/time/?hl=en","https://twitter.com/time","https://www.pinterest.com/timemagazine"]}},{"@context":"https://schema.org","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"item":{"@id":"/section/politics/","name":"Politics"}},{"@type":"ListItem","position":2,"item":{"@id":"/tag/joe-biden/","name":"Joe Biden"}},{"@type":"ListItem","position":3,"item":{"@id":"https://time.com/6693051/joe-biden-memory-robert-hur/","name":"Biden Forcefully Pushes Back on Report Alleging Alarming Memory Problems"}}]},{"@context":"https://schema.org","@type":"VideoObject","name":"Special Counsel Robert Hur Defends His Findings on Biden Classified Documents Investigation","description":"Robert Hur, who had been appointed to investigate whether President Joe Biden mishandled classified documents, facing questions on Capitol Hill on his report.","thumbnailUrl":"https://cdn.jwplayer.com/v2/media/sf4YzuiV/poster.jpg?width=720","uploadDate":"2024-03-12T19:14:26.000Z","contentUrl":"https://cdn.jwplayer.com/manifests/sf4YzuiV.m3u8","embedUrl":"https://time.com/6693051/joe-biden-memory-robert-hur/","duration":"PT8M14S","potentialAction":{"@type":"SeekToAction","target":"https://time.com/6693051/joe-biden-memory-robert-hur/?jw_start={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"}}] ```