Audio Leak in Biden’s Classified Documents Case: Was Memory Loss a Legal Shield?

Audio Leak in Biden’s Classified Documents Case: Was Memory Loss a Legal Shield?

Audio recordings related to Special Counsel Robert Hur’s 2023 investigation, which controversially described President Joe Biden as “an elderly man with a poor memory,” were released on Friday by Axios. These clips reveal Biden’s hesitations, long pauses, and struggles to recall dates—offering new insight into the questioning that fueled the Justice Department’s decision not to charge him.

CBS News confirmed that the audio aligns with a written transcript released earlier in 2024 by the White House.

In a four-minute clip, Biden is asked where he stored classified documents after stepping down as Vice President. He responds with an extended silence and a noticeably tired tone. His speech becomes even more halting when describing the timeline of his son Beau Biden’s death.

The Axios-obtained audio shows Biden struggling to recall the year of Beau’s death and when Donald Trump was first elected. Staff members are heard correcting and reminding him of the dates.

While the full five-hour transcript had already been made public, these leaked clips give fresh context by capturing the tone of Biden’s voice, emotional responses, and moments of memory lapse.

Commenting on the leak, Biden spokesperson Kelly Scholley said, “This audio only reiterates previously released information. There’s nothing new here.”

Biden’s tone and delivery were key elements in Hur’s February 2024 report. Hur wrote that Biden appeared “a well-meaning, elderly man with a poor memory.” He noted that such an impression could influence a jury and make it difficult to prove that Biden knowingly and willfully kept classified documents at his home and office—thus making prosecution unlikely.

Reacting to the report, Biden said, “It even says I couldn’t remember when my son died. How can someone say that? Honestly, when I was asked that question, I thought it was none of their business. I know when my son died—I don’t need anyone to remind me.”

Biden’s personal attorney Bob Bauer harshly criticized the report, calling it “incomplete and unprofessional,” and full of “inappropriate and prejudiced commentary.” The White House Counsel’s Office requested revisions to the report and labeled the remarks on Biden’s memory as “provocative.”

The report had sparked concerns about Biden’s age and his bid for a second term, although Democratic leaders publicly backed him and criticized Hur’s portrayal.

Biden’s past decision-making has come under renewed scrutiny due to several recently released books, which reveal internal struggles within his campaign. The books detail the president’s challenges related to age, aides’ efforts to keep him in the race, and even a sudden consideration to replace him with Kamala Harris just weeks after a debate.

Nevertheless, Biden has firmly rejected any allegations questioning his mental fitness. “These accusations have no basis,” he stated.