The report can be found here: https://www.justice.gov/storage/report-from-special-counsel-robert-k-hur-february-2024.pdf
Robert Hur, the special counsel who investigated the current president handling of classified documents.
The problem here is that these documents were retained unlawfully while Joe Biden was not president. Vice presidentes can not take classified documents from the White House or wherever they were.
Senators can not take classified documents from the skiff, the secure room where these documents are to be read.
The accidental collection of several classified documents are punished for lower schelons of the administration.
So why the controversy?
There is no controversy. The documents were found in the Wilmington Delaware garage, which has a hinged door and place that has been photographed with its doors open. The document boxes were made of cardboard and were falling apart, as can be seen in the photographs.
Classified documents were also found in other locations. Joe Biden held an office in Warton, where some documents were stashed and a remote office.
The conduct of the FBI agents, stopping the searches and calling the attorneys regarding the findings up to the moment of discovery of a felony is non standard. The role of the FBI is not to call the perpetrators lawyer to say that they found wrongdoing, but to seal the area and protect it from tampering.
In the report, the agents actually allow the perpetrator attorneys to check the area before the FBI scans the area for more evidence of felonies.
Joe Biden also shared the classified documents with a non vetted ghost writer, Mark Zwonitzer. During conversations there were innumerous references to “marked classified”, “classified information”, showing that Joe Biden and Zwonitzer clearly knew what they meant.
Moreover, in an act of obstruction of justice, Mark Zwonitzer, once learning about the special counsel deleted the audio recordings.
Surprisingly, Hur decided to amnesty Zwnitzer too, not bringing charges for tampering with proofs of a felony.
Finally, Hur decides not to indict.
“We have also considered that, at trial, Mr. Eiden would likely present himself
to a jury, as he did during our interview of him, as a sympathetic, well-meaning,
elderly man with a poor memory. Based on our direct interactions with and
observations of him, he is someone for whom many jurors will want to identify
reasonable doubt. It would be difficult to convince a jury that they should convict
him-by then a former president well into his eighties-of a serious felony that
requires a mental state of willfulness.”
It seems that the rules have been updated and you just have to claim that you do not remember and show up frail in order not to be indicted.