trump ballot and abide in special counsel -- and she's gone. never mind. let's talk to a reporter now we have without, erin doherty -- with us, erin doherty, a reporter for axios. come to the program. guest: thank you for having me. host: let's talk about the special counsel and the documents case. what were -- what did he put out as saying that prosecution was not warranted against president biden? guest: right, so special counsel robert hurt did not pursue charges against president biden. the report concluded that his office felt the evidence does not establish mr. biden's guilt beyond a reasonable doubt.

he wrote in the report he believes a jury would find reasonable doubt at trial. and in part he wrote that biden would come across not only as sympathetic, but a common 3 -- theme throughout the report also had on president biden's memory, and he wrote that president biden, you know, was not capable of the willfulness required to forget -- to convict. he concluded there was no legal basis to pursue these charges. host: remind us of his background and how he came to be appointed special counsel. guest: robert h.e.r. is a former -- robert hurt is a special attorney appointed by former president trump. he was appointed by attorney general merrick garland in 2020 three to investigate biden's documents. he conducted an investigation over a course of a year, interviewing president biden himself, and dozens of other witnesses.

to conduct this -- to produce this sprawling report into president biden's handling of classified documents. host: in what kind of classified information to the president have with him? guest: the report found that the bulk of the documents found fall into two categories. two types of classified materials. the first were documents relating to military and foreign policy in afghanistan, when former president was vice president with former president barack obama. in the second type of classified documents that were kind of found in the report were no books that president biden used throughout his presidency, which included a combination of personal notes he had taken, meeting notes, and other writings. host: and how confidential -- i mean, how sensitive were these

documents to national security? guest: yeah, so, robert hur wrote in the report that he thought that -- he did not pursue charges against president biden, but he did write that the documents in president biden's office in private home did pose a risk to national security, but, again, he did not -- the biggest difference between, you know, this case and former president trump's case, who has faced terminal charges over his handling of classified documents, is that former president trump obstructed the government's efforts to get the documents back. host: and that was mentioned in the special counsel's report. why was it mentioned, and what did he say in the report about it? guest: robert hur made very clear in -- on numerous different pages in the report

that there were differences between former president trump's handling of classified documents and president biden's. the biggest difference was coming you know, president biden's cooperation with the investigation and the biden white house has repeatedly sat and tried to draw stark contrast with former president trump's handling of documents. president trump, immediately after finding the documents, notified the archives of their existence, so he has been cooperative throughout the process. so robert hur clearly emphasized that during his report, and president biden himself pointed that out yesterday during remarks. he said he was glad robert hur noted the differences between president biden's handling and former president trump's. host: the report included characterizations of his memory. what details did it include about that? guest: the conclusions of the

report were a legal victory for president biden. there were no charges recommended. the fallout of the report has seemed that, the political fallout is larger. so, robert hur repeatedly made references and notes about president biden's memory, and pointed to specific details that president biden seemed to forget or seem shaky on during his interviews with investigators. one particular line that robert hur included was that president biden seemed to forget the day that his son died, and we thought president biden spoke on thursday night in an unplanned speech to the american public, and he shot back at many of the characterizations of his memory in -- that were outlined in the report, and specifically against that beau biden line, saying it was egregious that that was

included, and how dare he bring that up. host: