The Confession of Joe Biden

Below is my column in The Hill on the release of the tapes from former President Joe Biden’s interview with his biographer. The Biden team fought for years to keep the public from hearing the tapes. We now know why.

Here is the column:

For years, former President Joe Biden has fought to prevent the release of tapes acquired by former special counsel Robert Hur in his investigation. After those efforts collapsed this month, it became clear why Biden and his aides were so determined to keep the public from seeing the evidence.

In addition to showing Biden’s mental diminution even before he was elected president, the tapes show that Biden effectively confessed to the crimes Hur would later excuse on the grounds of his mental infirmity.

Biden’s interviews with his biographer, Mark Zwonitzer, conducted four years before he would be elected president, show that Biden was already having trouble remembering names and dates.

Hur was tasked with determining whether Biden had committed the same crimes that led later to charges against President Trump — retaining classified material, mishandling such material, and related crimes.

It turns out that Biden had already admitted to these alleged crimes, years before the documents were found in various offices and the garage of his home.

wrote for years about Biden’s absurd denials after files were found in offices where he was working on his book. There was also evidence that the material had been divided, distributed, and transported between different locations.

Despite all the evidence of knowledge and use of the classified materials, Biden and his aides suggested that no one had been aware of its removal and repeated transfer. In the meantime, after the raid on Mar-a-Lago to search for classified material removed by Trump, the Justice Department granted Biden and his team every possible accommodation.

Then came the searches of his home, with the pictures of files in his garage, office, and other locations. These included clearly marked classified material.

Hur then issued his report, concluding that there was evidence of the crimes, but that he would still not charge Biden as Special Counsel Jack Smith had done with Trump. The report stated that “President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen.” It further stated that the clearly marked classified material was “stored in unsecure places” and posed a risk of “serious damage to America’s national security.”

For his part, Biden was defiant and, when confronted about the documents, insisted that “They’re mine,” and that other presidents had done what he did. This was the same president who condemned Trump for retaining classified information. Biden mocked Trump’s defense and asked CBS 60 Minutes how “anyone could be that irresponsible.”

We now know that Biden himself was that irresponsible, if not more so. Biden not only kept classified material longer and in even less secure locations, but he did nothing to protect the material as he attacked Trump over Mar-a-Lago.

Nevertheless, Hur declared that he would not bring a single charge because Biden “would likely present himself to a jury, as he did in our interview of him, as a sympathetic, well-meaning elderly man with a poor memory.”

The tapes show Biden struggling to give answers even before he announced his candidacy for the presidency, despite denials from key aides such as Jen Psaki and Karine Jean-Pierre. However, Hur had actual tapes showing that Biden had clear memory and knowledge of his retention of classified material. Combined with Biden’s later public statements, the combination would have been deadly at trial.

In the interview, Biden read “nearly verbatim” from notebooks containing sensitive national security and foreign policy information, according to Hur. On the tapes, Biden is heard saying, “So this was, I early on, um, in ’09 I just found all the classified stuff downstairs.” At another point, he states, “Some of this may be classified, so be careful with it.” He repeatedly mentions that some of the items in his office and home may be classified.

He even brags to his ghostwriter, in a report made on Oct. 10, 2016, that “I have extensive notes over this period of time … They didn’t know I have this.”

Once again, the Justice Department had already declared and defended in court the idea that such removal and retention of classified material did constitute a federal crime by a president, let alone a vice president. Where Trump acknowledged his retention of classified material and agreed to security measures that the FBI requested, Biden did not inform anyone of his classified materials and kept them in his garage long after the Mar-a-Lago raids. Meanwhile, in public, he expressed shock that any president would act as recklessly as Trump.

It is hard to see how any of that would present “a sympathetic, well-meaning elderly man with a poor memory.” It sounds more like a cynical, shrewd politician with poor ethics. It also sounds like it would have been a strong foundation for a prosecution.

For many, the tapes will reinforce the view of a two-tier legal system, long maintained by the Justice Department, whereby key Democratic figures including Hillary Clinton and Joe Biden were given favorable treatment while others were indicted for similar conduct.

What is truly galling for some of us is that Biden knew all of this when he went public to attack Hur for suggesting that he had knowingly retained classified material and showed diminished mental faculties— at one point forgetting when his son Beau died.  Biden savaged Hur at the time for raising this issue, famously demanding, “How the hell dare he raise that?” Even that was a lie, because it was Biden who had raised Beau’s death in the interview.

After the report, Biden was still denying that he had retained classified material, even though he had discussed that classified material with his ghostwriter years earlier and had admitted as much to Hur. But before the public, Biden declared, “I’ve seen headlines since the report was released about my willful retention of documents. This assertion is not only misleading, it’s just plain wrong.”

The record is now largely complete. So is the inescapable conclusion: Biden lacked clarity on most everything but his alleged crimes. His deception and culpability were established in both the Zwonitzer and Hur interviews. Biden gave Hur a virtual confession, and Hur gave him a pass.

Jonathan Turley is a law professor and the New York Times best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

110 thoughts on “The Confession of Joe Biden”

  1. The bottom line is there 2 separate justice systems and 2 separate code of ethics rules.

    Lower level government employees are severely punished for lesser offenses, while the top managers and political appointees are totally lawless.

    Bottom Line: America needs a totally independent Department of Justice. Maybe since the DOJ was originally created to essentially perform a constitutional “judicial review” function (protecting civil rights and protecting constitutional rights), maybe DOJ should become part of the Legislative and/or Judicial Branch’s chain of command.

    DOJ simply is not functional as part of the Executive Branch policing itself. We have nearly 100 years of hard evidence proving it violates rights under Executive Branch chain of command. DOJ was originally created to protect the 13th, 14th and 15th Amendment rights of African-Americans but instead tried to destroy Christian Minister Martin Luther King, Jr for advocating the 13th, 14th and 15th Amendment rights of Americans.

    DOJ is broke and needs a new chain of command!

  2. In alarming news for Republicans heading into the midterm elections, a new poll released on Monday revealed that Donald J. Trump is less popular than explosive diarrhea.

    By a margin of two to one, likely voters said that they would rather suffer two years of the acute gastrointestinal ailment than the remainder of Trump’s term.

    According to polling experts, this marks the first time a president of the United States has been outperformed by a food-borne parasite.

    At the White House, press secretary Karoline Leavitt dismissed the poll, declaring, “Not only is President Trump as popular as explosive diarrhea, to millions of Americans he is synonymous with it.”

    1. You ever notice how Donald Trump and diarrhea have a lot in common? Think about it. They both show up unexpectedly, create chaos wherever they go, and leave everyone asking, “How long is this going to last?”

  3. “Hur was tasked with determining whether Biden had committed the same crimes that led later to charges against President Trump — retaining classified material, mishandling such material, and related crimes.”

    That statement is deceptive. I hope and trust that was not intentional on Professor Turley’s part. The actions of a former Vice President and a former POTUS in regard to classified material cannot be evaluated by the same criteriaat POTUS enjoys many privileges and much latitude in the regard that are never conferred on the VP.

    1. 100%, a President can declassify documents and is privileged to take them securely into his possession. A Vice President shares no such privilege, neither does a Secretary of State.

      Here’s a novel idea, impeach Biden after the fact to the date of the crime and then void the auto pen pardons and put these corruptocrats on trial for their corruption and treason.

      Dreams of wishful thinking!

  4. I handled classified material for more than 30 years. For more than 20 years, I had to complete yearly training on how to do so in compliance with procedures. Excusing the violation of procedures for handling/storing classified material by higher officials is nothing new. OTOH, minor violations of the procedures by worker bees are ruthlessly punished. Except possibly for certain favored individuals.

    Had Ms Clinton been a different person, she’d have been in Leavenworth. And likely broke after fines.

  5. I just hope that Biden has enough fleeting seconds of clarity left to be humiliated, and to realize how awful his memory will be to all reasonable people.
    His lifetime of plagiarizing, grifting, cheating, selling influence and favors to foreigners, horrific parenting/grandparenting and endangering our nation by opening our borders to the scum of the world has finally caught up to him.
    No library for you, Joey. Now, leave those children alone, because they hate you too.
    And the Democrat Party and the MSM scum who defended him as “sharp as a tack” knew he never was all along.
    They just didn’t care because of their psychotic Trump derangement.

  6. Meanwhile, Blanche has finally had to fold on Trump’s massive corruption scam… oh dear. No 1776 fund, no future immunity from IRS. So he had better start keeping the accounts clean as of today…

      1. Because he is corrupt. Does not mean that Biden was not. It is just that you Yanks are so dumb that you elect two corrupted buffoons three times in a row…

  7. AI: ( suppression of evidence )

    Suppression of evidence is a pretrial legal proceeding used to prevent specific evidence from being presented during a trial. In the United States legal system, the term carries two distinct meanings depending on whether the act is lawful (ordered by a judge) or unlawful (committed by a prosecutor or law enforcement).
    1. Lawful Suppression (The Motion to Suppress)
    A defense attorney files a formal Motion to Suppress to ask a judge to exclude evidence that was obtained in violation of the defendant’s constitutional rights. If the judge grants the motion, the evidence becomes inadmissible, meaning the jury will never see or hear it.

    Common constitutional grounds for a motion to suppress include:
    • Fourth Amendment Violations: Unreasonable searches and seizures conducted without a valid warrant or probable cause. Under the exclusionary rule, this illegally obtained material—and any secondary evidence derived from it—is thrown out as “fruit of the poisonous tree”.
    • Fifth Amendment Violations: Coerced confessions, involuntary statements, or self-incriminating statements obtained because police failed to read a suspect their Miranda rights.
    • Sixth Amendment Violations: Statements obtained from a defendant after they explicitly requested an attorney, violating their right to counsel.

    2. Unlawful Suppression (Prosecutorial Misconduct)
    Unlawful suppression occurs when the prosecution intentionally hides, destroys, or fails to disclose evidence that could help the defense.

    • The Brady Rule: Under the landmark U.S. Supreme Court case Brady v. Maryland, prosecutors are legally mandated to turn over all exculpatory evidence (evidence favorable to the defendant that negates guilt or reduces punishment).
    • Consequences: Withholding this data violates the defendant’s constitutional right to due process. If a Brady violation is discovered after a trial, it can result in a overturned conviction, a ordered new trial, or a dismissed case.

    Impact on a Legal Case
    Successfully suppressing a core piece of evidence, like a confession or the physical weapon, severely weakens the prosecution’s case. Because the government carries the burden of proving guilt beyond a reasonable doubt, losing vital evidence often forces prosecutors to offer a heavily reduced plea bargain or dismiss the charges entirely.

    Biden(s)
    Jack Smith (Verizon *)
    Robert Kyoung Hur
    Dr. Anthony Fauci
    James Comey (Burn Bags)
    John Brennan
    Christopher Wray
    The Teflon Granny … etc. etc.

    The Suppression of Evidence [in Trumps Defense(s) in Lawfair attacks] list goes on and on …
    What goes on in Washington D.C., stays in Washington D.C.

    * Verizon Blames ‘Human Error’ For Burying A Jack Smith Subpoena From Congress
    Senate Judiciary Chairman Chuck Grassley (R-IA) and fifteen colleagues sent a letter to Verizon on Thursday demanding the telecom giant explain how a 2023 grand jury subpoena tied to Jack Smith’s “Arctic Frost” investigation vanished from its own paperwork for more than two years – only to resurface after the company chalked the omission up to “human error.”
    By: Tyler Durden ~ Saturday, Aug 01, 2026
    https://www.zerohedge.com/political/verizon-blames-human-error-burying-jack-smith-subpoena-congress

  8. Biden was an obama-totem placed to keep the clintons as marginalized as possible.

    The clintons are scum, but at least they would have prevented the current Detroitization of the nation that the obama dei clown show unleashed.

  9. Wow, there sure are a lot of crybaby finger-pointers who regularly post here. Maybe Turley ought to ban those who post anonymously. It would sure turn down the level of vitriol a notch.

  10. Lest we forget the third member of that utterly corrupt family:

    “Lady Macbeth’s core motivations are an intense ambition for power, a desire to elevate her social status, and a fierce drive to push her husband toward the throne.”

  11. Still dodging the criminally unwarranted indictments re: Trump’s paddling pool, Turley? Grow a pair and condemn him, Pirro, Leavitt and Burgum. Spineless cowardice…

      1. “K” is just another way of spelling Anonymous, you stupid little troll. You have no meaningful response to the spineless cowardice that Turley shows, yes, Turley who claims to be a Democrat but can only spout MAGA delusions and avoids issues that might seem worthy of a professor of law. I pity his students.

        1. Biden was mentally incompetent to stand trial. We have been saying Biden was mentally incompetent for years. You call that MAGA delusion. Yet, Hur confirmed it for us. And now we have the tapes to prove it. To prove that we were, once again, right. And you wrong. That is why you have no credibility.
          How marvelous!

          1. So far as I am concerned, if he was competent enough to serve as as VP and POTUS, he was (and is) competent enough to stand trial for violations that he committed during that time. There is no room for a double standard there. Maybe punishment should take his mental capacity into account, but not investigating and determining guilt. And before anyone makes the claim, I don’t see the effects of his incapacity on his ability to mount an effective defense against charges as being a slam dunk to prevent pursuit of those charges.

        2. ANOTHER MORON ANON REPLY!! K is short for my first name you DF!!! Been here for years. ANON ran out of meds again?

  12. The unpleasant reality: None of those who vehemently denied Joe Biden’s senility will ever be held accountable for it!

    * Mark Zwonitzer’s tapes are from 10/10/16 and 3/11/16.
    * As of 8/24/19 [1] at the latest, FOX News senior political analyst Brit Hume claimed “kind of memory loss associated with senility” [1]. A few hours before the 2nd presidential debate on 9/29/20 he said: “I don’t think there’s any doubt Biden’s senile.” The next day “The Poynter Institute” rated Hume’s claim false. [2]
    * On 10/12/22, CNN aired Jack Tapper’s (“Original Sin: President Biden’s Decline, Its Cover-up, and His Disastrous Choice to Run Again”, Penguin Press, May 2025) talk with then President Joe Biden.
    * Rep Daniel Goldman’s (D-NY) reactions on SC Robert Hur’s report, released on 2/5/24: “What everyone will soon realize is that this is a Republican special counsel who completely went out of his way to editorialize, to include material in his report that is unnecessary and irrelevant to what he was tasked with doing.” Then VP Kamala Harris (D-CA): “The way that the President’s demeanor in that report was characterized could not be more wrong on the facts and clearly politically motivated, gratuitous.” Sen. Richard Blumenthal (D-CT): “I suspect that that comment was a gratuitous and unnecessary remark, perhaps going to the question of intent.”

    How were those who criticized Anthony Fauci and supported the man-made COVID-19 Wuhan lab leak treated in 2020?

    [1] https://x.com/brithume/status/1165388395629207553
    [2] Geriatrics experts say Brit Hume’s claim that Joe Biden is ‘senile’ is wrong – PolitiFact

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