Election 2024‘My Memory Is Fine,’ a Defiant Biden Declares After Special Counsel Report

The special counsel opted not to pursue charges against the president but raised questions about his mental acuity, which the White House disputes.

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‘My Memory Is Fine,’ President Biden Says

The president defended his ability to serve when questioned by reporters on his memory and age during a news conference, hours after a special counsel cleared him of criminal charges in the handling of classified documents.

[Reporter] “President Biden, something the special counsel said in his report is that one of the reasons you were not charged is because, in his description, you are a well-meaning, elderly man with a poor memory.” “I’m well meaning, and I’m an elderly man, and I know what the hell I’m doing. I’ve been president, and I put this country back on its feet. I don’t need his recommendation. That’s totally –” [Reporter] “How bad is your memory, and can you continue as president?” “My memory is so bad I let you speak. That’s –” [Reporter] “Do you know if your memory has gotten worse, Mr. President?” “My memory is not – My memory is fine. My memory – 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 did that happen? You know, I guess I just forgot what was going on.”

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The president defended his ability to serve when questioned by reporters on his memory and age during a news conference, hours after a special counsel cleared him of criminal charges in the handling of classified documents.CreditCredit...Pete Marovich for The New York Times
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Michael D. ShearGlenn Thrush and

Reporting from Washington

Biden responded directly to the special counsel’s report.

President Biden angrily hit back against a special counsel’s report on his handling of classified documents on Thursday, denying that he willfully retained papers that he was not entitled to keep and insisting that “my memory is fine” despite questions raised by the prosecutors.

In a hurriedly arranged nighttime televised appearance at the White House, a defiant Mr. Biden offered a feisty defense of his actions and his capacity to run the country, an effort to quell concerns that could hurt his chances for re-election at a time when polls show most voters already think he is too old. The report called him a “well-meaning, elderly man with a poor memory,” a line that clearly got under the president’s skin.

“I’m well meaning, and I’m an elderly man, and I know what the hell I’m doing,” Mr. Biden told a Fox News reporter who asked him about the report after his statement. “My memory is so bad I let you speak.”

Mr. Biden was especially irked that the special counsel indicated that the president could not remember the year his elder son, Beau, died of cancer, a particularly sensitive subject for him. “How in the hell dare he raise that?” Mr. Biden said, sounding emotional.

But even as he sought to dispel suggestions that he might not be up for the job, he confused the presidents of Mexico and Egypt in response to a question about negotiations to release hostages held by Hamas, making exactly the kind of mistake that his staff presumably hoped he would avoid at a time when his mental acuity is being questioned.

“I’m of the view, as you know, that the conduct of the response in Gaza, in the Gaza Strip, has been over the top,” Mr. Biden said. “I think that as you know, initially, the president of Mexico, el-Sisi, did not want to open up the gate to allow humanitarian material to get in.” He evidently was referring to Abdel Fattah el-Sisi, the president of Egypt, not Mexico.

The remarks from the Diplomatic Reception Room at the White House came just hours after the special counsel, Robert K. Hur, cleared him of criminal charges in the handling of classified documents but sharply criticized his conduct and suggested that one reason he could not be prosecuted was because of his memory lapses.

In an unflattering 300-plus-page report, Mr. Hur said Mr. Biden had left the White House after his vice presidency with classified documents about Afghanistan and notebooks with handwritten entries “implicating sensitive intelligence sources and methods” taken from White House briefings. Mr. Hur criticized Mr. Biden for sharing the content of the notebooks with a ghostwriter who helped him on his 2017 memoir, “Promise Me, Dad,even though he knew some of it was classified.

But the evidence “does not establish Mr. Biden’s guilt beyond a reasonable doubt,” said Mr. Hur, a former Trump Justice Department official appointed by Attorney General Merrick B. Garland in January 2023 to lead the inquiry after classified files were found in the garage and living areas of Mr. Biden’s home in Delaware and his former office in Washington.

The president and his team welcomed the decision not to lodge criminal charges, but were clearly worried that the report’s description of Mr. Biden’s mental capacity could be damaging. At 81, Mr. Biden is already the oldest president in American history and would be 86 at the end of a second term.

Former President Donald J. Trump, who is 77 and has inspired questions about his own cognitive health by making confusing statements at public rallies, has been charged with 40 felonies for taking classified documents with him when he left the White House and attempting to hide them from government officials who tried to retrieve them. He complained bitterly on Thursday that Mr. Biden was not charged.

“I did nothing wrong, and I cooperated far more,” Mr. Trump wrote on social media, not mentioning his refusal to turn over documents that had been subpoenaed and other efforts to thwart investigators. “What Biden did is outrageously criminal.”

In recounting his interviews with the president, Mr. Hur portrayed him as unable to remember key dates of his time in President Barack Obama’s White House. “Mr. Biden would likely present himself to a jury, as he did during our interview with him, as a sympathetic, well-meaning, elderly man with a poor memory,” Mr. Hur wrote. It would be difficult to convince a jury that “a former president well into his 80s” was guilty of a felony that “requires a mental state of willfulness,” Mr. Hur added.

Mr. Biden used his nighttime appearance to respond directly to the report. He said Mr. Hur’s conclusion that he “willfully” retained documents was “misleading” and “just plain wrong” and denied that he had shared classified information with his ghostwriter. He said a memo he wrote to Mr. Obama on Afghanistan that he shared should have been considered simply “private.”

He said his retention of documents was not comparable to Mr. Trump’s behavior. “It wasn’t out in like in Mar-a-Lago, in a public place,” he said, referring to Mr. Trump’s Florida estate and private club. And he blamed his staff for any mistakes in handling classified documents, saying, “I take responsibility for not having seen exactly what my staff was doing.”

But more than anything, Mr. Biden bristled at questions about his age. “That is your judgment,” he snapped at one reporter. Asked why he should not step aside for a younger successor, Mr. Biden said that he was the most qualified person in the country to be president and that he should “finish the job that I started.”

Michael Gold
Feb. 8, 2024, 11:14 p.m. ET

Nikki Haley, who has argued for months that the country needs a new generation of leaders, sent a fundraising email tonight pointing to the special counsel report on Biden and his press conference earlier. “Right now, we have a president who can’t remember major life events and confuses Egypt and Mexico, and then we have a former president who confuses me for Nancy Pelosi,” she wrote.

Michael Gold
Feb. 8, 2024, 11:06 p.m. ET

Reporting from Las Vegas

Trump strolls to victory in Nevada’s Republican caucuses.

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Former President Donald J. Trump made a speech at a watch party in a Las Vegas casino on Thursday night, just a few hours after handily winning Nevada’s Republican caucuses.Credit...Doug Mills/The New York Times

Former President Donald J. Trump glided to victory in Nevada’s Republican caucuses on Thursday, an outcome all but guaranteed because he was the only major candidate on the ballot.

The Associated Press declared Mr. Trump the winner shortly after caucus sites closed in Nevada, giving him his fourth straight triumph in a Republican nominating contest that awards delegates this year.

Even in a campaign in which Mr. Trump’s dominance has sapped the race of much of its drama, his win in Nevada felt particularly preordained. His last significant G.O.P. rival, Nikki Haley, opted months ago to skip the caucuses, which were run by the Nevada Republican Party, and participated instead in a primary election on Tuesday required by state law.

Embarrassingly for Ms. Haley, she was heavily outvoted in that election by a “None of These Candidates” option on the ballot. She was essentially unopposed, but even without Mr. Trump on the ballot, Republican voters rejected her.

Ms. Haley still won the contest, but its results were effectively immaterial. The state’s Republican Party, which is led by a close Trump ally, decided that it would allocate its presidential delegates based only on the caucuses, and it forced candidates to choose to participate in one contest or the other.

The symbolic success by Mr. Trump on Tuesday was part of a strategy pushed by his supporters in Nevada, including its Republican governor, and offered further indication of the former president’s hold among Republicans in the state.

Competitive or not, Mr. Trump’s victory in the caucuses on Thursday remains a crucial prize that allows him to rack up delegates and claim additional momentum as attention shifts to South Carolina’s primary, his next battle with Ms. Haley, on Feb. 24.

It also capped off a remarkable day on the trail that began with the Supreme Court signaling it would most likely rule in Mr. Trump’s favor regarding a challenge to keep him off the ballot in Colorado.

Later, his campaign seized on a special counsel’s report that raised pointed questions about President Biden’s mental acuity, something Mr. Trump and his advisers have been doing for months. And the former president also won the U.S. Virgin Islands caucuses on Thursday, trouncing Ms. Haley and capturing 73 percent of the vote.

Mr. Trump and his allies have repeatedly urged Ms. Haley to drop out of the race, citing his rising delegate tally and his runaway lead in the polls as evidence that she has no mathematical path to the nomination.

The Trump campaign has argued that Ms. Haley’s insistence on continuing her campaign is draining time and resources that Republicans could better deploy against President Biden, who faces only nominal opposition in the Democratic primary.

On Thursday afternoon, Mr. Trump said at a news conference at Mar-a-Lago, his residence in Florida, that he did not understand why Ms. Haley was still in the race, adding that he believed her candidacy “hurts the party and, in a way, hurts the country.”

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Mr. Trump’s campaign events in Nevada made clear that his focus was largely on the general election.Credit...Max Whittaker for The New York Times

Mr. Trump’s campaign events in Nevada, while few, made clear that his focus was largely on November, when the state is expected to be a competitive battleground.

He used his speeches to try to drum up grass-roots support and test his messaging, particularly as he tries to chip away at Democrats’ traditional base in the state, particularly its union work force and large share of Hispanic voters.

In January, he railed against Mr. Biden’s handling of the influx of migrants at the border, arguing without providing specifics that the issue had disproportionately hurt Hispanic Americans. And he repeatedly insisted that Black and Hispanic Americans had fared better economically under his administration.

Mr. Trump will most likely need to make gains among those groups, or at least dissuade them from backing Democrats, if he hopes to reverse his losses in the state in 2016 and 2020.

Still, he enjoys broad support among Nevada Republicans, handily winning the state’s caucuses in 2016 and consolidating his strength there since then.

Voters at William E. Orr Middle School in southeast Las Vegas said they were eager to usher Mr. Trump back into the White House and turn the page on Mr. Biden, especially after the special counsel’s report.

“I feel bad for Biden,” said Susan Sevilleja, 53. “I just really don’t think he knows what’s going on.”

The chairman of Nevada’s Republican Party, Michael J. McDonald, is an ardent ally who was one of six state Republicans indicted in the fake elector scheme meant to overturn Mr. Biden’s 2020 election victory.

Mr. McDonald also repeatedly pushed false claims of voter fraud that remain at the heart of Mr. Trump’s lie that the 2020 election was stolen from him.

Mr. McDonald’s close ties to Mr. Trump and his stewardship of the party’s caucuses contributed in part to accusations by Ms. Haley’s campaign and others that the contest was set up in favor of Mr. Trump.

Last year, the party agreed on new rules for its caucuses that disadvantaged another Trump rival, Gov. Ron DeSantis of Florida, by effectively preventing the super PAC that backed him from participating directly on Caucus Day.

The change came months after Mr. McDonald and a group of state party officials were invited to Mar-a-Lago, where they were treated to an hourslong meal that concluded with ice cream sundaes.

Kellen Browning contributed reporting.

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Katie Rogers
Feb. 8, 2024, 10:36 p.m. ET

Katie Rogers covers the Biden administration and the Biden family and reported from Washington.

Biden lashes out at the special counsel for raising his son Beau’s death.

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Biden Angrily Defends His Memory of His Son Beau’s Death

“How in the hell dare he raise that?” said Biden, showing anger that the special counsel had noted that he could not remember exactly when his son Beau died.

I know there’s some attention paid to some language in the report about my recollection of events. There’s even reference that I don’t remember when my son died. How in the hell dare he raise that? Frankly, when I was asked the question, I thought to myself, it wasn’t any of their damn business. Let me tell you something. Some of you have commented – I wear, since the day he died, every single day, The rosary he got from Our Lady of – Every Memorial Day, we hold a service remembering him attended by friends and family and the people who loved him. I don’t need anyone, I don’t need anyone to remind me when he passed away.

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“How in the hell dare he raise that?” said Biden, showing anger that the special counsel had noted that he could not remember exactly when his son Beau died.CreditCredit...Pete Marovich for The New York Times

Out of every detail listed in the 383-page special counsel report, it was the suggestion that President Biden had trouble remembering when his elder son, Beau, died that seemed to anger the president the most.

During a news conference just hours after the report was released, Mr. Biden appeared to struggle to keep his composure when recalling a line, on page 212 of the report, that suggested that “he did not remember, even within several years,” when his son died.

“I know there’s some attention paid to some language in the report about my recollection of events,” Mr. Biden said, his chin quivering either from anger or sadness. “There’s even a reference that I don’t remember when my son died. How in the hell dare he raise that?”

He said he had worn his son’s rosary “since the day he died.”

Beau Biden, who died of brain cancer in 2015, appears 16 times in the pages of the report prepared by Robert K. Hur, the special counsel appointed to investigate Mr. Biden’s handling of classified documents.

Investigators describe combing through boxes filled with mementos sent to the Bidens after Beau’s death. Mr. Biden had kept photos of his son on the campaign trail in a folder marked “Beau Iowa,” and had kept 28 boxes that “contained letters expressing condolences related to the death of Beau Biden,” according to the report.

Mr. Biden had also kept a folder with clippings labeled “Notable Stories on the Life of Beau Biden,” and an envelope labeled “Layout of Beau’s House,” which was described by an assistant to Mr. Biden as particularly important to him.

Investigators also focused on the notebooks Mr. Biden kept as vice president and found that some contained diarylike entries on “purely personal subjects, such as the illness and death of his son.”

In one case, Mr. Biden’s ruminations were just one page away from notes he took during a sensitive meeting held in the White House Situation Room in 2015. Investigators described Mr. Biden as toggling back and forth between emotional and professional topics in conversations with a ghostwriter, Mark Zwonitzer, as he worked on a memoir.

Mr. Biden has blended that gutting personal loss with his political career ever since.

He still sometimes mentions his son in the present tense in private discussions, according to people who have spoken with him. Last weekend, Mr. Biden and Jill Biden, the first lady, visited Beau’s grave in Delaware before the president visited the Biden campaign headquarters.

On Thursday, Mr. Biden sparred with reporters who questioned his memory, even as he made the sort of mistakes in recollection that he and his advisers were hoping to avoid.

Still, a president who has infused his son’s memory into his presidency wanted to make one thing clear, to both the special counsel’s office and to his critics.

“I don’t need anyone to remind me when he passed away,” Mr. Biden said.

Maggie Haberman
Feb. 8, 2024, 8:29 p.m. ET

Getting lost in the bulk of that press conference are Biden’s remarks critical of Israel’s military response in Gaza.

Maggie Haberman
Feb. 8, 2024, 8:28 p.m. ET

There were parts of Biden in that event that a lot of his advisers say the press misses — and they like when he is combative with reporters. But yelling at reporters that their questions based on polling data is “their judgment” is a bit of a tick away from that.

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Charlie Savage
Feb. 8, 2024, 8:24 p.m. ET

This is the quote in which President Biden mistakenly referred to Egypt as Mexico in discussing its president, Abdel Fattah el-Sisi: “I’m of the view, as you know, that the conduct of the response in Gaza, in the Gaza Strip, has been, um, over the top. I think that, uh, as you know, initially the president of Mexico, El-Sisi, did not want to open up the gate to allow humanitarian material to get in. I talked to him. I convinced him to open the gate. I talked to Bibi to open the gate on the Israeli side. I’ve been pushing really hard, really hard, to get humanitarian assistance into Gaza. There are a lot of innocent people who are starving. There are a lot of innocent people who are in trouble and dying. And it’s got to stop.”

Maggie Haberman
Feb. 8, 2024, 8:21 p.m. ET

It’s hard to see how this helped Biden’s political case. Several Democratic operatives have sent panicked texts about how that press conference went.

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Credit...Pete Marovich for The New York Times
Michael Gold
Feb. 8, 2024, 8:20 p.m. ET

Trump campaign advisers, who have for months seized on Biden’s gaffes as they have tried to portray him as unfit to be president, are already seizing on his mistakenly referring to Egypt’s president as the head of Mexico.

Glenn Thrush
Feb. 8, 2024, 8:20 p.m. ET

Biden’s dilemma: He got wrong Abdel Fattah el-Sisi’s country but he also offered a cogent, even-handed analysis of the situation in Gaza.

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Peter Baker
Feb. 8, 2024, 8:16 p.m. ET

There will be much second guessing about whether Biden should have spoken and whether he handled it well. He was feisty and showed a certain anger over questions about his capacity. He exhibited emotion in discussing the death of his son Beau. He denied some of the assertions in the report and tried to reset the narrative in the way he wanted to. Whether it worked, that’s not as clear.

Erica L. Green
Feb. 8, 2024, 8:11 p.m. ET

President Biden ends his remarks with the phrase that he hopes will resonate most: I did not break the law. Period.

Peter Baker
Feb. 8, 2024, 8:11 p.m. ET

Biden just mixed up the presidents of Mexico and Egypt, making exactly the kind of mistake that his staff would have wanted him to avoid at a time when his mental acuity is being questioned.

Glenn Thrush
Feb. 8, 2024, 8:09 p.m. ET

Biden denies that he willfully retained classified materials. The second line of the special counsel’s report contradicts that: “Our investigation uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen.”

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Chris Cameron
Feb. 8, 2024, 8:09 p.m. ET

Biden appeared ready to end the news conference after less than 10 minutes, but then walked back to the podium to respond to a question on the war in Gaza.

Glenn Thrush
Feb. 8, 2024, 8:08 p.m. ET

Biden says his retention of the documents was not comparable to Trump’s behavior. “It wasn’t out there like in Mar-a-Lago, in a public place.”

Charlie Savage
Feb. 8, 2024, 8:07 p.m. ET

Asked why he needs to be the Democratic nominee, President Biden says he is the most qualified person in this country to be president of the United States and to “finish the job that I started.”

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Credit...Pete Marovich for The New York Times
Erica L. Green
Feb. 8, 2024, 8:07 p.m. ET

Biden is now denying that he shared classified information with his ghostwriter, a critical allegation in the report. He said that a memo on Afghanistan that he wrote to President Obama that he shared should have been “private.”

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Peter Baker
Feb. 8, 2024, 8:07 p.m. ET

Biden has gone a long way in politics with an avuncular Uncle Joe persona, but he has a sharp temper as well and he’s displaying it here in response to questions about his age and capacity.

Chris Cameron
Feb. 8, 2024, 8:05 p.m. ET

Biden is attacking reporters for conveying voters’ concerns about his age and mental acuity. “That is your judgment.”

Reid J. Epstein
Feb. 8, 2024, 8:04 p.m. ET

“My memory is fine,” Biden says, in response to a reporter's question.

Katie Rogers
Feb. 8, 2024, 8:04 p.m. ET

“I’m well meaning, and I’m an elderly man, and I know what the hell I’m doing,” Biden responds to a Fox News reporter. “My memory is so bad I let you speak.”

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Charlie Savage
Feb. 8, 2024, 8:04 p.m. ET

Biden calls Hur’s claims about his memory extraneous commentary and says that the special counsel didn’t know what he was talking about.

Chris Cameron
Feb. 8, 2024, 8:03 p.m. ET

Biden appears particularly upset by the claim in the report that he could not recall when his son died: “How in the hell dare he raise that?”

Reid J. Epstein
Feb. 8, 2024, 8:02 p.m. ET

The president, who often airs his grievances about news coverage, did so again about “some attention paid in the report about my recollection of events.”

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Christine Zhang
Feb. 8, 2024, 7:24 p.m. ET

Will turnout in tonight’s delegate-awarding caucus fall short of Nevada’s primary?

Tonight’s party-run caucus will be the only vote that matters when it comes to awarding Nevada’s delegates in the Republican presidential race. But the state-run presidential primary on Tuesday may be a high-water mark in terms of voter participation in Nevada for a Republican presidential nominating contest.

Turnout in Nevada’s 2024 primaries

About 200,000 votes have been recorded in Nevada’s primaries, with more mail ballots yet to be counted.

Notes: Data is as of 11 a.m. Eastern. In-person votes include votes cast on Election Day and at early voting centers.

Sources: The Associated Press; Nevada secretary of state

By Christine Zhang

More than 74,000 ballots have been counted so far in Nevada’s Republican presidential primary, even though no delegates were at stake. That’s low by many measures — just 13 percent of registered Republicans in the state. But, with some mail ballots still to be counted, it is likely to surpass the number of voters in the state’s highest-turnout G.O.P. caucus — 75,000 votes in 2016.

Direct comparisons between caucuses and primaries are not apples-to-apples. In-person caucuses, like those being held tonight, often draw fewer voters than primaries because they take longer and require voters to be present at a specific time. Before legislators voted in 2021 to require primaries, both parties held presidential caucuses in Nevada.

Turnout in Nevada’s 2022 midterm primaries might be a better gauge of just how low primary turnout was on Tuesday. More than 228,000 Republicans turned out to vote in the G.O.P. Senate primary that year, more than double the number who voted in the presidential primary.

On the Democratic side, at about 125,000 ballots counted so far, the Democratic presidential primary turnout has already surpassed the party’s caucus turnout record from 2008 (about 118,000). A relatively uncompetitive primary featuring incumbents for statewide offices still drew more than 175,000 voters in 2022.

Another factor in the participation levels for Tuesday’s primary: Nevada moved to an automatic mail ballot system in 2022. The state sent mail ballots to all registered voters, making it easier for Democrats to cast their vote for President Biden, Republicans to cast their ballot for Nikki Haley or people of both parties to register their protest with a vote for “None of These Candidates.” Mail votes have accounted for more than three-quarters of total turnout so far.

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Anjali Huynh
Feb. 8, 2024, 5:06 p.m. ET

Republicans criticize the decision not to prosecute Biden.

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The special counsel investigating President Biden, Robert Hur, cited Mr. Biden’s cooperation as one of the reasons he did not face charges.Credit...Pete Marovich for The New York Times

As President Biden laid out the stakes of the 2024 election after a meeting with House Democrats on Thursday, his would-be Republican opponents seized on a special counsel report that absolved him of charges for mishandling classified documents but described him as a “sympathetic, well-meaning elderly man with a poor memory” who had willfully retained and disclosed sensitive information.

The special counsel, Robert K. Hur, opted not to pursue charges in part because he said it would be difficult to convince a jury after Mr. Biden left office that “a former president well into his 80s” was guilty of a felony that “requires a mental state of willfulness.”

Former President Donald J. Trump, the front-runner for the Republican nomination who faces charges in a separate case involving the mishandling of classified documents, said the decision represented “a two-tiered system of justice and unconstitutional selective prosecution.”

And Nikki Haley, Mr. Trump’s remaining Republican primary challenger, said on social media that the findings represented a “double standard” — and used the report to attack both her primary opponent and Mr. Biden.

“If Biden’s defense is old age and forgetfulness, Trump can easily make the same claim,” she wrote. “Trump should quickly hire Biden’s lawyers.”

Later, she renewed her call for Mr. Biden to take a mental competency test, something she supports for all politicians over the age of 75 — her primary rival, Mr. Trump, is 77.

Most Democrats have been notably silent about the report, choosing not to weigh in as their Republican counterparts piled on.

Representative Dan Goldman of New York, a Democrat, dismissed the idea that charges against Mr. Biden were not pursued because of his age. He told CNN that the special counsel’s description of Mr. Biden having a “poor memory” was “delivered by a Republican trying to make a political statement.”

Mr. Goldman said that when he spoke with Mr. Biden on Oct. 7, after Hamas attacked Israel, the president “was sharper than anyone I’ve spoken to about a very complex geopolitical, urgent issue.” A former prosecutor, Mr. Goldman added that the comments were “completely extraneous to the report.”

Richard Sauber, a lawyer for President Biden, said in a statement that the president’s team disagreed with “a number of inaccurate and inappropriate comments in the special counsel’s report.” But, he added, “the most important decision the special counsel made — that no charges are warranted — is firmly based on the facts and evidence.”

Republicans in the halls of Congress also used the report to question Mr. Biden’s mental capacity to serve as president. The top four House Republicans, led by Speaker Mike Johnson, said in a statement: “A man too incapable of being held accountable for mishandling classified information is certainly unfit for the Oval Office.”

Senator Marco Rubio, Republican of Florida, wrote on X that the special counsel had “decided not to bring charges against Biden because they believe he has age related dementia.”

Another prominent Republican Senator, Lindsey Graham of South Carolina, said that while he considered Mr. Biden “a friend,” the assessment of his condition “is something the American people will have to consider this fall.”

The “description offered by Special Counsel Hur regarding President Biden’s condition will be seen, around the world, as unnerving,” Mr. Graham wrote on X.

The super PAC supporting Mr. Trump, MAGA Inc., quoted excerpts directly from the special counsel’s report in an email blast, saying that it “makes it clear that Joe Biden is not well.”

Other Republicans followed the group’s example, pouncing on a document widely seen as a gift to the Trump campaign. The Republican National Committee shared an image on X of a mock Biden campaign sign that included the special counsel’s description of him.

Kari Lake, a Trump ally running for the U.S. Senate in Arizona, joined the barrage of criticism. “Are we supposed to be sympathetic to the fact the man who possesses the nuclear codes is too old to know right from wrong?” she asked in a social media post.

In the classified documents case Mr. Trump is embroiled in, investigators found that he obstructed attempts from the government to recover those documents. Mr. Hur cited Mr. Biden’s cooperation with investigators as one of the factors in his decision not to bring charges.

Nonetheless, Mr. Trump insisted that “the Biden documents case is 100 times different and more severe than mine.”

“I did nothing wrong,” he said. Later on Thursday afternoon, Mr. Trump told Fox News that Mr. Biden “had to have a poor memory in order to get out of this mess.”

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Chris Cameron
Feb. 8, 2024, 3:33 p.m. ET

Republicans in the U.S. Virgin Islands will vote today. It could get messy.

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Credit...Haiyun Jiang for The New York Times

The Virgin Islands, the U.S. territory in the Caribbean that spurned Donald J. Trump in the Republican caucuses during his first run for president in 2016, will hold its caucuses on Thursday, where local Republicans are likely to award a reduced slate of delegates because of a violation of national party rules.

U.S. citizens residing in territories cannot vote in the presidential election, so this will be the only opportunity for Republicans on the isles to influence the outcome of the election.

Former Gov. Nikki Haley of South Carolina has campaigned virtually in the territory, meeting with Republicans in a video call shortly after her loss in the New Hampshire primary, and campaign ads supporting Ms. Haley have appeared in local media. Gov. Ron DeSantis of Florida also made virtual appearances for the U.S. territory before he dropped out of the race.

Voters in the Virgin Islands overwhelmingly rejected Mr. Trump, as well as his rivals, in the 2016 caucuses when the hundreds of Republicans who voted elected to leave their six delegates uncommitted heading into the convention — essentially choosing “none of these candidates” in much the same way Nevada Republicans did on Tuesday in their primary.

But local infighting and tensions with the national party set off a struggle over the outcome, and the result was disputed for months. The territory’s Republican Party chairman disqualified the six delegates chosen by voters, but the Republican National Committee later overturned that decision. Doyle Webb, the R.N.C. chairman at the time, said top local party officials had engaged in “unprofessional infighting.”

The unbound Republican delegates for the Virgin Islands were courted by rival campaigns, but ultimately backed Mr. Trump at the convention.

But there is potential for similar disputes in this year’s caucuses. The national party punished Virgin Island Republicans because they adopted a ranked-choice voting system in violation of party rules, cutting the territory’s delegate count to four from nine. The local party appears to be ignoring that decision, insisting they will award nine delegates. Six candidates are on the ballot, but Ms. Haley and Mr. Trump are the only ones still in the race.

Local party officials had tried to oust their leadership over the rules violations, but the national party overruled that action, saying that the effort to remove the party chairman had also violated party rules.

Caucus sites will close by 5 p.m. Eastern time.

Cecilia Kang
Feb. 8, 2024, 2:44 p.m. ET

Reporting from Washington

A unanimous decision by the F.C.C. bans A.I.-generated robocalls.

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The F.C.C. chairwoman, Jessica Rosenworcel. The unanimous decision by the agency cited a three-decade-old law aimed at curbing junk phone calls.Credit...Pool photo by Oliver Contreras

The Federal Communications Commission on Thursday outlawed unwanted robocalls generated by artificial intelligence, amid growing concerns over election disinformation and consumer fraud facilitated by the technology.

The unanimous decision by the F.C.C. cited a three-decade-old law aimed at curbing junk phone calls, clarifying that A.I.-generated spam calls are also illegal. By doing so, the agency said it expanded the ability of states to prosecute creators of unsolicited spam robocalls.

“It seems like something from the far-off future, but it is already here,” the F.C.C. chairwoman, Jessica Rosenworcel, said in a statement. “Bad actors are using A.I.-generated voices in unsolicited robocalls to extort vulnerable family members, imitate celebrities and misinform voters.”

Concerns about the use of A.I. to replicate the voices of and images of politicians and celebrities has grown in recent months as the technology to recreate personas has taken off — particularly ahead of the U.S. presidential election in November.

Those concerns came to a head late last month, when thousands of voters received an unsolicited robocall from a faked voice of President Biden, instructing voters to abstain from voting in the first primary of the election season. The state attorney general office announced this week that it had opened a criminal investigation into a Texas-based company it believes is behind the robocall. The caller ID was falsified to make it seem as if the calls were coming from the former New Hampshire chairwoman of the Democratic Party.

A.I. has also been used to create deep-fake videos and ads mimicking the voices and images of celebrities and politicians. That includes fake and unapproved videos of the actor Tom Hanks promoting dental plans and one with sexually explicit content of the singer Taylor Swift.

Lawmakers have called for legislation to ban A.I. deep fakes in political ads but no bills have gained traction in Congress. In the vacuum of federal legislation, more than a dozen states have passed laws curbing A.I. use in political ads.

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