“Joe Biden was essentially found guilty, but they said he was incompetent and therefore let's not find him guilty.”

Joe Biden was never found guilty of anything. He was never even charged with a crime. There was no trial, no jury, no verdict, and no judicial ruling of any kind. Special Counsel Robert Hur, a Trump-appointed former U.S. Attorney, concluded his investigation in February 2024 by recommending no criminal charges.

Hur's report said the opposite of a guilty finding: "the evidence does not establish Mr. Biden's guilt beyond a reasonable doubt," and that "several defenses are likely to create reasonable doubt." Hur stated he would not have brought charges even if Department of Justice policy permitted indicting a sitting president.

Trump twisted Hur's remark that Biden might appear to a jury as a "sympathetic, well-meaning, elderly man with a poor memory." But Hur never said Biden's age was the only thing standing between him and conviction. He cited innocent explanations and insufficient evidence as the basis for declining prosecution. CNN's fact check of the March 14, 2025 DOJ speech rated the claim flatly false.

"The evidence does not establish Mr. Biden's guilt beyond a reasonable doubt." — Special Counsel Robert Hur, official report, February 2024