But reasonable jurors who are unwilling to read too much into Mr. Biden's brief aside to Zwonitzer-'I just found all the classified stuff downstairs'-may find a shortage of evidence to establish that Mr. Biden looked through the 'Facts First' folder, which is the only folder known to contain national defense information. These jurors would acquit Mr. Biden of willfully retaining national defense information from the 'Facts First' folder.
The only other retained documents he even considered charging were Biden's diaries, which Biden seems to have kept under the Presidential Records Act's exclusion of diaries from the definition of Presidential Records (though Hur included a picture of Biden taking notes in one of these notebooks during a key meeting in the Situation Room, so that notebook, at least, was a Presidential Record).
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