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The special prosecutor who cited Joe Biden’s memory lapses in a bombshell report explaining his decision not to impeach the US president over his handling of classified documents defended his findings during a congressional hearing on Tuesday .
Robert Hur told members of the U.S. House of Representatives Judiciary Committee that he found no evidence of wrongdoing by the president “that rises to the level of proof beyond a reasonable doubt.”
He also addressed controversial parts of the report that questioned Biden’s memory, saying he could not determine whether the president had “willfully” mishandled sensitive material “without assessing the president’s state of mind.”
“For this reason, I had to consider the president’s memory and general mental state, and how a jury would likely perceive his memory and mental state in a criminal trial,” Hur said.
“The evidence and the president himself call his memory into question,” he added. “My assessment in the report of the importance of the president’s memory was necessary, accurate and fair.”
Hur’s testimony comes a month after his 345-page report concluded that Biden had “voluntarily retained and disclosed” classified documents, including those on military policy, after leaving his role as Barack Obama’s vice president. The material was found in Biden’s offices and private residences, including in the garage of his home in Delaware.
Its report described Biden as an “older, well-meaning man with a poor memory,” who “did not remember when he was vice president” or “even several years later” when his son Beau died.
Biden’s political opponents had clung to descriptions of the president’s memoir, while critics argued that comments by Hur — chosen last year by U.S. Attorney General Merrick Garland to oversee the politically sensitive investigation into the party’s handling of classified information by Biden – were free and beyond the scope of his mandate.
The comments also drew a sharp rebuke from the president, who said his memory was “good” in a hastily arranged news conference hours after the report was released.
Tuesday’s hearing often strayed from the details of the report, with committee members using the opportunity to present a partisan defense of Biden or Donald Trump, the likely candidates in the 2024 presidential election.
Republicans tried to focus on Biden’s conduct and age. Polls have shown widespread concern among voters of both U.S. political parties about Biden’s age and mental acuity. Biden is 81, while Trump, his likely opponent in this year’s general election, is 77.
“Joe Biden broke the law, but because he is a forgetful old man who would appear sympathetic to a jury, Mr. Hur chose not to press charges,” said Jim Jordan, the committee’s Republican chairman.
“There is no question that this president believes he is above the law,” said Republican Thomas Tiffany.
Democrats responded with video clips of Trump’s gaffes, including the former president mistakenly calling Viktor Orbán, the Hungarian prime minister, “leader of Turkey” and failing to recall the years he was married to one of his ex-wives, Marla. Maples.
They also accused Hur of making a “political choice” when he focused on Biden’s memory in his report. “You can’t tell me you’re so naive as to think your words wouldn’t create a political firestorm,” said Adam Schiff, a California Democrat.
Democrat Henry Johnson also accused Hur, a registered Republican, of trying to curry favor with Trump, who previously nominated Hur to lead the U.S. attorney’s office in Maryland.
Hur, who left the Justice Department last week, has repeatedly denied the allegations, saying that “politics played no role in my investigation” and that he had no aspirations to seek Trump’s favor.
Republicans on the committee took issue with Hur’s decision not to indict Biden even though Trump faces a federal charge for mishandling classified government material.
Tom McClintock, a Republican on the committee, said Hur created a “glaring double standard.” He would be “toxic to the rule of law” if the case involved ordinary citizens, he said, “but the fact that the only person prosecuted for this crime is the president’s political opponent makes this an unprecedented attack on our democracy.” ”.
Hur’s report highlighted a difference between the two cases: unlike Biden, Trump resisted handing over the material for months and allegedly lied to the authorities.
Democrats on the committee focused on the contrast between Biden and Trump.
Jerrold Nadler, the committee’s top Democrat, told Hur: “The reason President Biden isn’t facing a single indictment is not because you went easy on him, but because after reviewing 7 million documents and interviewing almost 150 witnesses including the president himself, you may not prove that he committed a crime.”