Hur to be Raked Over Coals for His Report About Biden’s Classified Documents 

Fer Gregory /
Fer Gregory /

Robert Hur, appointed as special counsel last year to investigate the handling of classified documents related to President Biden, is scheduled to be questioned by lawmakers on Tuesday. He will appear before the House Judiciary Committee, raising concerns among the president’s allies about renewed interest in Biden’s mental sharpness. 

In a 345-page report issued last month, Hur concluded that no criminal charges were warranted against Joe Biden concerning the classified documents found at his residence and an office he used after his vice presidency. Nonetheless, the report portrayed Biden as forgetful during his two-day interview with Hur’s team. Hur emphasized that Biden’s mental acuity could sway any jury, suggesting they might view him as “a sympathetic, well-meaning, elderly man with a poor memory.” 

Since the release of the report, Hur has faced sharp criticism from Biden’s allies, who allege that his report contained unnecessary details, such as Biden forgetting key dates from his vice presidency and the year his son Beau passed away. 

Before the report’s release, President Biden’s legal team reached out to Attorney General Merrick Garland, expressing concerns about certain aspects of the report. Specifically, they pointed out “multiple denigrating statements” regarding the president’s memory, which they believed were inconsistent with longstanding Department of Justice (DOJ) practice and policy. Despite the concerns raised, Garland chose not to modify or censor any part of the report. 

In anticipation of the report’s release, the Biden administration had already engaged with the White House Correspondents’ Association to guide how news organizations should cover the report. The White House is closely monitoring whether Robert Hur will disclose any additional insights from his interview with President Biden. Such revelations could prompt more questions about the president’s mental acuity.  

According to an unnamed source, aides to Biden are prepared to push back against any new portrayals of Biden’s behavior that they perceive as unjust. 

And Democrats are right to worry. GOP committee members plan to question Hur regarding Joe Biden’s alleged memory difficulties and how they influenced the special counsel’s decision not to pursue charges in the investigation. 

 Serving as the special counsel, Hur is expected to explain to lawmakers that the details outlined in his report were essential in clarifying why charges were deemed unnecessary. Sources familiar with the matter suggest that he will also emphasize that it was Joe Biden himself, not his team, who broached the topic of Beau’s death during the interview. 

Despite Hur’s report being favorable to Republicans, they have voiced concerns over a glaring inconsistency stemming from the fact that former President Donald Trump is currently facing felony charges related to his handling of classified material at his Mar-a-Lago resort. Meanwhile, despite evidence in the report indicating that Biden “willfully retained and disclosed classified materials,” Hur chose not to pursue charges.  

In anticipation of potential criticism, Hur underscored “significant differences” between the two cases in his report. Specifically, he noted that Donald Trump was accused of obstructing justice by repeatedly refusing to return classified documents despite numerous opportunities to comply. In contrast, Hur asserts that Joe Biden cooperated by submitting classified materials to the National Archives and the Department of Justice, consenting to searches of various locations, and willingly participating in an interview. 

Committee Republicans issued a subpoena to the Justice Department, seeking records connected to Robert Hur’s investigation. These records include transcripts, audio files, video files, and notes. However, the panel received limited materials from the Justice Department, falling far short of the requested transcripts and audio. The White House is carefully weighing whether to release a redacted transcript of Biden’s interview. 

The fallout from the report continues to rattle the 81-year-old Biden, who insists that he can serve another term while proving in furious speech after furious speech that he cannot.