Special counsel Robert Hur will tell lawmakers on Tuesday that his assessment of President Joe Biden’s memory during his classified documents probe was “accurate and fair,” according to a copy of his prepared testimony for the House Judiciary Committee.
Hur’s testimony will come after transcripts of his interview with Biden were released showing that the president lied about a key detail of the investigation into whether he mishandled classified documents. In February, Hur released a report saying that Biden willfully retained classified documents, but should not be charged because a jury would likely see him as an aging man with a poor memory.
“My assessment in the report about the relevance of the President’s memory was necessary and accurate and fair,” Hur wrote in a copy of his testimony obtained by Fox News. “Most importantly, what I wrote is what I believe the evidence shows, and what I expect jurors would perceive and believe. I did not sanitize my explanation. Nor did I disparage the President unfairly. I explained to the Attorney General my decision and the reasons for it. That’s what I was required to do.”
“I analyzed the evidence as prosecutors routinely do: by assessing its strengths and weaknesses, including by anticipating the ways in which the President’s defense lawyers might poke holes in the government’s case if there were a trial and seek to persuade jurors that the government could not prove his guilt beyond a reasonable doubt,” Hur wrote.
Hur added that it was necessary to evaluate Biden’s memory to determine whether Biden had purposely kept classified documents in his possession after leaving the vice presidency.
“There has been a lot of attention paid to language in the report about the President’s memory, so let me say a few words about that,” he is expected to say. “My task was to determine whether the President retained or disclosed national defense information ‘willfully’—meaning, knowingly and with the intent to do something the law forbids. I could not make that determination without assessing the President’s state of mind.”
One of the key details included in Hur’s report was that Biden did not remember the year his son Beau died. Biden said that he was taken aback by a question about his son, claiming that it was Hur who brought up the death.
“There’s even a reference that I don’t remember when my son died,” Biden said in February. “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.”
The transcripts, obtained by ABC, show that it was Biden who brought up his son. Biden’s confusion came after being asked what he was doing after Trump took office.
“And so I hadn’t, I hadn’t at this point … I hadn’t walked away from the idea that I may run for office again. But if I ran again, I’d be running for president,” he said, according to the transcript. “And, and so what was happening though — what month did Beau die? Oh, God, May 30th-”
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The release of the transcripts came just ahead of Hur’s testimony before the House, where he will be questioned by lawmakers about his investigation into Biden.
Former President Donald Trump, who is facing charges over his handling of classified documents, said on Truth Social Tuesday morning that Biden had more documents in his possession than him and that Biden had no authority to keep the documents because he wasn’t president.
“Big day in Congress for the Biden Documents Hoax. He had many times more documents, including classified documents, than I, or any other president, had. He had them all over the place, with ZERO supervision or security. He does NOT come under the Presidential Records Act, I DO,” Trump said. “He had many docs in CHINATOWN, and they were moved all over the place, and heavily used. My boxes were moved by GSA, were secure, most carried clothing, shoes, sporting equipment, kitchen “stuff,” newspapers, pictures, magazines, awards, etc. The DOJ gave Biden, and virtually every other person and President, a free pass. Me, I’m still fighting!!! MAGA”
