Special Counsel Robert Hur dropped a bombshell report that did charge President Biden, but it went after his memory and abilities to recall information in such a manner that even some Republicans believed he was out of line.
Hur’s vision of Biden
The nearly 400-page report regarding classified documents describes the President as an “elderly man with a poor memory.” It added that the President’s memory “was significantly limited, both during his recorded interviews with the ghostwriter in 2017 and in his interview with our office in 2023.”
Things got personal
Hur reported Biden did not recall when his son Beau Biden had died, adding his memory “appeared hazy.” This triggered the President, who said during the press conference, “How in the hell dare he raise that?” The President continued, “Frankly, when I was asked that question, I thought to myself, ‘Wasn’t any of their damn business.’” He counted, “I don’t need anyone to remind me when he passed away.”
Former AG weighs in
Former Attorney General Eric Holder wrote on X, “Special Counsel Hur report on Biden classified documents issues contains way too many gratuitous remarks and is flatly inconsistent with long-standing DOJ traditions. Had this report been subject to a normal DOJ review, these remarks would undoubtedly have been excised.”
Weissman called it “inappropriate”
Andrew Weissman, the former lead prosecutor in Robert Mueller’s special counsel probe, said, “You either decide to go forward, that there is proof here, or you don’t say anything at all with respect to your opinions about the case,” adding the report was “entirely inappropriate” and “exactly what you’re not supposed to do.”
Trump administration official called it “outrageous”
Mark Lytle, a DOJ public corruption prosecutor who served in the White House Counsel’s Office in the Trump administration, called the report “outrageous.” He told USA Today, “Prosecutors are taught that the Department of Justice should speak through charges, or it shouldn’t speak at all.”
Lytle, a Republican, had more to add
Lytle noted he was not Biden’s fan, but the self-described Republican shared, “Hur is acting like prosecutor, judge, and jury. And the other side of that coin is it gives Trump and other opponents of Biden all this ammo to argue against him.” He also said it was a “Comey moment.” which we heard from other legal experts.”
Comey’s investigation
James Comey, the former FBI director, launched an investigation into Hillary Clinton’s emails 11 days before the 2016 election. During a news conference, he described Clinton as “extremely careless” and added that “no reasonable prosecutor” would bring a case against her. To make matters worse, Comey closed the investigation in June only to reopen it in the fall.
Hur was a Trump appointee
The special counsel did not comment on the report, but many pointed out that he was a Trump appointee. In Biden’s case of classified documents, Hur was appointed by Attorney General Merrick Garland. But Weissmann had an intriguing takeaway, “Making the Hur report on Pres. Biden public is a DOJ choice; notably, it is in tension with the DOJ policy that someone who has NOT been charged should not be held up to opprobrium by the DOJ, absent that person’s consent or otherwise required by law.”
Focusing on Garland
Bill Barr’s former deputy, Rod Rosenstein, also reminded that Hur did not decide to release the report. Hur wrote “a confidential internal memo. Attorney General Garland made the decision to release it,” Rosenstein said.
Former federal prosecutor’s argument
A former federal prosecutor, Gene Rossi, pointed out that some comments were “unnecessary,” especially those “about the president’s age and memory, especially the gratuitously bold assertion about forgetting when his son passed.” Legal veterans are debating whether this and similar reports should be made public if the conclusion is that the person will not be prosecuted.
“Feeding the narrative”
NBC News Chief Political Analyst Chuck Todd said Hurr’s report “feeds a narrative” regarding Biden’s age. Associated Press and Norc Center for Public Affairs reported that around 77% of Americans are worried about Biden’s age. Two-thirds believe there should be an age limit for government officials.
Crossing the line
“Move on. Robert Hur crossed a line. He doesn’t need any more oxygen, ” Joyce Vance, a former federal prosecutor and law professor, shared on X. Scarborough of Morning Joe, a lawyer and former Republican turned Independent argued against “random conclusions, irrelevant conclusions, politically charged” comments and asked, “why Merrick Garland would release garbage like that in a Justice Department report.”
Veteran prosecutor blasted it as ”preposterous”
Gene Rossi, a former federal prosecutor and DOJ official with a long and notable career said that Hur “crossed the line in the sense that he brought up details that probably had nothing to do with whether President Biden violated the law.” He added, “Whether President Biden allegedly did not remember when his son passed away, which I find absolutely preposterous if that happened, has nothing to do with the allegations as to whether he willfully retained documents.”
Presidential historian called it a “disgrace”
Allan Lichtman, a presidential historian and professor, told CNBC, ” I have to say this report from the special counsel was a disgrace. ” He added, “If you’re not charging someone, you don’t attack them with your personal opinions, your views, your innuendo. James Comey was roundly and rightly condemned for doing this back in 2016 … and now we’ve seen the same thing from Mr. Hur, and it is totally inappropriate.”
White House’s next move
White House spokesman Ian Sams said about releasing the full transcript of the Bur-Biden interview, “We’ll take a look at that and make a determination.”
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