Insights from Robert Hur's Testimony on Biden's Handling of Sensitive Information

Former special counsel Robert Hur testified before Congress on Tuesday regarding his investigation into President Joe Biden's handling of classified documents. Despite no charges being brought against the president, Hur's description of Biden as a "well-meaning, elderly man with a poor memory" in his report caused concern among Democrats.

Hur was prepared to defend his investigation by presenting a detailed legal case. However, the House Judiciary Committee members were more focused on the potential political implications of Hur's report, especially with the 2024 presidential election looming ahead.

During the hearing, Republicans focused on questioning Hur about his choice not to prosecute the president, while Democrats expressed concerns about Hur's remarks regarding Biden's memory. There was also a significant emphasis on the differences between Trump's classified documents case and the indictment brought against him last year.

Here are some key points from Tuesday's hearing:

Lawmakers from both parties used Tuesday's oversight hearing as a chance to gain political advantage against Biden and Trump, who are seen as the likely candidates for the 2024 presidential election.

House Judiciary Chairman Jim Jordan began the hearing by sharing a seven-minute press conference where Biden fielded questions about his memory and confused the leaders of Egypt and Mexico after Hur's report was released.

Following Jordan, Rep. Jerry Nadler, the leading Democrat on the Judiciary Committee, presented his own video compilation put together by his aides. The video highlighted instances of Trump misremembering crucial details, including a clip from last year where Trump mistakenly referred to Viktor Orbán, the prime minister of Hungary, as the prime minister of Turkey.

Nadler criticized the man in the video for his inability to avoid criminal responsibility, his unsuitability for office, and his tendency to accuse others of cognitive decline without reflection.

Although Trump's memory was not the focus of Tuesday's hearing, it played a significant role. The hearing delved into the upcoming 2024 campaign and the anticipated rivalry between Biden and Trump, rather than solely focusing on the special counsel's decision not to charge Biden for mishandling classified information.

Department of Justice Special Counsel Robert Hur listens during a House Judiciary Committee hearing, Tuesday March 12, 2024, on Capitol Hill in Washington, DC. (AP Photo/Jacquelyn Martin)

Special Counsel Robert Hur from the Department of Justice was photographed while listening at a House Judiciary Committee hearing on Tuesday, March 12, 2024, at Capitol Hill in Washington, DC. The photo was taken by Jacquelyn Martin for the Associated Press.

Jacquelyn Martin/AP

Hur tries to play it straight

Hur began his statement by defending his report, which stated that there was evidence showing Biden knowingly kept classified materials. However, he clarified that the evidence was not strong enough to prove beyond a reasonable doubt.

He also addressed criticism regarding his decision to mention the state of Biden's memory.

Hur stated that his assessment in the report regarding the relevance of the President's memory was necessary, accurate, and fair. He emphasized that he presented what he believes the evidence indicates, which he expects jurors to perceive and believe. Hur clarified that he did not sugarcoat his explanation nor unfairly criticize the President. He expressed that he disclosed his decision and the rationale behind it as required.

The most recent instance of a special counsel testifying about an investigation into a sitting president was Robert Mueller in 2019, who discussed his findings on the Trump-Russia probe. Hur, who is around 30 years younger than Mueller, delivered a more fluent performance but stayed true to Mueller's approach and principles.

Hur chose to follow Mueller's approach of focusing solely on the information presented in the report. This decision left both parties feeling frustrated. Despite pressure from the GOP, Hur avoided discussing Biden's age beyond what was addressed in the report. Additionally, when asked by Democratic Representative Eric Swalwell to commit to not serving in another Trump administration, Hur chose not to respond. Swalwell jokingly questioned Hur's desire to be associated with Trump again.

Hur found himself under attack from both sides.

Lawmakers from both political parties had various concerns about Hur's report. Some Democrats criticized Hur for his remarks about Biden's memory lapses, describing them as unnecessary and suggesting that he was possibly aiding Trump's reelection campaign by criticizing the Democratic president.

Rep. Hank Johnson, a Georgia Democrat, asked if you are working hard to help President Trump get reelected in hopes of being appointed as a federal judge or to another position in the Department of Justice.

In response, Hur laughed and reassured the congressman that he does not have those aspirations. He emphasized that his work is free from partisan politics.

Rep. Adam Schiff, a Democrat from California who is currently campaigning for a US Senate seat, questioned Hur about the anticipated controversy surrounding his report. Schiff pointed out that Hur was aware of the political implications of his decision and criticized it as the wrong choice.

Hur expressed concern that he was being asked to alter his reasoning and explanation to the attorney general for political purposes. Meanwhile, Republican lawmakers questioned why Biden was not charged despite having classified documents in his possession.

Rep. Tom McClintock, a California Republican, questioned, "All I have to do when I’m caught taking home classified materials is to say, ‘I’m sorry, Mr. Hur, but I’m getting old. My memory is not so great?’ This is the doctrine that you’ve established in our laws now and it’s frightening."

In response, Hur clarified, "Congressman, my intent is certainly not to establish any sort of doctrine. I had a particular task, a specific set of evidence to consider, and make a judgment with respect to that evidence. That is what I did."

Both the Judiciary chair and ranking member have exaggerated the special counsel's conclusions. During their opening statements, the top Republican and Democrat on the House Judiciary Committee made claims that misrepresented some of Hur's findings from the investigation into Joe Biden.

Jordan, a Republican from Ohio, stated that Hur found Biden guilty of illegally keeping classified materials after the Obama administration.

According to Jordan, Hur decided not to press charges against Biden because he believed that Biden's age and forgetfulness would make him appear sympathetic to a jury.

Nadler stated that Hur fully exonerated Biden's conduct, saying, "The Hur report represents the complete and total exoneration of President Biden."

However, it is evident from Hur's extensive 388-page report that he did not completely exonerate the president, contrary to Nadler's claim. The conclusions were not as severe and widespread as Jordan had suggested.

Hur did not explicitly accuse Biden of committing crimes, as Jordan had implied. Instead, Hur discovered evidence that Biden knowingly kept classified materials after his time in the Obama White House. Additionally, Hur found instances where Biden shared classified information with his book author.

Hur and his team discovered numerous pieces of evidence that supported Biden, leading them to determine that Biden's actions were not illegal. As a result, they decided that there was no need for criminal charges.

In his report, Hur highlighted that there were sufficient facts in favor of Biden that could raise doubts in the minds of a jury. He also pointed out that there were plausible explanations for certain documents that they could not disprove.

CNN’s Devan Cole, Hannah Rabinowitz, Holmes Lybrand and Evan Perez contributed to this report.

Editor's P/S:

The political implications of Robert Hur's investigation into President Biden's handling of classified documents were evident during his testimony before Congress. Republicans focused on the potential impact on Biden's re-election chances in 2024, while Democrats expressed concern about Hur's remarks regarding Biden's memory. The hearing highlighted the partisan divide and the use of political tactics to gain an advantage in the upcoming presidential election.

Hur's decision not to prosecute Biden despite finding evidence of wrongdoing raised questions about the fairness and consistency of the justice system. His explanation that Biden's age and forgetfulness would make him appear sympathetic to a jury raised concerns about the potential for preferential treatment for high-ranking officials. The hearing also highlighted the complexities of investigating sensitive matters involving the president, with both parties using the opportunity to advance their political agendas and undermine their opponents. Trump, overshadowing the focus on the special counsel's investigation.