Special Counsel Robert Hur testified before Congress that President Joe Biden’s “poor memory” was a key factor in his decision not to charge Biden criminally for retaining classified documents after leaving office.
Hur described Biden in his report as “an elderly man with a poor memory.”
“I understood that my explanation about this case had to include rigorous, detailed, and thorough analysis. In other words, I needed to show my work,” Hur said. “I knew that for my decision to be credible, I could not simply announce that I recommended no criminal charges and leave it at that. I needed to explain why.”
The transcripts are now released. President Biden claimed no knowledge of any of the classified documents in his home and open in his garage. That is 40 years of memory lapse in the face of open violations of federal law…
— Jonathan Turley (@JonathanTurley) March 12, 2024
He said his responsibility was to determine if Biden acted “willfully,” meaning knowingly and with intent, but Biden’s memory issues made assessing his state of mind difficult.
Hur interviewed Biden, who did not remember making certain statements or finding classified materials.
“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. For that reason, I had to consider the President’s memory and overall mental state, and how a jury likely would perceive his memory and mental state in a criminal trial,” he said.
Hur maintained his report accurately reflected Biden’s memory problems as relevant evidence a jury would perceive, and that he gave an impartial explanation for his decision not to prosecute to the Attorney General.
“I did not sanitize my explanation. Nor did I disparage the President unfairly,” he said. “I explained to the Attorney General my decision and the reasons for it. That’s what I was required to do.”
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