Special Counsel testifies about Biden probe

Special Counsel Robert Hur on Tuesday defended his controversial decision to assess the “memory and overall mental state” of President Joe Biden during his investigation into Biden’s retention of classified documents after he was vice president.

“My task was to determine whether the president retained or disclosed national defense information willfully,” Hur told the House Judiciary Committee in testimony about his probe of Biden.

“I could not make that determination without assessing the president’s state of mind,” Hur testified.

The special counsel in his final report on the probe concluded that Biden “willfully retained and disclosed classified materials” which the special counsel wrote presented “serious risks to national security.”

But Hur also said in that report that he decided not to criminally prosecute Biden for his handling of that material, in part because of the president’s allegedly poor memory, among other things.

“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,” Hur testified Tuesday.

Biden and his lawyers have strongly disputed Hur’s characterization of the president’s memory, and have pointed to details in the the special counsel’s report that undercut the claim that he willfully retained classified documents.

“I did not sanitize my explanation. Nor did I disparage the president unfairly,” Hur told lawmakers Tuesday.

Hur told Congress he did not recommend charges against Biden because the evidence did not rise to the level of proof beyond a reasonable doubt.

“Because the evidence fell short of that standard, I declined to recommend criminal charges against Mr. Biden,” Hur said.

Democrats on the panel said that Hur did not have to include information about the president’s memory and alleged he had a political motive.

“You disparaged him in terms you had to know would have a maximal political impact,” Rep. Adam Schiff, D-Calif., said.

Democratic members on Tuesday released the transcripts of Hur’s interviews of Biden.

NBC News reported that Hur in advance of his testimony had resigned as special counsel, as is normal for those prosecutors appointed by the Department of Justice to investigate.

Hur and other special counsels that have been tapped to probe Biden’s son, Hunter Biden, and former President Donald Trump, were appointed by Attorney General Merrick Garland to avoid the appearance of a conflict of interest, given the fact that President Biden is Garland’s boss.

Democrats drew a contrast between Trump and Biden at the hearing Tuesday by highlighting criminal charges against Trump.

Trump is being prosecuted in Florida federal court by special counsel Jack Smith for retaining classified documents at his Palm Beach residence after leaving the White House, and for alleged efforts to hide those records from government officials once they were determined to be missing.

Trump, who is the presumptive Republican presidential nominee, has pleaded not guilty in that case.

“President Biden acted responsibly, cooperated completely,” said Rep. Jerry Nadler of New York, the ranking Democrat on the Judiciary Committee.

“President Trump was fundamentally incapable of taking advantage of even one of the many, many chances he was given to avoid those charges,” Nadler said.

This is developing news. Check back for updates.