Special Counsel Robert Hur defends Biden memory comments; other takeaways from Hur's hearing

WASHINGTON – Special Counsel Robert Hur went before the House Judiciary Committee Tuesday morning to discuss his report on President Joe Biden's handling of classified documents – and his explosive commentary on Biden's memory and demeanor.

In the report released early last month, Hur did not recommend the Justice Department charge Biden with any crimes for the classified documents found in his former Washington, D.C. office and Delaware home, saying the evidence did not establish his guilt "beyond a reasonable doubt."

But the report also described Biden as a "well-meaning elderly man with a poor memory" and said he couldn't remember important details about his own life – something Biden's team forcefully pushed back on.

Hur's appearance before Congress was rife with finger pointing from both sides of the aisle, with Republicans accusing Hur of going easy on the president and Democrats attacking Republicans for using the report for political gain.

Here are five takeaways from the lively hearing.

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Hur defended his characterization of Biden's memory

Democrats decried Hur's depiction of Biden as an elderly man with "diminished capacities" and memory loss issues. Many argued the characterization was inappropriate and politically motivated, noting that Hur was the principal associate deputy attorney general at the Justice Department under Trump, who later appointed him to the by the U.S. attorney for the Maryland district.

Attorney General Merrick Garland appointed Hur as special counsel to retain the independence of the Justice Department in the investigation.

Speaking to lawmakers Tuesday, Hur said he needed to show why he chose not to charge Biden, which made his evaluation of the president's "state of mind" relevant to the report.

The description in the report "was necessary and accurate and fair," he said. "I did not sanitize my explanation. Nor did I disparage the president unfairly."

Republicans claim 'double standard' on Biden and Trump

Multiple Republican lawmakers accused Hur of going easy on Biden by choosing not to recommend criminal charges. They drew frequent comparisons with former President Donald Trump, who is being charged with crimes related to his handling of classified documents.

"We get to this glaring double standard. I think it would be toxic to the rule of law on its face if it was just two ordinary citizens," said Rep. Tom McClintock, R-Calif. "But the fact that the only person being prosecuted for this offense happens to be the president's political opponent make this an unprecedented assault on our democracy."

Rep. Matt Gaetz, R-Fla., said Hur let Biden off the hook under a "senile cooperator theory."

Democrats argued there are differences between the Biden and Trump cases, noting that Biden cooperated with investigators while Trump did not (and allegedly told his lawyer to hide or destroy evidence) and that many of Biden's documents were his own handwritten notes.

Raskin accused Republicans of seeking political gains

Rep. Jamie Raskin, D-Md., the top Democrat on the House Oversight committee, said his Republican colleagues failed to prove Biden committed "high crimes and misdemeanors" in their impeachment inquiry and have now "switched over" to "being amateur memory specialists giving us their drive-by diagnoses of the President of the United States."

He argued the allegations are "a distraction from the 91 state and federal charges that Donald Trump faces now."

Raskin and other Democrats argued a second Trump presidency would pose a risk for democracy in America and abroad, noting his affinity for authoritarian leaders around the world and opposition to funding Ukraine's defense against Russian incursions.

"This is a memory test. But it's not a memory test for President Biden. It's a memory test for all of America. Do we remember fascism? Do we remember Nazism? Do we remember communism and totalitarianism?" he said. "We have to stand up for American democracy against these stupid games."

Jordan alleged Biden kept secret documents to write a lucrative book

Judiciary Committee chairman Rep. Jim Jordan, R-Ohio, accused Biden of willfully breaking the law by holding on to classified information in his notebooks in order to write an $8 million book about his time as vice president.

"Joe Biden had 8 million reasons to break the rules," Jordan said. "It wasn't just the money... it was also his ego. Pride and money is why he knowingly violated the rules. The oldest motives in the book."

Hur responded that "we did identify evidence supporting those assessments."

The book Biden wrote, "Promise Me, Dad," was about the death of his oldest son, Beau Biden, from brain cancer and his decision not to run for president in 2016. Hur's report says no one has identified classified material in the book, and that there is no evidence that Biden knew that what he shared with his ghostwriter was classified information.

Hur denied being a partisan actor

Rep. Hank Johnson, D-Ga., accused Hur of using the report to try to get Trump relected in the hopes of landing a job as a federal judge. Asked whether he is a Republican, Hur confirmed that he is a "registered Republican."

Johnson said Hur used the report to "trash and smear President Biden" because he couldn't recall how he got the documents, and that Hur knew it "would play into the Republicans' narrative that the president is unfit for office because he's senile."

"Congressman, I reject the suggestions you have just made. That is not what happened,” Hur replied, adding that he doesn't want to become a federal judge. “Partisan politics played no part whatsoever in my work."

He added that Attorney General Merrick Garland did not ask him to make any changes to the report.