Jim Jordan Lays Down the Gauntlet for Robert Hur

Republican Representative Jim Jordan laid down the gauntlet for former special counsel Robert Hur on Tuesday, ahead of his testimony on the investigation into President Joe Biden's handling of classified documents.

While appearing on Fox News' Fox & Friends, Jordan, the chairman of the House Judiciary Committee, said that he plans to ask Hur about Biden's motives for possessing classified documents and the "double standard" of how Biden is not being prosecuted, while former President Donald Trump is.

Hur's report asserted that Biden shouldn't be charged for his alleged mishandling of classified documents, in part, because a jury may see Biden as a "well-meaning, elderly man with a poor memory."

"One thing we are gonna ask Special Counsel Hur is, and one thing we've done, is, we've said we want the audio tapes," Jordan said. "We want all the information you had when you interviewed President Biden."

"We think, if you're not gonna prosecute based on the fact that you believe he's an elderly old man who forgets things, we want to hear those audio tapes," he said, adding that the White House and Department of Justice have yet to cooperate on providing the audio tapes.

Newsweek reached out to Jordan's press secretary via email for comment.

The context:

In February, Hur released a report into his investigation of Biden's handling of classified documents that were found at his home in Delaware and at the Penn Biden Center in Washington, D.C.

Hur said that he would not recommend charges for Biden, noting that the 81-year-old president would present himself to a jury as "a sympathetic, well-meaning, elderly man with a poor memory."

Hur is expected to testify before the House Judiciary Committee on Tuesday about his investigation into Biden's handling of classified documents.

What we know:

Politico obtained Hur's opening statement ahead of his testimony on Tuesday. In it, he touched on the description of Biden's memory, saying, "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."

Hur's statement continued that the assessment of Biden's memory was "necessary and accurate and fair," adding that he did not "sanitize" his explanation.

"Nor did I disparage the President unfairly. I explained to the Attorney General my decision and the reasons for it. That's what I was required to do," Hur will say, according to Politico.

Views:

In a post on X, formerly Twitter, on Monday, Harry Litman, an attorney and legal affairs columnist for the Los Angeles Times, warned that "it's hard not to anticipate some real ugliness with Robert Hur's testimony tomorrow."

"He already showed his partisan colors in the inappropriate parts of his report. And he and the R's obviously contemplate he can vilify Biden now that he's testifying as a 'private citizen,'" Litman wrote.

The White House previously criticized Hur's assessment of Biden's health and memory, prompting the president to say he was "fine" last month.

What's next:

The GOP-led House Judiciary Committee has continued to call on the Justice Department and the White House to release audio tapes of Biden's interview with Hur.

Last week, House Judiciary Committee spokesman Russel Dye told Fox News Digital that the committee only received a small portion of the audio tapes despite a subpoena to the Justice Department requesting the tapes by March 7.

"Our staff has all necessary clearances to review the contents of the President's interview, which dealt with materials found in unsecured areas like garages, closets and commercial office space. We are evaluating next steps," Dye said.

Update 3/12/24, 8:15 a.m. ET: This article was updated with additional information.

Update 3/12/24, 8:52 a.m. ET: This article was updated with additional information.