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Republican Representative Tom McClintock said on Tuesday that former Special Counsel Robert Hur is establishing a "frightening" doctrine, in his decision to not charge President Joe Biden for his handling of classified documents.
During a House Judiciary Committee testimony on Tuesday, McClintock spoke about Hur's reasoning for not recommending charges against Biden, which was that he would present himself to a jury as an "elderly man with a poor memory." He compared this to former President Donald Trump, who is currently facing over 40 charges for allegedly mishandling classified documents.
"This is the doctrine that you've established in our laws now and it's frightening," McClintock said. "The foundation of our justice system is equal justice under law...without it, the law is simply force, devoid of any moral authority.
"I am desperately afraid that this decision, the Department of Justice has now crossed a very bright line," McClintock added.
Newsweek reached out to McClintock's office via email for further comment.
The context:
Hur appeared before the Republican-led House Judiciary Committee on Tuesday to deliver testimony regarding his investigation and interview with Biden regarding Obama-era classified documents found at his Delaware home and at the Penn Biden Center in Washington, D.C.
A February report from Hur determined that Biden "willfully retained and disclosed classified materials after his vice presidency" but did not recommend charges, saying that the president would portray himself to a jury as "a sympathetic, well-meaning, elderly man with a poor memory."
What we know:
"My assessment in the report about the relevance of the president's memory was necessary and accurate and fair. Most importantly, what I wrote is what I believe the evidence shows, and what I expect jurors would perceive and believe," Hur said in his opening statement during the hearing. "I did not sanitize my explanation. Nor did I disparage the president unfairly."
Trump was previously indicted federally by Special Counsel Jack Smith for his alleged mishandling of classified documents that were found at his Mar-a-Lago residence after leaving office.
Trump has pleaded not guilty to all the charges filed against him by Smith.
Views:
Ahead of the testimony Trump said in a post on Truth Social: "Big day in Congress for the Biden Documents Hoax. He had many times more documents, including classified documents, than I, or any other president, had. He had them all over the place, with ZERO supervision or security. He does NOT come under the Presidential Records Act, I DO."
"The DOJ gave Biden, and virtually every other person and President, a free pass. Me, I'm still fighting!!! MAGA," Trump wrote.
What's next:
Hur's testimony will continue throughout the day on Tuesday with lawmakers on both sides hitting him with numerous questions.
The House Judiciary Committee previously requested further audio recordings from Biden's interview with Hur, but the Department of Justice nor the White House has responded to these requests.
Update 3/12/24, 11:31 a.m. ET: This article was updated with additional information.
Update 3/12/24, 11:59 a.m. ET: This article was updated with additional information.
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About the writer
Matthew Impelli is a Newsweek staff writer based in New York. His focus is reporting social issues and crime. In ... Read more