Robert Hur Testimony Will Likely Be Devastating for Joe Biden

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Former special counsel Robert Hur is expected to be sharply critical of President Joe Biden's past handling of classified documents when he appears before the Republican-controlled House Judiciary Committee on March 12.

In February, Hur released a report that concluded Biden "willfully retained and disclosed classified materials after his vice presidency," following the discovery of documents at his home in Delaware and the Penn Biden Center in Washington, D.C.

Hur added "no criminal charges are warranted in this matter," noting Biden had cooperated with authorities and that it would be difficult to secure a conviction.

Hur's report addressed Biden's cognitive state, describing the 81-year-old president as "a sympathetic, well-meaning, elderly man with a poor memory." Hur also said Biden struggled to remember when he was vice president. Biden, the likely 2024 Democratic presidential nominee, has faced concerns over his age throughout his reelection campaign.

Having completed his work with the Department of Justice, Hur, a Republican, will appear before the House Judiciary Committee as a private citizen, meaning he will have fewer constraints on his testimony.

Monday, Harry Litman, the senior legal affairs columnist at the Los Angeles Times, wrote about Hur's committee appearance on X, formerly Twitter: "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.'"

Newsweek contacted the White House press office for comment by email at 4 a.m. ET Tuesday.

Prior to being made special counsel by Attorney General Merrick Garland, Hur was appointed U.S. attorney for the District of Maryland by President Donald Trump.

In his 388-page report, Hur said Biden stored notecards containing classified material "in unlocked drawers at home," viewing them "as highly private and valued possessions with which he was unwilling to part."

Robert Hur and Joe Biden
Robert Hur, left, at the Robert F. Kennedy Department of Justice Building in Washington, D.C., on May 9, 2019. President Joe Biden, right, at the YMCA Allard Center of Goffstown in New Hampshire on March... Chip Somodevilla/Sophie Park/GETTY

Hur added, "It would be difficult to convince a jury that they should convict him—by then a former president well into his eighties—of a serious felony that requires a mental state of willfulness."

In the report, Hur also said Biden "did not remember, even within several years, when his son Beau died." In a news briefing, Biden responded, asking, "How the hell dare he raise that?" The president insisted his "memory is fine."

In June, Trump, who has all but secured the 2024 Republican presidential nomination with a string of victories on Super Tuesday, was charged with a number of offenses over claims he mishandled classified documents and obstructed efforts to return them to the relevant authorities.

Trump has pleaded not guilty to 40 felony charges in the case. He was charged alongside Mar-a-Lago property manager Carlos De Oliveira and Walt Nauta, Trump's former personal aide, both of whom have also pleaded not guilty. Trump has insisted the charges against him are politically motivated and denies any wrongdoing.

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About the writer

James Bickerton is a Newsweek U.S. News reporter based in London, U.K. His focus is on covering news and politics in Texas, as well as other general news across the United States. James joined Newsweek in July 2022 from LBC, and previously worked for the Daily Express. He is a graduate of Oxford University. Languages: English. Twitter: @JBickertonUK. You can get in touch with James by emailing j.bickerton@newsweek.com


James Bickerton is a Newsweek U.S. News reporter based in London, U.K. His focus is on covering news and politics ... Read more