During a Tuesday hearing, lawmakers delved into President Joe Biden’s management of classified documents, turning it into a battleground between the Democratic leader and Republican contender Donald Trump. A recent transcript of Biden’s testimony from last autumn revealed his repeated claims that he had no intention to keep classified information after his vice presidency.
Among the revelations that could be used against Biden in the upcoming presidential race was the disclosure by former special counsel Robert Hur during his Capitol Hill testimony. Hur stated that Biden knowingly held on to classified materials as a civilian and passed them to Mark Zwonitzer, the ghostwriter of his $8 million book, who later attempted to destroy them, as reported by the Daily Mail.
While Hur’s report painted Biden as ‘elderly’ and ‘forgetful’ with ‘diminished faculties,’ it did not suggest any charges against the president, contrary to what some Democrats argued.
During his testimony before the House Judiciary Committee, Hur defended his report that questioned Biden’s age and mental acuity but found no grounds for criminal prosecution due to insufficient evidence.
Hur emphasized that his report was based on the evidence and his belief of how jurors would interpret it, highlighting that he presented a fair and unbiased assessment of the situation.
The released transcript of interviews between Biden and the special counsel shed further light on the year-long investigation, offering additional details beyond what Hur and Biden had previously shared. However, it remained uncertain whether these revelations would sway opinions about the president, the special counsel, or Trump in the midst of a heated election season.
While Biden maintained his seriousness in handling classified information, the transcript also revealed instances where he appeared uncertain about specifics and the trail of sensitive documents he dealt with.
The hearing unfolded at a critical juncture when both Biden and Trump were close to securing their party nominations, solidifying the party divides over the issue of classified documents retention. Hur found himself criticized from both sides, with Republicans upset over his decision not to prosecute the president and Democrats unhappy with his unfavorable remarks about Biden.
Republicans argued that Biden was receiving preferential treatment from his own Justice Department while Trump was unfairly targeted by prosecutors. On the other hand, Democrats emphasized Biden’s cooperation with the investigation and highlighted the contrast with the criminal case against Trump, who refused to hand over classified documents requested by the National Archives from his Florida estate.
Democrats immediately addressed the disparity between Biden and Trump, focusing more on the criminal case against the latter. Representative Jerry Nadler of New York, the top-ranking Democrat, questioned whether Biden’s willingness to cooperate and provide documents influenced the decision not to prosecute him.
“That was one of the factors we considered in our analysis,” responded Hur.
However, Democrats pressed Hur further, insinuating that as Biden’s chosen attorney general, he might be a biased political figure making negative remarks about Biden’s age and memory. Hur refuted this suggestion.
“Politics did not influence my investigative actions, decisions, or the content of my report in any way,” replied Hur.
Meanwhile, Republicans argued that Trump was unfairly targeted and demonized, questioning the differences between the two cases.
Representative Tom McClintock, a Republican from California, referred to it as a “blatant double standard.”
“Donald Trump is facing prosecution for the same offense that you discovered Joe Biden committed,” McClintock told Hur.
However, there were significant distinctions between the investigations. Biden’s team returned the documents once they were found, and the president willingly participated in interviews and allowed searches of his residences. In contrast, Trump allegedly sought help to conceal documents and obstruct the investigation.
Hur’s report presented evidence that Biden knowingly retained classified information and shared it with a ghostwriter, as evidenced by audio recordings of their conversations where Biden mentioned coming across classified materials at home.
As per the transcript, Biden claimed he did not remember the exchange or finding any documents. He stated that if he discussed any sensitive information with the ghostwriter, it was in reference to a confidential memo he had drafted for President Obama in 2009 regarding troop surges in Afghanistan. Biden wanted to prevent its unauthorized disclosure.
Hur explained the importance of providing a detailed explanation for his decision not to prosecute the president and why the case did not meet the criteria for criminal charges. While such explanations are typically kept private, there is a Justice Department tradition of making these documents public.
Due to the nature of his investigation into the president’s actions, Hur felt it was necessary to make his report public to maintain credibility. He emphasized the need to clarify his reasoning for not recommending criminal charges.
During interviews, President Biden claimed he was unaware of how classified documents ended up at his home and office, stating he would have returned them if he had known. He also defended keeping personal diaries containing classified information, citing previous presidents’ rights to own such documents.
In contrast to the findings of special counsel Jack Smith on Trump, Hur’s report outlined the differences in the cases, highlighting the lack of intentional retention of classified documents by Biden.
Biden’s collection of documents and artifacts from over five decades in public service has become so vast that he admitted to struggling to keep track of everything during interviews.
Trump criticized the handling of the situation, claiming bias and expressing his ongoing fight against allegations regarding classified documents found during a search of his property in Florida in 2022.
When questioned about whether first lady Jill Biden shared his filing system, he humorously replied, “She has no interest in my organization method.” He even joked, eliciting laughter from the attorneys present.
The transcript provided insight into the thoughts of a current president, showcasing his sense of humor and interests such as his cherished Corvette and involvement in home construction in Wilmington. It also delved into the challenges of the presidency and managing international crises.
Biden engaged with Hur following a crisis, following the Hamas attack on Israel on Oct. 7.
He began the interview fresh off a call with Israeli Prime Minister Benjamin Netanyahu, part of efforts to prevent escalation. Despite suggestions to take a break, Biden urged to continue, saying, “I can go all night to get this resolved.”
Biden delegated the secure handling of classified information to his team, often leaving documents for them to organize and protect.
He mentioned his long-serving staff managed without direct instructions from him. “It just happened. I can’t recall who did it,” said Biden.
Insights into Biden’s memory lapses, particularly regarding the timing of his son Beau’s passing in 2015, were discussed. However, the transcript revealed Hur did not inquire about Beau specifically, contrary to Biden’s emotional response to reporters.
Biden expressed frustration at Hur’s mention of Beau, stating it was not their concern. His recollection was inaccurate during his emotional press conference.
Further examination of the exchange indicated that Hur’s assessment of Biden’s memory was exaggerated, shifting the focus from the president’s accomplished writing during that period.
Reflecting on the passing of his son, Beau, Biden recalled the specific month of May 30th.
Following his reflection, a White House legal advisor reminded Biden that Beau had passed away in 2015.
Biden questioned the year once more, seeking confirmation that it was indeed 2015 when Beau died.
He then proceeded to share the emotional story from his book, “Promise Me, Dad,” where Beau’s encouragement motivated him to stay active in public service post the Obama presidency.
