Special Counsel Robert Hur Grilled on Biden Classified Documents

President Joe Biden’s classified documents investigation is back in the spotlight as Special Counsel Robert Hur is testifying today before the House Judiciary Committee about his investigation and interview of President Biden. The resulting report is very troubling. You can read a transcript of Hur’s interview with the President here.

AP News reports on Hur’s bombshell report:

Over five hours of interviews, President Joe Biden repeatedly told a special counsel that he never meant to retain classified information after he left the vice presidency, but he was at times fuzzy about dates and said he was unfamiliar with the paper trail for some of the sensitive documents he handled.

A transcript of the Biden interviews was made public Tuesday, just as the special counsel, Robert Hur, went before the House Judiciary Committee to face questions about his investigation of the Democratic president.

Hur, in his report, concluded that Biden should not face criminal charges over his mishandling of documents but also impugned the president’s age and competence. The special counsel stood by his assessment of the president’s memory as “accurate and fair,” in prepared testimony to be delivered to Congress.

Let me get something out of the way first. Neither of these classified documents cases should have been brought against President Biden nor President Trump.

The case against President Trump definitely should have never occurred because it involves documents for which he had the power to declassify. On the other hand, the documents in question for President Biden relate to when he was Vice President and didn’t have the authority to declassify them. Regardless, he’s the sitting President and can’t be indicted while in office.

I know it’s frustrating to see the evidence from the Special Counsel report and not prosecute President Biden. But as I said, the sitting President of the United States cannot be indicted – we must abide by the constitutional guidelines for the Department of Justice.

One eye-opening moment took place during today’s hearing. Rep. Darrell Issa (CA-48) asked Hur, “In this case, did you reach a conclusion that this man was outright innocent?”

Hur responded, “That conclusion is not in my report.” But he chose not to move forward in the case because he didn’t believe the President was fit to stand trial.

 ACLJ Senior Counsel Andy Ekonomou elaborated on Hur’s decision not to prosecute the sitting President:

When you’re prosecuting a criminal case, your duty is to find intent willfulness at the time of the commission of the events. But if the jury will infer that he couldn’t have formed that intent to be willfully destructive of documents [then the Special Prosecutor] probably wouldn’t get a conviction. And Hur said, I declined to prosecute him because of that. I probably wouldn’t get a conviction in the eyes of a jury.

So based on the likely inability to get a conviction, Special Counsel Hur dropped the probe into President Biden. My friend Andy Ekonomou, who used to be a prosecutor in Georgia, asserted he would not have brought charges against either candidate.

However, Special Counsel Jack Smith has not relented in prosecuting President Trump for similar charges of storing classified documents at his Mar-a-Lago residence.

If the DOJ won’t prosecute President Biden, shouldn’t the same measure be applied to President Trump? Attorney General Merrick Garland should order Smith to drop the case against President Trump to remove any appearance of a two-tiered system of justice.

At the end of the day, the American people must decide if President Biden is fit to earn a second term. Is he capable of running a country if he can’t stand trial? That’s the question that citizens must answer at the voting booth.

Today’s Sekulow broadcast included a full analysis of Special Counsel Robert Hur’s testimony on Capitol Hill. My son, ACLJ Executive Director Jordan Sekulow, joined us from Strasbourg, France, to update us on the ACLJ’s work through our European affiliate, the European Centre for Law & Justice (ECLJ). Also, Senior Counsel for International and Government Affairs Jeff Ballabon reacted to President Biden’s “red line” comments with Israel.

Watch the full broadcast below: