Special counsel Robert Hur will argue that Biden has a poor memory if he testifies based on classified documents

Special counsel Robert Hur will deliver high-stakes testimony on Capitol Hill on Tuesday about his devastating report of classified documents that depicted President Joe Biden as “elderly” and “forgetful” and with “diminished capabilities.”

Hur was appointed special counsel by Attorney General Merrick Garland in January 2022 to investigate the president’s handling of classified files in a range of areas, including Afghanistan.

After a year of silence, he released the explosive report that raised questions about his decision not to prosecute the president, Biden’s cognitive fitness for office and how the commander-in-chief “intentionally” withheld the documents.

In interviews with researchers, Biden became confused about the dates he was vice president and could not even remember the year his son Beau died.

And it said his cavalier attitude toward classified documents, such as his habit of reading sensitive files to a ghostwriter, posed a significant risk to national security.

One of the reasons they decided not to press charges was because “Mr. Biden would likely present himself to a jury at trial, as he did during our interview with him, as a likable, well-meaning, older man with a poor memory . ‘.

Now the Judiciary Committee will seek clarity on its 338-page report, and Hur will double down on his criticism of Biden’s memory, according to the opening statement obtained by DailyMail.com.

He will argue: ‘I understood that my explanation of this matter had to include a rigorous, detailed and thorough analysis.

“In other words, I had to show my work,” he will say. “To give credibility to my decision, I knew I could not simply announce that I would not recommend criminal charges and leave it at that. I had to explain why.’

Hur will add that he had to question Biden’s memory and could not make an impeachment decision without assessing the “state of mind of the president.”

“For that reason, I had to take into account the president’s memory and overall mental state, and how a jury would likely perceive his memory and mental state in a criminal trial,” he will say.

‘Because these issues were important to my final decision, I had to include a discussion of them in my report.

‘I have not clarified my explanation. Nor have I unfairly discredited the president.

“I have explained my decision and the reasons for it to the Attorney General. That’s what I had to do’.

A source familiar with the planned questioning told DailyMail.com that it will likely focus ’80/20 on the merits of the decision not to charge the president for mishandling documents.

Republicans in the House of Representatives have demanded that the Department of Justice (DOJ) turn over all transcripts and audio related to an interview Hur conducted with the president in his investigation into Biden’s handling of classified documents, but so far they are dissatisfied what the ministry has handed over. about.

Hur’s report, which summarizes his investigation into Biden’s mishandling of classified documents, includes numerous examples of Biden’s “hazy” memory, including a point Biden appeared to forget when his son Beau died.

Hur insisted that Biden was not suitable for prosecution over the mishandling of documents because he was a “well-meaning, older man with a poor memory.”

The special counsel noted that Biden had “diminished capabilities” and at some points “did not remember when he was vice president.”

Republicans jumped on the material, saying it proves Biden is not fit to run the country.

One particularly damaging passage that Hur included read: “In his interview with our office, Mr. Biden’s memory was worse. He didn’t remember when he was vice president, forgot on the first day of the interview when his term ended (“if it was 2013, when did I stop being vice president?”), and forgot on the second day of the interview when his term began (‘am I still vice president in 2009?’),” the report said.

‘He didn’t even remember within a few years that his son Beau died. And his memory seemed hazy as he described the Afghanistan debate that was once so important to him.”

Biden exploded at that passage during a defiant news conference, where he said his memory is “fine.”

‘It is even said that I cannot remember when my son died. How on earth does he dare bring that up? “I don’t need anyone, I don’t need anyone to remind me of his passing,” the president told reporters.

“Honestly, when I was asked the question, I thought to myself, it was none of their damn business.”

He also said reports of his “deliberate” retention of documents were “misleading.”

At one point he shouted: ‘I have not shared any classified information! I do not have!’

Biden then answered a question about the humanitarian situation in Gaza.

In doing so, he botched the identification of a world leader by calling Egypt’s Abdel Fattah El-Sisi the president of Mexico, Andrés Manuel López Obrador.

He said: “I think as you know initially, the President of Mexico, El-Sisi, did not want to open the gate to let in humanitarian material. I spoke to him. I convinced him to open the gate.”

The president then blamed his staff for sensitive documents from his time as vice president being found in his home, garage and office.

He blamed his subordinates for some of the decisions that got him into trouble and led to the years-long investigation that is already providing fodder for President Donald Trump’s campaign.

“I take responsibility for not seeing exactly what my staff was doing,” he said.