The presidential debate last night was chilling to watch as President Joe Biden clearly struggled to retain his focus and, at points, seemed hopelessly confused. The winner was clear: Special Counsel Robert Hur. For months, Democrats in Congress and the media have attacked Hur for his report that the president came across as an “elderly man with a poor memory.” Hur concluded that prosecuting Biden would be difficult because a jury would view him as a sympathetic figure of a man with declining mental capabilities. That was evident last night and the question is whether a man who was too diminished to be a criminal defendant can still be a president for four more years.
Hur laid out evidence that President Biden had unlawfully retained and mishandled classified evidence for decades. However, he also concluded that “at trial, Mr. Biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory.” He found that “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.”
What has followed is the usual pile-on in the media with legal analysts, press, and pundits denouncing Hur for his findings.
Hur likely does not anticipate any apologies even as commentators on CNN and MSNBC admit that there are now unavoidable questions of Biden’s ability to be the nominee.
Democrats have repeatedly insisted that Hur did not find Biden diminished and that he actually was impressed by his memory and mental acuity. Hur contradicted that in his own testimony before Congress.
Indeed, the denial campaign took on a bizarre character, particularly when Rep. Pramila Jayapal (D., Wash.) insisted that Hur “exonerated” Biden. Hur pushed back:“I need to go back and make sure that I take note of a word that you used, ‘exoneration.’ That is not a word that is used in my report and that is not a part of my task as a prosecutor.”
Jayapal shot back, “You exonerated him.”
Hur responded, “I did not exonerate him. That word does not appear in the report.”
The debate also further undermines the ridiculous effort of the Biden Administration to continue to withhold the audiotape of the Hur interview as privileged (despite saying that the transcript is not privileged).
The debate showed not only what Hur saw but why the Justice Department is making a clearly laughable privilege claim to delay any release of the audiotape until after the election.
