Hur chose not to prosecute the president and reported that a jury would likely find him to be a "well-meaning, elderly man with a poor memory."
Special Counsel Robert Hur is set to appear on Capitol Hill this morning to testify before Congress regarding his report on President Joe Biden's handling of classified documents, where he said that Biden would not be prosecuted due to a poor memory.
The report found that while the president "willfully retained and disclosed" classified materials, criminal charges were not warranted.
The hearing with the House Judiciary Committee is scheduled for 10am on Tuesday.
In his report, Hur explained that the evidence "does not establish Mr. Biden's guilt beyond a reasonable doubt" citing factors related to the president's "significantly limited" memory.
"We have also considered 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," Hur wrote. "Based on our direct interactions with and observations of him, he is someone for whom many jurors will want to identify reasonable doubt. 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."
As Fox News reports, leaders of the House Judiciary, Oversight, and Ways and Means Committees have subpoenaed the Department of Justice to hand over a transcript and recordings of Biden's interview with Hur.
The federal agency has not yet done so but said in a statement that it will be in short order.
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