Special counsel Robert Hur is set to testify before Congress on Tuesdayabout his investigation into President Biden's handling of classified documents, speaking publicly for the first time about the probe that resulted in no charges but set off a political firestorm about the president's age and mental fitness.
In a nearly 350-page report released last month, Hur said charges were not warranted against Biden for his alleged mishandling of classified materials after he left the vice presidency. But that decision was overshadowed by Hur's description of Biden as a "sympathetic, well-meaning, elderly man with a poor memory."
That portrayal fed into an already public debate about President Biden's age and fitness for a second term. It also sparked fury at the White House and among Democrats on Capitol Hill, who called Hur's remarks gratuitous, prejudicial and inappropriate.
Biden even held a hastily arranged new conference after the report's release to defend his record and his fitness for office.
Republicans, meanwhile, seized on the description of Biden to raise questions about the president's mental acuity. House Speaker Mike Johnson and other senior Republicans, for example, said that "a man too incapable of being held accountable for mishandling classified information is certainly unfit for the Oval Office."
At the same time, Johnson and his fellow GOP leaders in the House claimed that the decision not to charge Biden was evidence of a "two-tiered system of justice," echoing a claim that former President Donald Trump has also made without evidence.
Two significantly different investigations into classified documents
Trump is facing a separate investigation, led by special counsel Jack Smith, into his own alleged mishandling of classified documents after leaving the presidency. Trump was indicted on more than three dozen federal criminal charges after boxes of classified materials were found at his Mar-a-Lago residence in Florida.
Trump and his two co-defendants have pleaded not guilty in the case.
Although the Biden and Trump cases both involve classified materials, there are significant differences between them. In Biden's case, his attorneys promptly returned the records after discovering them. Trump, meanwhile, is accused of willfully keeping the classified documents and then actively trying to obstruct Justice Department efforts to get them back.
In his report, Hur pointed to what he called "several material distinctions" between the two cases.
"Unlike the evidence involving Mr. Biden, the allegations set forth in the indictment of Mr. Trump, if proven, would present serious aggravating facts."
Political impact of the report
Democrats on the committee are likely to use Hur's appearance to draw a sharp contrast between Biden and Trump, who look set for a rematch in the 2024 presidential race.
Republicans, meanwhile, are expected to play up Hur's depiction of Biden as an elderly gentleman with memory problems.
Hur's appearance comes at a moment when there is growing skepticism among House Republicans about the party's impeachment inquiry into President Biden.
The investigation, led by Reps. Jim Jordan, R-Ohio, and James Comer, R-Ky., has continued for months without producing any direct evidence that Biden was involved in any of his family's foreign business dealings.
One central figure in the investigation now faces federal charges for allegedly fabricating his claims.
While Hur's appearance isn't related to the central allegations of the impeachment push, his testimony is still likely to be used by the party as a chance to emphasize the lawmakers' concerns over Biden's fitness for office.
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