Robert Hur Claps Back at Dems: Biden Not Exonerated

Former Special Counsel Robert Hur corrected House Democrats, who persisted in their assertions during a public hearing that he had "exonerated" President Joe Biden in the classified documents case.

Hur submitted a 345-page report in early February, outlining his decision against charging Biden for mishandling classified docs, but the word "exonerate" does not appear anywhere in his ruling, a fact he brought up multiple times during his hours-long testimony before the House Judiciary Committee on Tuesday.

Committee ranking member Rep. Jerry Nadler, D-N.Y., used his opening preamble to say Hur's report "represents the complete and total exoneration of President Biden."

"That is not what the report says," Hur said later in the hearing. "The report is not an exoneration. That word does not appear in my report."

Committee member Rep. Pramila Jayapal, D-Wash., also asserted that Hur's report was a "complete exoneration" of Biden.

"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 appears in the report. That's not part of my task as a prosecutor," Hur said.

Regardless, Hur's decision not to charge Biden, exoneration or not, fueled the ire of Republican committee member Rep. Tom McClintock, R-Calif., who railed against Hur's decision as a "glaring double standard" of justice, given former President Donald Trump is facing a federal trial for mishandling classified docs in Florida.

"The fact the only person being prosecuted for this offense happens to be the president's political opponent makes it an unprecedented assault on our democracy. This is the worst we could expect from a banana republic," McClintock told Hur, who is not the special counsel bringing Trump to trial. Jack Smith is.

In fact, Hur left the Justice Department last week.

Hur would not comment further on the difference between the cases, but in his report, he acknowledged Biden's cooperation vs. Trump's refusal to hand over classified material. That and the fact Biden is a "well-meaning, elderly man with a poor memory."

"That's one of the points you make, President Biden is likely to be an elderly sympathetic person with a poor memory. How does that bear on any individual's guilt or innocence?" McClintock said. "Isn't that a question for a judge … after guilt or innocence is determined? Here's the problem. Donald Trump is being prosecuted for the same act that you've documented Joe Biden committed."

McClintock went on, "All I have to do when I am caught taking home classified materials, 'I'm sorry, I'm getting old, my memory isn't so great?' This is the doctrine that you've established in our laws now and it is frightening."

Hur responded, "Congressman, my intent is certainly not to establish any sort of doctrine. I had a particular task. I had a particular set of evidence to consider and make a judgment to one particular set of evidence and that's what I did."

McClintock had the last word.

"The foundation of our justice system is equal justice under law. That's what gave the law its respect and its legitimacy. … It doesn't matter who comes before her, all are treated equally. You've destroyed this foundation. And the rule of law becomes a sick mockery. It becomes a weapon to wield against political rivals and a tool. And I'm desperately afraid this decision of the Department of Justice has now crossed a very bright line," he concluded.