OPINION: This article may contain commentary which reflects the author's opinion.
CNN legal analyst Jeffrey Toobin shredded Special Counsel Robert Hur’s report on President Joe Biden’s handling of classified documents, calling the Special Counsel a “Republican partisan.”
The analyst appeared on CNN on Friday to speak about the report and its implications after the president’s fiery press conference on Thursday night.
He accused Attorney General Merrick Garland of making the “classic Democrat mistake” of appointing a Republican as Special Counsel.
“As a prosecutor did Robert Hur and his team crossed the line here? The White House case is you already explicitly laid out in this report why you’re not going to prosecute Biden. It is unnecessary and over the top to list out all these things. Why you think a jury would be sympathetic to him?” “CNN This Morning” host Poppy Harlow said.
“Well, part of that report was an outrage, was a disgrace! I mean, the idea that they that he would make such a big point of of, of Biden being elderly is not something a prosecutor needed to do,” the analyst said.
“That report didn’t have to be 300 pages. I mean, that report showed that Merrick Garland again made the classic Democratic mistake, which is “I know I’ll appoint a Republican, a Republican partisan, to investigate, and that will give us credibility,” he said.
“No, it never works. James Comey trashed Hillary Clinton in very similar way when he when he said, we’re not going to pursue charges. He then trashed her.
“What, what Hur did is exactly the same thing. He exonerated him, but with the other hand, raised these really unnecessary points,” he said.
“I’m wondering. Unnecessary. You would never need to put that to help justify why you’re not going to bring a case,” the host said.
“The issue in this investigation was criminal intent. That’s the difference between the Trump case and the Biden case,” the analyst said.
“But when, when Biden’s people discovered classified information in in the one of the offices, they called in the archives, they cooperated with the FBI and they told the truth.
“Donald Trump lied and obstructed, at least according to the indictment, extravagantly, endlessly. That’s what a prosecutor should be talking about. Not, not, Biden’s elderly quality,” he said.
Following a months-long investigation into the president’s alleged improper retention of classified records, Special Counsel Robert Hur’s report states that he will not recommend filing criminal charges against President Joe Biden for mishandling classified documents.
Since last year, Hur has been looking into Biden’s improper retention of classified records. Hur claimed that among the other records about foreign policy and national security, there were classified documents concerning the military and foreign policy in Afghanistan that involved “sensitive intelligence sources and methods.”
“We conclude that no criminal charges are warranted in this matter,” the report states. “We would reach the same conclusion even if the Department of Justice policy did not foreclose criminal charges against a sitting president.”
The special counsel also described Biden as “a sympathetic, well-meaning, elderly man with a poor memory,” as Fox News noted.
“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 in the report. “Based on our direct interactions with and observations of him, he is someone from 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.”
But Hur said his investigation “uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen.”
The materials included “marked classified documents about military and foreign policy in Afghanistan, and notebooks containing Mr. Biden’s handwritten entries about issues of national security and foreign policy implicating sensitive intelligence sources and methods.”
Hur said FBI agents recovered the materials from “the garages, offices, and basement den in Mr. Biden’s Wilmington, Delaware, home.”
But Hur said that the evidence “does not establish Mr. Biden’s guilt beyond a reasonable doubt.”
“Prosecution of Mr. Biden is also unwarranted based on our consideration of the aggravating and mitigating factors set forth in the Department of Justice’s Principles of Federal Prosecution,” the report states. “For these reasons, we decline prosecution of Mr. Biden.”