What to watch for during Robert Hur’s hearing: 4 key questions

CNN
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All eyes on Tuesday will be on special counsel Robert Hur, who investigated President Joe Biden’s mishandling of classified documents and delivered a political bombshell with his conclusions about Biden’s memory.

The special counsel is set to testify at the GOP-run House Judiciary Committee, where he’ll be peppered with questions about his 388-page report released last month.

After a yearlong investigation, Hur concluded that Biden mishandled classified material and improperly disclosed classified information as a private citizen. However, Hur said that there wasn’t enough evidence to prosecute Biden, and that he wouldn’t have pursued charges even if the Justice Department allowed him to indict a sitting president.

But it was Hur’s assessment of Biden’s cognitive abilities that sent shockwaves throughout Washington. He described Biden as a “well-meaning, elderly man with a poor memory” in explaining the uphill battle prosecutors might face when trying to convince a potential jury that Biden was a criminal.

Here are four key things to look for in Tuesday’s high-stakes hearing:

What will Hur say about Biden’s age and memory?

Republicans will undoubtedly question Hur over Biden’s mental acuity after his report painted a damaging portrait of the president’s memory, which it called “significantly limited” and “hazy” at times.

According to a draft of Hur’s opening statement on Tuesday that was obtained by CNN, Hur will say that in order to explain the decision not to bring criminal charges against Biden, “I understood that my explanation about this case had to include rigorous, detailed, and thorough analysis. In other words, I needed to show my work. Just as I would expect any prosecutor to show his or her work in explaining the decision to prosecute or not.”

Regarding the decision to reference Biden’s memory in his report, Hur will say, “I had to consider the President’s memory and overall mental state, and how a jury likely would perceive his memory and mental state in a criminal trial.”

Biden and his allies have forcefully rejected the depiction of a faulty memory, but Republicans quickly seized on the report to argue he is unfit to serve – especially as they make Biden’s age a major focus of attack in the 2024 presidential race. (At 81, Biden is the oldest US president in history, though Donald Trump is only a few years younger at 77.)

In addition to calling Biden an “elderly man with a poor memory,” the report said that during the president’s interview with Hur’s office in October, Biden did not remember exactly when his son Beau died, or which years he served as vice president under Barack Obama.

A visibly seething Biden responded later, telling reporters, “I am well-meaning. And I’m an elderly man. And I know what the hell I’m doing.”

“How in the hell dare he raise that?” Biden asked of the report’s reference to Beau’s death. “I don’t need anyone to remind me when he passed away.”

White House officials and Biden’s personal lawyer called the report’s assertions about the president’s memory inappropriate and incorrect, noting the interview took place in the immediate aftermath of Hamas’ October 7 attack against Israel, and arguing that Biden was highly engaged even with everything else going on.

Some House Republicans have called for the vice president and the Cabinet to invoke the 25th Amendment to remove Biden from office in light of what Hur said about Biden’s mental fitness, arguing that the president appears unable to perform the duties of his office, though many other Republicans have not gone as far.

How does Hur differentiate Biden and Trump’s handling of classified material?

Hur will be testifying Tuesday at a…