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* Politics

# Special Counsel Robert Hur Defends His Findings on Biden Classified Documents Investigation

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## Video: Special Counsel Robert Hur Defends His Findings on Biden Classified Documents Investigation

[Watch (HLS stream): Special Counsel Robert Hur Defends His Findings on Biden Classified Documents Investigation](https://cdn.jwplayer.com/manifests/sf4YzuiV.m3u8) (8:14)

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_Published 2024-03-12. Robert Hur, who had been appointed to investigate whether President Joe Biden mishandled classified documents, facing questions on Capitol Hill on his report._


---

Mar 13, 2024 5:52 PM UTC

---

## More From This Series

[All Videos](https://time.com/video/)

[FBI Finds No Classified Documents in Search of Biden Vacation Home, His Lawyer Says](/video/YX2ECz5J/)

### FBI Finds No Classified Documents in Search of Biden Vacation Home, His Lawyer Says

[Special Counsel Appointed to Review Biden's Handling of Classified Documents. Here’s What We Know So Far](/video/zfSfy550/)

### Special Counsel Appointed to Review Biden's Handling of Classified Documents. Here’s What We Know So Far

[President Biden Acknowledges Classified Documents Found At His Home](/video/fW1p6cVr/)

### President Biden Acknowledges Classified Documents Found At His Home

---


## Transcript

Do you swear or affirm under penalty of perjury that the testimony you are about to give is true and correct to the best of your knowledge information and beliefs. So help you God. My team and I conducted a thorough independent investigation. We identified evidence that the president will be retained classified materials after the end of his vice president. See when he was a private citizen. Is evidence included an audio recording conversation during which during which Mr. Biden told his Ghost Rider that he had quote just found all the classified stuff downstairs and quote when mr. Biden said this he was a private citizen speaking to his Ghost Rider in his private rental home in Virginia.

We also identified other recording conversations during which mr. Biden read classified information allowed to his Ghost Rider. We did not however identify evidence that Rose the level of proof Beyond A Reasonable Doubt the evidence and the president himself put his memory squarely at issue. We interview the president and ask him about his recorded statement quote. I just found all the classified stuff downstairs and quote. He told us that he didn't remember saying that his Ghost Rider. He also said he didn't remember finding any classified material in his home after his vice presidency, and he didn't remember anything about how classified documents about Afghanistan and made their way into his garage.

My assessment in the report about the relevance of the president's memory was necessary and accurate and fair a prosecutor has to assess the evidence and determine whether in his or her judgment likely a the probable outcome will be a conviction a trial so whether or not you meet the elements of the crime, which I think it is clear that he does the second part of this is this and that's where it gets into the sympathetic well-meaning elderly man with a poor memory you could have just said we don't prosecute sitting president, but you did not and you entered this but that doesn't have anything to do with the actual elements of the crime that has to do with getting a conviction and try correct Congressman part and parcel of a prosecutor's judgment as to whether or not a conviction is the probable outcome of trial is assessing how the evidence identified during the investigation lines up with the elements and what proof can be offered to a jury during a trial sure but his well-meaning elderly old man has nothing to do with the underlined element.

Well, it is certainly has some presentation to the jury it certainly had something back. Jamaican respond it it certainly has something to do with the way that a jury is going to perceive and receive and consider and conclude make conclusions based on evidence at trial Congressman investigation by directing one of his employees to move boxes of documents to conceal it from Trump's attorney from the FBI and from the grand jury at any point in your investigation. Did you find the President Biden directed staff to scan sealed documents from you or anyone else? We did not respect you would agree that hiding documents is a classic example of obstructing an investigation.

It is an example of a thank you Donald Trump staff to delete security footage that the FBI in special counsel could not see how he had tried to move in high documents. Do you agree that attempting to delete video footage in this matter is playing attempted to obstruct the investigation. Congressman. I don't want to characterize the evidence in the case against one of the two leading video footage is plainly an attempt to obstruct. The investigation is the type of evidence the prosecutor is willing to consider in some up Donald Trump is charged with willful retaining classified documents and conspiring to conceal those documents and he's facing additional charges for lying to investigators.

Isn't that correct? Those are allegations that are in a pending a more presidential and the reason why President Biden is not facing a single charge because you went easy on him because after reviewing 7 million documents and interviewing nearly 150 Witnesses, including the president himself, you could not prove that he had committed a crime my assessment is that the evidence is presented at trial alongside potential defense arguments would not probably result in a conviction at one of the points you make Aesthetica of a figure with the poor memory but how does that bear on any individuals guilt or innocence?

It isn't that again a question for a judge or jury to decide after guilt or innocence has is determined it is a problem. Donald Trump's being prosecuted for exactly the same act that you've documented the Joe Biden committed it certainly Bears on how a jury is going to receive and perceive and a decision of the answer to my earlier question is correct. All I have to do when I'm clocked taking home classified materials to say, I'm sorry, mr. Herbert, but I'm getting old. My memory is not so great a man as the doctrine that you've established in our lost now, and it's frightening. A maintain is certainly not to establish any sort of Doctrine.

I had a particular task. I have a particular set of evidence to consider and make a judgment with respect to one particular set of evidence. And that is what I did wrong material distinctions between mr. Trump's case and Mister by his case are clear most notably after being given multiple chances to return classified documents and avoid prosecution. Mr. Trump allegedly did the opposite according to the indictment. He not only refused to return the documents for many months, but he also obstructed Justice by lifting others to destroy evidence and then to lie about it that's on page eleven quote in contrast.

Mr. Biden turned in classified documents to the National Archives and the Department of Justice consent it to the search of multiple locations including his homes sat for a voluntary interview, and in other ways cooperated with the investigation. Back the tears recognize mr. Her. Why did you do it? Why didn't Joe Biden your words will flee retain and disclose classified materials. I mean he knew the law in an office like 50 years five decades in the United States Senate chairman of the Senate Foreign Relations Committee eight years as vice president. He got briefed everyday as vice-president. He's been in the Situation Room.

In fact, you know, he knew the rules the conclusion as to exactly why the president did what he did is not one that we explicitly address in the report. You also repeatedly contrast Biden's cooperation with the conduct of Donald Trump. You say quote most notably after being given multiple chances to return classified documents and avoid prosecution. Mr. Trump allegedly did the opposite of court in the indictment can only refused to return the documents for many months. But you also obstructed Justice by enlisting others to destroy evidence in a lie about it. Lyrics to change your judgment about the differences between President Biden's cooperation and the former president's non-cooperation report.

My friends this is a memory test but it's not a memory test for President Biden. It's a memory test for all of America. Do we remember fascism? Remember Nazism remember communism and totalitarianism have we completely forgotten the sacrifices of our parents and grandparents and prior Generations while we play pin-the-tail-on-the-donkey in this wild-goose Chase all of these silly games Donald Trump entertains authoritarian Hustler Viktor Orban at Mar-A-Lago for the weekend and or Bank comes out to the clear that if we indeed Sleepwalk into another Trump presidency Trump will quote not give a simple pin a single penny to Ukraine.

That's what all of this is about. It's about trying to pull the wool over the eyes of America because the tyrants and dictators of the world are on the march today.

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