Read: Robert Hur’s opening remarks on Biden classified documents – Washington Examiner

Robert Hur, the special counsel who investigated President Joe Biden‘s handling of classified documents, will defend his decision to include negative details about the president’s mental acuity in his special counsel report, according to the opening statement of his forthcoming congressional testimony.

Hur, who will testify before the House Judiciary Committee at 10 a.m. on Tuesday, will speak to how his final decision not to bring charges against Biden necessitated a thorough explanation, which included the 81-year-old president’s state of mind, according to a copy of his prepared opening remarks obtained by the Washington Examiner.

“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,” Hur will say.

“The need to show my work was especially strong here. The Attorney General had appointed me to investigate the actions of the Attorney General’s boss, the sitting President of the United States. I knew that for my decision to be credible, I could not simply announce that I recommended no criminal charges and leave it at that. I needed to explain why,” Hur will say.

Hur found after a yearlong investigation that Biden had stored classified documents from his time as vice president and senator in unauthorized places that included his office in Washington, D.C., and the basement and garage of his home in Wilmington, Delaware. Hur said that while he believed Biden willfully held on to the classified material, he could not prove it beyond a reasonable doubt.

Hur detailed his findings in a lengthy report last month, and Republicans and Democrats alike are expected to grill him on the report during Tuesday’s hearing. The White House has criticized Hur for including what it described as “gratuitous” details about Biden’s memory. Hur found Biden’s memory was “poor” enough that a jury may believe he made an “innocent mistake” in keeping the classified documents.

“There has been a lot of attention paid to language in the report about the President’s memory, so let me say a few words about that. My task was to determine whether the President retained or disclosed national defense information ‘willfully’ — meaning, knowingly and with the intent to do something the law forbids. I could not make that determination without assessing the President’s state of mind. For that reason, 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. These are the types of issues prosecutors analyze every day. And because these issues were important to my ultimate decision, I had to include a discussion of them in my report to the Attorney General,” Hur will say.

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“My assessment in the report about the relevance of the President’s memory was necessary and accurate and fair. Most importantly, what I wrote is what I believe the evidence shows, and what I expect jurors would perceive and believe. I did not sanitize my explanation. Nor did I disparage the President unfairly. I explained to the Attorney General my decision and the reasons for it. That’s what I was required to do,” Hur will say.

Read his full opening statement here.

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