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White House Asked Special Counsel to Water Down Descriptions of Biden’s Memory Lapses in Final Report, Hur Testifies

Special counsel Robert Hur testifies in a House Judiciary Committee hearing about his inquiry into President Biden’s handling of classified documents, in Washington, D.C., March 12, 2024. (Leah Millis/Reuters)

In a letter reviewed by NR, a White House lawyer accused Hur of using ‘highly prejudicial language’ to describe Biden’s memory issues.

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The White House asked special counsel Robert Hur to soften his description of President Joe Biden’s memory lapses in his final report detailing his investigation into Biden’s retention of classified documents, Hur testified on Tuesday.

Testifying before the House Judiciary Committee, Hur answered in the affirmative when asked by Representatives Jim Jordan (R., Ohio) and Tom Tiffany (R., Wisc.) whether the White House had asked him to change portions of his report detailing Biden’s difficulties with memory loss before submitting the final report to Attorney General Merrick Garland, who then made it public.

“Did the White House try to weigh in with your investigation on elements of that report and frankly try to get that report changed?” Jordan asked.

“They did request certain edits and changes to the draft report,” Hur answered.

Tiffany returned to the subject of how the White House tried to tweak Hur’s draft report and specifically asked him to discuss the aspects of the report describing Biden’s memory.

“So is it correct that February 5th letter that was sent to you asking you to change references to the president’s poor memory — wasn’t there a request by the White House to do that?” Tiffany asked.

“There was a request, yes,” Hur replied.

The White House wrote a letter to Hur and deputy special counsel Marc Krickbaum on February 5 objecting to parts of the report on Biden’s memory and asking the recipients to make adjustments based on those criticisms, according to a copy of the letter reviewed by National Review.

“We do not believe that the report’s treatment of President Biden’s memory is accurate or appropriate. The report uses highly prejudicial language to describe a commonplace occurrence among witnesses: a lack of recall of years-old events,” wrote Richard Sauber, special counsel to the president, and Biden’s personal counsel Bob Bauer.

“We request that you revisit your descriptions of President Biden’s memory and revise them so that they are stated in a manner that is within the bounds of your expertise and remit,” Sauber and Bauer continue.

Politico previously reported that the White House had objected to Hur’s characterization of Biden in a letter to Attorney General Merrick Garland, but, unlike the February 5 letter, that letter did not request any changes to Hur’s report. The New York Times reported on the letters last month and the Justice Department’s rejection of complaints from the Biden administration.

The February 5 letter goes through portions of Hur’s report describing his interview with President Biden to defend Biden’s cognitive function during the interview and accuse Hur of treating Biden’s memory lapses differently from other witnesses.

“We respectfully request your attention to these issues before finalizing your report,” the letter concludes after listing a series of objections to various parts of the report. National Review has reached out to the White House for comment. Biden administration spokesman Ian Sams wrote a letter to the White House Correspondents Association last month specifically laying out his objections to Hur’s report and how the media covered it.

It does not appear Hur altered the final report to fit the White House’s demands. A copy of the February 5th letter is available on page 384 of Hur’s report. The transcripts from Hur’s interview with Biden seem to corroborate his observations that Biden struggled to remember the years he was vice president and the exact year his son Beau passed away.

In his opening statement, Hur defended his observations about Biden’s memory and noted their importance to determining whether Biden should face criminal charges for how he handled classified information after his vice presidency. He ultimately decided against pursuing criminal charges against Joe Biden.

James Lynch is a News Writer for National Review. He was previously a reporter for the Daily Caller. He is a graduate of the University of Notre Dame and a New York City native.
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