Biden docs hearing: Hur defends not charging president, but says he wasn't exonerated

"Did Joe Biden unlawfully retained classified information? The answer? Yes, he did," House Judiciary Chairman Jim Jordan, R-Ohio, said in opening the hearing. "Page one of Mr. Hur's report he says this: 'Our investigation uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen.'"

Yet while it's true that Hur's report stated he found evidence that Biden retained classified information, he stopped short of concluding Biden knowingly violated the law and determined he would not be able to prove Biden's guilt to a jury beyond a reasonable doubt.

Jordan then played out video clips of Biden responding to the findings in Hur's report, saying he expects today's hearing will give Hur a chance to respond to Biden's statements that either downplayed Hur's findings or attacked him directly.

Rep. Jerry Nadler, the ranking Democrat on the panel, sought to highlight discrepancies in Biden's conduct compared with former President Donald Trump's, saying, "Simply put, President Biden had the mental acuity to navigate this situation. President Trump did not."

Nadler then played a lengthy clip reel of Trump's perceived verbal slips on the campaign trail, saying. "That is a man who is incapable of avoiding criminal liability. A man who is wholly unfit for office, and a man who, at the very least, ought to think twice before accusing other of cognitive decline."

At the end of the Trump clip reel, some lawmakers, including some Republicans, were observed snickering at his remarks.

Former President Donald Trump is again making claims about President Biden's handling of classified documents while defending his own handling of classified materials. On his social media platform, Trump claimed Biden had "more documents, including classified documents" that were left unsupervised, again saying Biden wasn't covered under the Presidential Records Act.

Trump, however, was found to have roughly 340 documents with classification markings at his Mar-a-Lago estate, while President Biden had 88 documents with classification markings in his home.

Trump also said that the documents he had were secure compared to the Biden documents that Trump said had "ZERO supervision or security." But special counsel Jack Smith, who is overseeing the Trump classified documents probe, has noted in public court filings that "Whatever risks are posed by storing documents in a private garage ... are dwarfed by the risks of storing documents at 'an active social club' with 'hundreds of members" and 'more than 150 full-time, part-time, and temporary employees,' which, between January 2021 and August 2022, 'hosted more than 150 social events ... that together drew tens of thousands of guests.'"

Hur himself said in his report that, "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 enlisting others to destroy evidence and then to lie about it."

"In contrast, Mr. Biden turned in classified documents to the National Archives and the Department of Justice, consented to the search of multiple locations including his homes, sat for a voluntary interview. and in other ways cooperated with the investigation," Hur's report said.

Former special counsel Robert Hur has arrived at the hearing and is seated in front of the House Judiciary Committee.

There are a handful of protesters in the hearing with what appears to be fake blood on their hands.

One is wearing a shirt that reads, "Congress funds Israel genocide."

In his opening statement to Congress, former special counsel Robert Hur plans to explain how he characterized Joe Biden's memory in his report on the president's handling of classified documents released in February, which found that no charges were warranted because the evidence wasn't sufficient to support a conviction.

According to his opening statement obtained by ABC News, Hur will address his criticism of Biden's memory in the report: "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."

Hur, who will testify before the House Judiciary Committee, plans to say, "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 argue that the purpose of his investigation was to determine whether or not Biden "willfully" retained or disclosed classified information and that he "could not make that determination without assessing the President's state of mind."