Turley identifies special counsel’s ‘shocking’ admission about evidence against Biden: ‘As good of a case I could imagine’

News & Politics

Legal professor Jonathan Turley highlighted on Tuesday what he believed was a “shocking” moment in special counsel Robert Hur’s congressional hearing.

That moment, Turley explained, came when Hur acknowledged that part of the evidence against Biden included audio recordings of him speaking with his ghostwriter.

In those recordings, Biden told his ghostwriter that he knew he had classified materials in his home, an unauthorized location for such materials, while seemingly allowing the ghostwriter access to the materials despite the writer’s lack of security clearance.

“At the end, you’re sort of still wondering why [Biden] wasn’t charged, including Hur saying, ‘Look, we have audio tape of the president referring to the fact that he found classified evidence in his basement.’ Well, OK, that seems like full knowledge,” Turley said. “But he kept on coming back to the fact that I think a jury might have been persuaded that this is a nice, elderly man with a faulty memory.”

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In his testimony, Hur repeatedly emphasized that his investigation did not “exonerate” President Joe Biden of breaking the law.

Instead, Hur explained that despite the evidence clearly showing that Biden retained classified materials in violation of federal law, he chose not to prosecute Biden because he felt that Biden’s memory problems may not convince a jury beyond a reasonable doubt that Biden broke the law “willfully.”

That explanation, Turley later said, creates a “bizarre disconnect” because Hur appeared to say his investigation found evidence that Biden met the statutory elements of federal laws against the unauthorized retention of classified materials.

He explained:

[Hur] laid out evidence that was remarkably compelling. It was like playing the game of Clue and having all the murder weapon, location, the suspect, but Colonel Mustard just couldn’t remember how he got there. And he basically said, “I just can’t prosecute on this basis.”

He talked about how Biden told someone that he found classified documents in his basement, read from some of those documents to a third party; how evidence was destroyed by this ghostwriter in terms of an audiotape; how the White House intervened to try to get facts removed to frame the report in a series of contradictions of not just what Joe Biden has said in the past, but what he said after the interview.

Hur, then, presented “as good of a case I could imagine” against Biden, Turley concluded.

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