Attorney General Merrick Garland appointed Robert K. Hur to investigate and determine whether to prosecute President Biden for retaining in an unsecured manner confidential government documents during periods when he was not Vice President or President of the United States.

Mr. Hur is a very smart man with great intellectual and experiential credentials. The report issued is remarkable in its level of detail and thoroughness with which the investigation was conducted. I believe it reached the clearly correct conclusion in declining prosecution of Mr. Biden and his “ghostwriter” to whom some confidential information was provided during the writing of Mr. Biden’s books.

The problem traces to the fact that Mr. Hur was a Trump appointee during his prior service as the United States Attorney for Maryland, a position in which he served from 2018 to 2021. https://en.wikipedia.org/wiki/Robert_K._Hur Why Garland chose him to lead the investigation of President Biden will probably remain a mystery.

What is clear is that Mr. Hur, in deciding that the evidence did not warrant prosecution, went out of his way to psychoanalyze Biden’s thought/emotional processes and, in the end, in an action reminiscent of James Comey’s decision to violate DOJ policy and knife Hillary Clinton in the back on the eve of the 2016 election, to comment on how Biden would come across in front of a jury. The basic idea was to present Biden as a kindly old man with a failing memory who would be seen as sympathetic by some or all the jurors who would, out of sympathy, acquit him of any criminal charges.

These comments were not necessary to the ultimate conclusions of the report. The evidence alone, combined with the historical practices of prior presidents and vice presidents, including the conservative icon, Ronald Reagan in particular, and the history of non-prosecution by DOJ, were sufficient to support the non-prosecution conclusion. But Mr. Hur took the opportunity to plunge a knife in Biden’s back anyway, suggesting that he had, deliberately or otherwise, presented himself as an “historic figure” and a “man of presidential timber” but also a man whose memory was “significantly limited” with “limited precision and recall” of the details of events many years in the past.

At trial, the report found, “Mr. Biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory.” Thus, the report concluded, it would be “difficult to convince a jury that they should convict him — by then a former president well into his eighties-of a serious felony that requires a mental state of willfulness.”

Given the thoroughness of the document investigation, reported in hundreds of pages of intricate details, including photos of document containers and of Biden in meetings with various folders and documents present at his place (shocking!), the absence of evidence that any of the secret materials were ever disclosed to anyone from a foreign power or otherwise seen by anyone except the ghostwriter assisting Biden in preparing his book manuscripts, the evidence and the evidence alone was a sufficient basis for the declination to prosecute. Indeed, the report makes this point repeatedly. The observations about Biden’s view of himself in history and the suggestion that he would appear to a criminal jury as a kindly doddering old man were gratuitous and completely unnecessary to the critical findings of the investigation.

Mr. Hur cannot possibly be unaware of the hypocritical claims being relentlessly made by Republican supporters of Donald Trump, and by Trump himself, that President Biden is “over the hill” and not mentally competent to serve another term as President. Yet Hur volunteered both his psychoanalysis of what was motivating Biden through his long years of public service and his commentary about how Biden would likely appear to a jury if prosecuted, which, of course, the report found unjustified.

I acknowledge that Hur drew a sharp distinction between President Biden’s response to the document investigation – full and immediate cooperation – with that of Donald Trump – resistance, lies, obstruction”

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.

That brief admission that Biden handled the investigation appropriately in contrast to Donald Trump does not overcome the gratuitous and disingenuous undermining of Biden, given Hur’s presumptive awareness of the currency of the issue in the political arena.

In the circumstances, Mr. Hur’s treatment of Biden’s alleged mental state is grotesquely political. The inclusion of those observations in the report will play out however it does. But Merrick Garland appointed him and enabled this repeat of the Comey experience to undermine another Democratic candidate for president.

Garland bears the ultimate responsibility for this situation and should resign now. He permitted Hur to “weaponize” the investigation into a political attack on President Biden that is enabling paroxysmal enthusiasm among the fascists supporting Trump, characterized as a “political nightmare” and “political disaster” by USAToday. http://tinyurl.com/57hzncsh

Garland diddled around with the Trump insurrection case, resulting in delays that may lead to the 2024 election being held before Trump is tried for public conduct in January 2021, an unconscionable failure. Now this.

It’s time for a new Attorney General.