Hur testifies he ‘did identify evidence’ that ‘pride and money’ motivated Biden to retain classified records

Ex-Special Counsel Robert Hur agreed that he identified evidence that "pride and money" were "strong" motivating factors for President Biden to retain classified records, as the former vice president sought to keep materials to use for a memoir he wrote that brought him $8 million.

House Judiciary Committee Chairman Jim Jordan questioned Hur during a public hearing Tuesday and asked him "why did Joe Biden, in your words, willfully retain and disclose classified material?" 

HUR TESTIFIES BIDEN 'WILLFULLY RETAINED CLASSIFIED MATERIALS,' BUT PROSECUTORS 'HAD TO CONSIDER' MENTAL STATE

"He knew the law. Been in office like 50 years, five decades in the United States Senate; chairman of the Foreign Relations Committee; eight years as vice president; he got briefed every day as vice president; he’s been in the Situation Room," Jordan said. "In fact you know he knew the rules because you said so on page 226." 

Jordan referred to Hur’s report, in which he stated that Biden "was deeply familiar with the measures taken to safeguard classified documents." 

When pressed on why Biden broke those rules, Hur replied that his "conclusion as to exactly why the president did what he did is not one that we explicitly address in the report." 

But Jordan pushed back. 

"I think he did tell us," Jordan said. "I think you told us, Mr. Hur. Page 231. You said this: ‘President Biden had strong motivations,’ that’s a key word. We’re getting to motive now. ‘President Biden had strong motivations to ignore the proper procedures for safeguarding the classified information in his notebooks.’" 

BIDEN RETAINED RECORDS RELATED TO UKRAINE, CHINA; COMER DEMANDS 'UNFETTERED ACCESS' AMID IMPEACHMENT INQUIRY

"Why did he have strong motivations? Because, next word, because he decided months before leaving office to write a book," Jordan said. "That was his motive. He knew the rules. He broke them because he was writing a book." 

Jordan reminded that Hur explained that Biden "began meeting with the ghostwriter" for that book while he was still vice president. 

"There’s the motive," Jordan said. "How much did President Biden get paid for his book." 

Hur noted that the figure is stated in the report, and replied: "It may be $8 million, if that’s accurate." 

"$8 million. Joe Biden had 8 million reasons to break the rules, took classified information, and shared it with the guy who was writing the book," Jordan said. "He knew the rules, but he broke them big for $8 million in a book advance." 

Jordan, quoting Hur’s report, said Biden "viewed his notebooks as an irreplaceable, contemporaneous record of the most important moments of his vice presidency." 

"He’d written this all down for the book, for the $8 million," Jordan said, further quoting Hur’s report which stated: "Such record would buttress his legacy as a world leader." 

Jordan said that the breaking of the rules "wasn’t just the money." 

"It was also his ego," Jordan said. "Pride and money is why he knowingly violated the rules — the oldest motives in the book — pride and money." 

SPECIAL COUNSEL CALLS BIDEN 'SYMPATHETIC, WELL-MEANING, ELDERLY MAN WITH A POOR MEMORY,' BRINGS NO CHARGES

Jordan added: "You agree with that, Mr. Hur? You wrote it in your report." 

Hur replied: "That language does appear in the report. And we did identify evidence supporting those assessments." 

Hur's report said that Biden risked "serious damage" to America's national security when he shared the classified information with the ghostwriter of his book. 

Hur testified that ghostwriter, Mark Zwonitzer, had audio recordings of his conversations with Biden, in which the then-vice president read information from classified records. 

BIDEN FUZZY ON DATES, FUMBLED DETAILS IN INTERVIEWS WITH SPECIAL COUNSEL HUR

With those recordings, though, Hur testified that Zwonitzer "slid those files into his recycle bin on his computer" upon learning that a special counsel had been appointed to investigate the matter.

Jordan asked if the ghostwriter tried to "destroy the evidence." 

"Correct," Hur testified. 

"The very guy who was helping Joe Biden get the $8 million, $8 million Joe Biden used — the motive for Joe Biden to to disclose classified information to retain classified information, which he definitely knew was against the law, When you get named special counsel, what's that guy do? He destroys the evidence," Jordan said. "That's the key take away in my mind. That's the key takeaway." 

Hur testifies Biden ‘willfully retained classified materials,’ but prosecutors ‘had to consider’ mental state

Ex-Special Counsel Robert Hur testified Tuesday that President Biden "willfully retained classified materials," but said he "had to consider" the president’s "memory and overall mental state" when determining whether to bring charges against him.

Hur, who testified publicly before the House Judiciary and Oversight Committees Tuesday, explained that he did not bring charges against the president despite the willful retention of classified records about military and foreign policy in Afghanistan and other countries, among other records related to national security and foreign policy, which Hur said implicated "sensitive intelligence sources and methods."

BIDEN RETAINED RECORDS RELATED TO UKRAINE, CHINA; COMER DEMANDS 'UNFETTERED ACCESS' AMID IMPEACHMENT INQUIRY

"My team and I conducted a thorough, independent investigation," Hur testified. "We identified evidence that the President willfully retained classified materials after the end of his vice presidency, when he was a private citizen." 

"This evidence included an audiorecorded conversation during which Mr. Biden told his ghostwriter that he had ‘just found all the classified stuff downstairs.' When Mr. Biden said this, he was a private citizen speaking to his ghostwriter in his private rental home in Virginia," Hur continued. "We also identified other recorded conversations during which Mr. Biden read classified information aloud to his ghostwriter."

He added, though, that "we did not, however, identify evidence that rose to the level of proof beyond a reasonable doubt. Because the evidence fell short of that standard, I declined to recommend criminal charges against Mr. Biden." 

But Hur said he "needed to explain why" he declined prosecution. 

"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," Hur testified. "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."

SPECIAL COUNSEL CALLS BIDEN 'SYMPATHETIC, WELL-MEANING, ELDERLY MAN WITH A POOR MEMORY,' BRINGS NO CHARGES

Hur, in his report, described Biden as a "sympathetic, well-meaning elderly man with a poor memory" — a description that has raised significant concerns for Biden's 2024 re-election campaign.

"The evidence and the President himself put his memory squarely at issue. We interviewed the President and asked him about his recorded statement, ‘I just found all the classified stuff downstairs.’ He told us that he didn’t remember saying that to his ghostwriter," Hur said. "He also said he didn’t remember finding any classified material in his home after his vice presidency. And he didn’t remember anything about how classified documents about Afghanistan made their way into his garage." 

Hur defended himself, though, saying his 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," Hur testified. "I explained to the Attorney General my decision and the reasons for it. That’s what I was required to do." 

Hur’s opening statement came after House Judiciary Committee Chairman Jim Jordan began the hearing by playing a video of Biden speaking about the former special counsel’s report the day it was released. 

"Mr. Hur produced a 345-page report. But in the end, it boils down to a few key facts. Joe Biden kept classified information," Jordan said. "Joe Biden failed to properly secure classified information. And Joe Biden shared classified information with people he wasn't supposed to. 

"We're going to play a short video of President Biden's press conference after your report was released," Jordan added. "Because there's things in this press conference that the United States says that are directly contradicted by what you found in your report." 

A transcript of President Biden's interviews with Robert Hur appears to contradict Biden's claim that the former Special Counsel had asked him about the date of Beau Biden's death. 

BIDEN FUZZY ON DATES, FUMBLED DETAILS IN INTERVIEWS WITH SPECIAL COUNSEL HUR

But Ranking Member Jerrold Nadler, D-N.Y., blasted former President Trump — who was charged by Special Counsel Jack Smith related to his alleged mishandling of classified records. Trump pleaded not guilty. 

The former president and presumptive 2024 GOP nominee posted on Truth Social before Hur’s testimony, saying the Justice Department gave Biden a "free pass." 

"Big day in Congress for the Biden Documents Hoax," Trump wrote on his Truth Social account. "He had many times more documents, including classified documents, than I, or any other president, had. He had them all over the place, with ZERO supervision or security. He does NOT come under the Presidential Records Act, I DO."

"The DOJ gave Biden, and virtually every other person and President, a free pass. Me, I’m still fighting!!!" Trump added.

Trump, on the other hand, was charged out of Special Counsel Jack Smith's investigation related to his retention of classified materials. Trump pleaded not guilty to all 37 felony charges out of Smith's probe. The charges include willful retention of national defense information, conspiracy to obstruct justice and false statements. 

Nadler played a video of clips of Trump speaking, putting into question his "mental state." 

"That is a man who is incapable of avoiding criminal liability. A man who is wholly unfit for office… a man who, at the very least ought to think twice before accusing others of cognitive decline," Nadler said of Trump, adding that Hur’s report "represents the complete and total exoneration of President Biden." 

Meanwhile, House Oversight Committee Chairman James Comer, R-Ky., in his opening statement reminded that his panel has subpoenaed ex-White House counsel Dana Remus, and tied Hur’s testimony into the larger House impeachment inquiry against the president. 

Comer, for months, has been demanding answers on whether the classified records Biden improperly retained were related to countries that his family did business with. 

House Oversight Committee Ranking Member Jamie Raskin, D-Md., though, piggy-backed Nadler’s opening statement, bringing the conversation back to Donald Trump. 

This is a developing story. Please check back for updates. 

Hur testifies Biden ‘willfully retained classified materials,’ but prosecutors ‘had to consider’ mental state

Ex-Special Counsel Robert Hur testified Tuesday that President Biden "willfully retained classified materials," but said he "had to consider" the president’s "memory and overall mental state" when determining whether to bring charges against him.

Hur, who testified publicly before the House Judiciary and Oversight Committees Tuesday, explained that he did not bring charges against the president despite the willful retention of classified records about military and foreign policy in Afghanistan and other countries, among other records related to national security and foreign policy, which Hur said implicated "sensitive intelligence sources and methods."

BIDEN RETAINED RECORDS RELATED TO UKRAINE, CHINA; COMER DEMANDS 'UNFETTERED ACCESS' AMID IMPEACHMENT INQUIRY

"My team and I conducted a thorough, independent investigation," Hur testified. "We identified evidence that the President willfully retained classified materials after the end of his vice presidency, when he was a private citizen." 

"This evidence included an audiorecorded conversation during which Mr. Biden told his ghostwriter that he had ‘just found all the classified stuff downstairs.' When Mr. Biden said this, he was a private citizen speaking to his ghostwriter in his private rental home in Virginia," Hur continued. "We also identified other recorded conversations during which Mr. Biden read classified information aloud to his ghostwriter."

He added, though, that "we did not, however, identify evidence that rose to the level of proof beyond a reasonable doubt. Because the evidence fell short of that standard, I declined to recommend criminal charges against Mr. Biden." 

But Hur said he "needed to explain why" he declined prosecution. 

"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," Hur testified. "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."

SPECIAL COUNSEL CALLS BIDEN 'SYMPATHETIC, WELL-MEANING, ELDERLY MAN WITH A POOR MEMORY,' BRINGS NO CHARGES

Hur, in his report, described Biden as a "sympathetic, well-meaning elderly man with a poor memory" — a description that has raised significant concerns for Biden's 2024 re-election campaign.

"The evidence and the President himself put his memory squarely at issue. We interviewed the President and asked him about his recorded statement, ‘I just found all the classified stuff downstairs.’ He told us that he didn’t remember saying that to his ghostwriter," Hur said. "He also said he didn’t remember finding any classified material in his home after his vice presidency. And he didn’t remember anything about how classified documents about Afghanistan made their way into his garage." 

Hur defended himself, though, saying his 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," Hur testified. "I explained to the Attorney General my decision and the reasons for it. That’s what I was required to do." 

Hur’s opening statement came after House Judiciary Committee Chairman Jim Jordan began the hearing by playing a video of Biden speaking about the former special counsel’s report the day it was released. 

"Mr. Hur produced a 345-page report. But in the end, it boils down to a few key facts. Joe Biden kept classified information," Jordan said. "Joe Biden failed to properly secure classified information. And Joe Biden shared classified information with people he wasn't supposed to. 

"We're going to play a short video of President Biden's press conference after your report was released," Jordan added. "Because there's things in this press conference that the United States says that are directly contradicted by what you found in your report." 

A transcript of President Biden's interviews with Robert Hur appears to contradict Biden's claim that the former Special Counsel had asked him about the date of Beau Biden's death. 

BIDEN FUZZY ON DATES, FUMBLED DETAILS IN INTERVIEWS WITH SPECIAL COUNSEL HUR

But Ranking Member Jerrold Nadler, D-N.Y., blasted former President Trump — who was charged by Special Counsel Jack Smith related to his alleged mishandling of classified records. Trump pleaded not guilty. 

The former president and presumptive 2024 GOP nominee posted on Truth Social before Hur’s testimony, saying the Justice Department gave Biden a "free pass." 

"Big day in Congress for the Biden Documents Hoax," Trump wrote on his Truth Social account. "He had many times more documents, including classified documents, than I, or any other president, had. He had them all over the place, with ZERO supervision or security. He does NOT come under the Presidential Records Act, I DO."

"The DOJ gave Biden, and virtually every other person and President, a free pass. Me, I’m still fighting!!!" Trump added.

Trump, on the other hand, was charged out of Special Counsel Jack Smith's investigation related to his retention of classified materials. Trump pleaded not guilty to all 37 felony charges out of Smith's probe. The charges include willful retention of national defense information, conspiracy to obstruct justice and false statements. 

Nadler played a video of clips of Trump speaking, putting into question his "mental state." 

"That is a man who is incapable of avoiding criminal liability. A man who is wholly unfit for office… a man who, at the very least ought to think twice before accusing others of cognitive decline," Nadler said of Trump, adding that Hur’s report "represents the complete and total exoneration of President Biden." 

Meanwhile, House Oversight Committee Chairman James Comer, R-Ky., in his opening statement reminded that his panel has subpoenaed ex-White House counsel Dana Remus, and tied Hur’s testimony into the larger House impeachment inquiry against the president. 

Comer, for months, has been demanding answers on whether the classified records Biden improperly retained were related to countries that his family did business with. 

House Oversight Committee Ranking Member Jamie Raskin, D-Md., though, piggy-backed Nadler’s opening statement, bringing the conversation back to Donald Trump. 

This is a developing story. Please check back for updates. 

Live coverage: House GOP hearing on just how old Biden is

The House Judiciary Committee, led by Republican Jim Jordan, is holding its latest hearing Tuesday to investigate President Joe Biden for … something. Anything.

This hearing features former special counsel Robert Hurt, selected by Attorney General Merrick Garland to investigate classified documents found at Biden’s home. In his report, Hur concluded that Biden had cooperated with officials and wasn’t subject to changes.

However, Hur also infamously included lines such as one saying that Biden presents as "a sympathetic, well-meaning, elderly man with a poor memory." Many of Hur’s statements fed into the Biden-so-old narrative that the Republican Party—and the national media—seem determined to make the “but her emails of 2024.”

Hur reportedly left the Department of Justice recently and will be testifying as a private citizen. How this will affect his testimony is unclear.

Join Daily Kos for live coverage.

UPDATE: Tuesday, Mar 12, 2024 · 6:38:59 PM +00:00 · Mark Sumner

Low-energy questioning from Rep. Ben Cline that, like a lot of the moments today, is little more than just reading parts of the public report. He runs out of steam somewhere along the line without even seeming to convince himself.

UPDATE: Tuesday, Mar 12, 2024 · 6:35:00 PM +00:00 · Mark Sumner

Ivey asks about Moran’s scummy use of “guardianship.” 

Funny moment as Jordan interjects then claims he can’t yield, because “it’s not my time.”

Ivey: You’re speaking, but it’s not your time?

UPDATE: Tuesday, Mar 12, 2024 · 6:32:53 PM +00:00 · Mark Sumner

Rep. Glenn Ivey just walking Hur through the actions that Biden took in cooperation, and how this was the “opposite” of actions taken by Trump. 

This is the part of the story all the Republicans in the room will ignore. Again.

UPDATE: Tuesday, Mar 12, 2024 · 6:23:56 PM +00:00 · Mark Sumner

The House is now debating a bill concerning how the federal government rents office space. It sounds innocuous, but it surely contains some black hole of unfettered evil. Because with this House, it wouldn’t be getting a vote without a big dollop of ick.

After this, the House will debate a bill that provides a meaningless finger-wag of disdain for Biden's immigration policies, without doing a thing to change any of those policies. Which, honestly, seems like the perfect way to take time out from an equally meaningless hearing.

Hang in there.

UPDATE: Tuesday, Mar 12, 2024 · 6:13:41 PM +00:00 · Mark Sumner

The House is now voting on bringing a couple of bills to the floor, neither of which is earth-shaking. However, there’s a pretty hefty set of items on the list of items that could be considered under suspension. So … we wait.

Moran was genuinely slimy. I foresee a future in Republican leadership.

UPDATE: Tuesday, Mar 12, 2024 · 5:52:05 PM +00:00 · Mark Sumner

Now the hearing is in a recess while the House carries out some votes. The recess will last until ten minutes after the last vote, which will be … we don’t know. Stay tuned.

UPDATE: Tuesday, Mar 12, 2024 · 5:50:48 PM +00:00 · Mark Sumner

Rep. Nathaniel Moran is showing why he is this far down the charts because he starts off by repeating things that a half dozen Republicans have already covered. However, he shows his desire to rise up the MAGA ranks with a ridiculous contention that  Biden is “incapacitated” and talking about “guardianships” as he suggests Biden can’t manage his personal finances.

In other words, he’s being a rat bastard.

UPDATE: Tuesday, Mar 12, 2024 · 5:46:47 PM +00:00 · Mark Sumner

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UPDATE: Tuesday, Mar 12, 2024 · 5:45:22 PM +00:00 · Mark Sumner

Rep. Cori Bush doesn’t bother to question Hur. Instead, she spends her minutes pointing out that this “investigation,” like the mock impeachment investigation, is a waste of time that consumes Congress’ time and is being done for no reason other than to help Trump.

UPDATE: Tuesday, Mar 12, 2024 · 5:43:14 PM +00:00 · Mark Sumner

Rep. Kelly Amstrong follows in the same groove already worn down by previous Republican reps — trying to equate Biden’s accidental retention of documents and his open cooperation with the government, with Trump’s deliberate retention and open hostility to attempts to retrieve documents.

UPDATE: Tuesday, Mar 12, 2024 · 5:39:12 PM +00:00 · Joan McCarter

Jordan is trying to get Hur to say that DOJ should give Congress the tapes of all the interviews conducted in his investigation. Hur says he’s not with the DOJ anymore, so no, he can’t really say. He does say audio recordings were part of the information he used to make the report, which Jordan uses to say that means Congress should have everything. So get ready for more Jordan subpoenas and more pointless hearings about the DOJ’s weaponization of information.

UPDATE: Tuesday, Mar 12, 2024 · 5:32:20 PM +00:00 · Joan McCarter

Rep. Deborah Ross, North Carolina Democrat, quips that Hur has been testifying for nearly three and a half hours, almost as long as Biden spent talking to him.

UPDATE: Tuesday, Mar 12, 2024 · 5:30:20 PM +00:00 · Joan McCarter

Lee seems to be trying to find anything at all that Biden could be charged for. It ain’t there. Hur is engaging the hypotheticals, but not giving her much.

UPDATE: Tuesday, Mar 12, 2024 · 5:28:38 PM +00:00 · Joan McCarter

We’re down to the “who?” Republican members. Now it’s Florida’s Laurel Lee asking a question designed to allow her to repeat “elderly, well-meaning man.” Now she’s going down a weird road, befuddling Hur, on obstruction of justice. Now sure what line she’s following here. 

UPDATE: Tuesday, Mar 12, 2024 · 5:23:09 PM +00:00 · Joan McCarter

Rep. Veronica Escobar, Texas Democrat, is pointing out that Trump’s documents at Mar-a-Lago were “accessible by tens of thousands of people.” Asks if Joe Biden provided access to tens of thousands of people to the documents he had. Of course that’s a no. 

UPDATE: Tuesday, Mar 12, 2024 · 5:21:00 PM +00:00 · Joan McCarter

Good lord. Hageman is doing “but her emails!” Why wasn’t Hillary prosecuted. These people.

UPDATE: Tuesday, Mar 12, 2024 · 5:19:12 PM +00:00 · Joan McCarter

They just can’t let it go. Lots of questions from Wyoming GOP member Harriet Hageman on Trump’s “condition.” She’s going for the “evil mastermind” Biden who knew he was stealing documents—he “understood” he could not keep it—Hur isn’t giving Hageman (who replaced Liz Cheney, way to go Wyoming) much help.

UPDATE: Tuesday, Mar 12, 2024 · 5:14:00 PM +00:00 · Joan McCarter

Rep. Dean is putting Trump’s indictments into the record, as well as the transcript in which Biden did remember the day his son died. Remember, Hur did not take the opportunity to correct the record.

And now Democratic Rep. Lucy McBath of Georgia, is once again hitting Trump’s mishandling of documents. Goes on to get Hur to answer yes or no to exculpatory conclusions for Biden.

UPDATE: Tuesday, Mar 12, 2024 · 5:06:39 PM +00:00 · Joan McCarter

GOP Rep. Kevin Kiley, Calif., not really scoring any points here from Hur. He won’t deviate from what’s in the report. And Kiley is doing his best to put words in Hur’s mouth. 

UPDATE: Tuesday, Mar 12, 2024 · 5:03:48 PM +00:00 · Joan McCarter

Rep. Dean—she has the transcript and asks Hur to correct the record on Biden forgetting the date of his son Beau’s death. Hur won’t.

UPDATE: Tuesday, Mar 12, 2024 · 5:01:28 PM +00:00 · Joan McCarter

Another Democrat, Madelaine Dean, Penn., once again getting Hur to reiterate that his decision to not prosecute was based on the lack of evidence. And again  makes the contrast to Trump, asking Hur to read the words from his report about Trump’s obstruction. Hur tries to get Dean to read all of it instead, she tells him “it’s your report,” you can read it. That was helpful--straight from the horse’s mouth.

UPDATE: Tuesday, Mar 12, 2024 · 4:58:18 PM +00:00 · Joan McCarter

Jordan forgot to turn his mic on for his latest question. The single best thing Jordan has ever done, yelling into a dead mic. He’s trying to draw Hur out on impressions of Biden. Here Hur is being a little more forthcoming on the memory lapses.

UPDATE: Tuesday, Mar 12, 2024 · 4:55:37 PM +00:00 · Joan McCarter

Alabama Republican Rep. Barry Moore is going through presidential history of classified document handling. He’s going to use his time to attack special counsel Jack Smith who’s investigating Trump. Hur won’t, of course, comment. But Moore is going to use his time to smear Smith anyway.

UPDATE: Tuesday, Mar 12, 2024 · 4:52:41 PM +00:00 · Joan McCarter

We’re back to procedure with Democratic Rep. Joe Neguse of Colo. He’s getting Hur to reiterate that there was no interference, resistance from AG Garland and that Garland did not modify his report. Hur agrees—none of that happened.

Neguse contrasts with how AG Bil Barr handled the Mueller report against Trump. Hur agrees, the AGs did not conducted that report the same way. “I was able to conduct a fair, thorough investigation,” Hur says, not influenced by Garland.

UPDATE: Tuesday, Mar 12, 2024 · 4:44:27 PM +00:00 · Joan McCarter

How bad is Biden’s memory? asks GOP Rep. Cliff Bentz from Oregon. At least he’s not a yeller.

UPDATE: Tuesday, Mar 12, 2024 · 4:41:32 PM +00:00 · Joan McCarter

Rep. Mary Scanlon, Democrat from Pennsylvania, again walking Hur through his conclusions and his focus in the report about Biden’s cooperation vs. Trump’s alleged obstruction.

Scanlon pointing out that plenty of witnesses don’t remember exactly details from years ago, and showing another video of Trump saying in depositions that he didn’t remember when he married Marla Maples, when he owned certain properties, etc. 

UPDATE: Tuesday, Mar 12, 2024 · 4:38:25 PM +00:00 · Joan McCarter

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UPDATE: Tuesday, Mar 12, 2024 · 4:37:12 PM +00:00 · Joan McCarter

Meanwhile:

“What month did Beau die? Oh God, May 30,” he said, naming the correct day, according to a transcript of the exchange reviewed by The Washington Post. Not a good look for Hur… https://t.co/MOR1uAAOmU

— Tim Miller (@Timodc) March 12, 2024

UPDATE: Tuesday, Mar 12, 2024 · 4:34:24 PM +00:00 · Joan McCarter

No subtlety from GOP Rep. Scott Fitzgerald, Wisc.: Is Biden senile? Hur is not going to go there. 

UPDATE: Tuesday, Mar 12, 2024 · 4:31:49 PM +00:00 · Joan McCarter

Rep. Lou Correa, Calif., now up for Democrats, and again draws out Hur on the Trump/Biden contrasts in handling of classified documents. Hammering this again and again, which Jordan had to know was going to happen. He apparently thought he would have a sympathetic witness in Hur. If so, he thought wrong.

UPDATE: Tuesday, Mar 12, 2024 · 4:25:28 PM +00:00 · Joan McCarter

GOP Rep. Tom Tiffany, Wisc. going back to Jordan’s questions about how the White House tried to get the parts about Biden being old edited out of the document (which didn’t happen) as another opportunity to talk about how old Biden is.

UPDATE: Tuesday, Mar 12, 2024 · 4:23:02 PM +00:00 · Joan McCarter

Democrat Ted Lieu, Calif., is now up and focusing again on the contrast with Trump’s behavior---lying to investigators, trying to hide documents, etc. 

Really, what did Republicans think in calling this hearing? Did they really think no one would notice that part of the report, the part that damns Trump?

UPDATE: Tuesday, Mar 12, 2024 · 4:20:03 PM +00:00 · Joan McCarter

Back to Jordan. “Did the White House get the report before the report went public? … Did the White House try to get the report changed?” Did the White House go over his head to AG Garland to get changes made in the report? Hur simply says they can write to whoever they want. 

UPDATE: Tuesday, Mar 12, 2024 · 4:16:47 PM +00:00 · Joan McCarter

GOP Rep. Victorial Spartz of Indiana just using her time to focus on the “sympathetic old man” language. Of course.

UPDATE: Tuesday, Mar 12, 2024 · 4:14:50 PM +00:00 · Joan McCarter

Jayapal making him repeat the words from his report that there was not sufficient evidence to convict. 

UPDATE: Tuesday, Mar 12, 2024 · 4:12:31 PM +00:00 · Joan McCarter

Democrat Pramila Jayapal of Washington now up. Hur fighting with Jayapal about the use of the word “exoneration,” which she used. Notably, Jayapal is the first woman to question him, and is the only lawmaker he has talked over, interrupted, and man-splained to.

UPDATE: Tuesday, Mar 12, 2024 · 4:09:48 PM +00:00 · Joan McCarter

Now Bishop is being cranky that the DOJ released the transcripts. They did it too late, he says.

UPDATE: Tuesday, Mar 12, 2024 · 4:07:56 PM +00:00 · Joan McCarter

Next up, GOP Rep. Dan Bishop, NC. He seems to be trying that Biden doesn’t understand the differences between “confidential,” “secret,” “top secret” in classified information. 

UPDATE: Tuesday, Mar 12, 2024 · 4:05:38 PM +00:00 · Joan McCarter

Swalwell pulls out a bit from the transcript, where Hur tells Biden he seems to have a “photographic” recall of the house—not sure of the context—and points out that was not included in the report, then includes another video compilation of Trump mangling the English language.

UPDATE: Tuesday, Mar 12, 2024 · 4:01:34 PM +00:00 · Joan McCarter

Now up, Democratic Rep. Eric Swalwell of California. Swalwell first commends him for his immigrant story, with a dig at Republicans on immigration. Then he details the criminal indictments and allegations against Trump. Asks Hur if he would pledge to not accept another appointment from Trump if he wins again. Hur won’t.

UPDATE: Tuesday, Mar 12, 2024 · 3:59:26 PM +00:00 · Joan McCarter

Okay, Biggs is going with the “evil mastermind” narrative for Biden. They really are not on the same page here.

UPDATE: Tuesday, Mar 12, 2024 · 3:56:41 PM +00:00 · Joan McCarter

Now we’ve got Freedom Caucus maniac Andy Biggs of Arizona. He’s trying to get Hur to say that while there wasn’t “willful” conduct by Biden, but sloppiness. Not sure what Biggs is trying to draw out with this. 

UPDATE: Tuesday, Mar 12, 2024 · 3:53:37 PM +00:00 · Joan McCarter

Hur insists that in order to provide a complete report he had to include the partisan hit job material. Schiff is not letting it go. Schiff: “you made a choice, a political choice.”

UPDATE: Tuesday, Mar 12, 2024 · 3:52:13 PM +00:00 · Joan McCarter

Now we’ve got Rep. Adam Schiff of California, blasting Hur for including the bits about Biden’s memory. “You could have written the report just focusing on the documents, but you included the words about Biden’s memory … creating a political firestorm.” Schiff has a big poster of Trump’s Mar-a-Lago bathroom full of boxes behind him.

He’s hitting Hur hard on the gratuitous inclusion of the memory stuff, which Schiff says is “prejudicial and subjective,” and deliberately included in the report for Republicans to use.

UPDATE: Tuesday, Mar 12, 2024 · 3:48:47 PM +00:00 · Joan McCarter

Van Drew is calling Biden “cognitively impaired” but crafty in establishing his legacy. They’re not doing a very good job making their case.

UPDATE: Tuesday, Mar 12, 2024 · 3:47:05 PM +00:00 · Joan McCarter

Another Republican, Jeff Van Drew from NJ, is cherry-picking from the report to damn Biden and say his a criminal, and hitting the “well-meaning, forgetful old man,” repeatedly. Again with the double standards of justice. Hur won’t play along.

UPDATE: Tuesday, Mar 12, 2024 · 3:43:49 PM +00:00 · Joan McCarter

Democratic Rep. Hank Johnson, Georgia, laying out Hur’s conservative, Federalist Society credibility, as a Trump US Attorney. Pointing out that Garland appointed him as special counsel on this matter, and that Garland did not direct him in his investigation. He’s doing a good job of establishing the credibility of Garland and of Hur, establishing again---with Hur---there is no “two tiers of justice” as Republicans insist.

Now Johnson hitting Hur for including the gratuitous bits about Biden’s senility for partisanship. Hur angrily rejects that, the first response beyond the “it’s in the report” answers.

UPDATE: Tuesday, Mar 12, 2024 · 3:38:23 PM +00:00 · Joan McCarter

Here’s Raskin, the highlight of this charade so far:

Raskin: This is a memory test. It's not a memory test for President Biden. It's a memory test for all of America. Do we remember fascism? Do we remember naziism? Communism and totalitarianism? Have we forgotten sacrifices of our parents and grandparents pic.twitter.com/qVKQaKWR1F

— Acyn (@Acyn) March 12, 2024

UPDATE: Tuesday, Mar 12, 2024 · 3:36:39 PM +00:00 · Joan McCarter

GOP Rep. Darrell Issa of Calif. now up. He says he’s not going to play prosecutor or make stuff up, pretending to be reasonable but also slipping in that “Biden is old” narrative. Issa trying to get Hur to say whether he thinks Biden has a history back to the Senate of mishandling info. Hur won’t. 

“In this case, did you conclude that Biden was ‘outright innocent.’” Hur again points Issa to the report.

UPDATE: Tuesday, Mar 12, 2024 · 3:32:52 PM +00:00 · Joan McCarter

Cohen chastises Gaetz for his “senile” slurs.

UPDATE: Tuesday, Mar 12, 2024 · 3:32:09 PM +00:00 · Joan McCarter

Democrat Steve Cohen, Tennessee, now up, commending Hur and the DOJ for doing its job. He’s getting Hur on the record to say that Attorney General Merrick Garland was fair and impartial in allowing Hur to conduct the investigation. Hur agrees. 

Cohen tries to get Hur to say that he didn’t decide not charge Biden because of his memory but because the evidence wasn’t there. Hur won’t go beyond what’s in the report.

UPDATE: Tuesday, Mar 12, 2024 · 3:27:15 PM +00:00 · Joan McCarter

Hur so far isn’t giving the GOP much. He’s not going beyond the report.

UPDATE: Tuesday, Mar 12, 2024 · 3:25:56 PM +00:00 · Joan McCarter

Oh joy, now it’s Rep. Matt Gaetz, competing with Jordan in the yelling. He’s trying to get Hur to say Biden lied to him. Gaetz keeps repeating the phrase “senile cooperator theory,” and “the elevators not going to the top floor” and whether Biden is being “crafty.”

So Gaetz is now saying that “old Biden” is just an act to cover up his evil-doing. Now he’s trying to say that the Chinese own the Penn Biden Center?

UPDATE: Tuesday, Mar 12, 2024 · 3:20:24 PM +00:00 · Joan McCarter

Rep. Sheila Jackson Lee, Democrat of Texas, reiterates that the interviews occurred in the hours after the crisis in Israel and Biden cooperated and gave hours to the interview. She’s detailing the process and procedure of the investigation, establishing the thoroughness of the investigation and Hur’s conclusions.

UPDATE: Tuesday, Mar 12, 2024 · 3:17:07 PM +00:00 · Joan McCarter

Comer is trying to make a case that Biden White House employees were visiting the Penn Biden Center before classified documents were held. Hur doesn’t really help here. Comer apparently tried to make the case that Biden directed some kind of cover-up or something. Hur wouldn’t go along with him.

UPDATE: Tuesday, Mar 12, 2024 · 3:14:54 PM +00:00 · Joan McCarter

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UPDATE: Tuesday, Mar 12, 2024 · 3:13:06 PM +00:00 · Joan McCarter

Now Comer is going on about “Biden family activities.” He’s just not going to let it go. Hur won’t speak to anything beyond what is in his report.

UPDATE: Tuesday, Mar 12, 2024 · 3:10:32 PM +00:00 · Joan McCarter

Raskin’s statement is excellent and too fast to transcribe. 

"They were looking for high crimes and misdemeanors. Now they appoint themselves amateur memory specialists."
UPDATE: Tuesday, Mar 12, 2024 · 3:09:28 PM +00:00 · Joan McCarter

Raskin hitting again the contrast between Trump and Biden, and making Hur reiterate his findings distinguishing the two.

Raskin is hitting GOP hard for making this a “memory test” for Biden, while the GOP is forgetting the lessons of fascism, of the world’s experience with dictators. 

UPDATE: Tuesday, Mar 12, 2024 · 3:06:22 PM +00:00 · Joan McCarter

“Pride and money,” Jordan says. Yeah, about that $1 million in book proceeds that went to charity…. 

Now Jordan’s going after the ghost-writer who tried to destroy evidence by deleting interview recordings. And about Mr. Trump? Jordan isn’t going to go there.

UPDATE: Tuesday, Mar 12, 2024 · 3:03:51 PM +00:00 · Joan McCarter

Now Jordan is getting shouty. “Why did he do it?” Talks about Biden’s 50 years in public services (see, he’s old!). “Joe Biden knew the rules … why did he break them?” Of course Hur couldn’t answer that. 

But Jordan reads that Biden had “strong motivation” to hold onto the documents because he was writing a book. “How much did Biden earn for writing that book? …. $8 million.” So now Biden isn’t old, he’s greedy.

UPDATE: Tuesday, Mar 12, 2024 · 3:00:14 PM +00:00 · Joan McCarter

Now up, Democratic Rep. Zoe Lofgren, California. She points out that even President Reagan kept his presidential diaries that could have had classified info. The “Reagan precedent” applies to the notebooks Biden kept. Did Biden assert any of his documents where “personal property”? Hur says basically no. Lofgren again compares Trump—he claimed the documents were his. Then Lofgren again reads from the report, the comparison between Trump and Biden and their levels of cooperation. Again, making the point that “these cases are not the same.” Which will probably be the only story out of this fiasco of a hearing, not that it will stop the GOP.

UPDATE: Tuesday, Mar 12, 2024 · 2:55:46 PM +00:00 · Joan McCarter

Republicans are going to have a hard time making the argument that the Trump prosecution is unfair and politically motivated by the Biden administration with the actual report. Which lays out all the stuff that Trump did.

UPDATE: Tuesday, Mar 12, 2024 · 2:54:22 PM +00:00 · Joan McCarter

Reporters are going through the transcript of Biden’s interview with Hur. Look at what a monster we have for a president:

President Biden testified to Hur that he doesn't even own individual stocks and gave $1 million in book proceeds to charity pic.twitter.com/xGOM9L47xB

— Aaron Rupar (@atrupar) March 12, 2024

UPDATE: Tuesday, Mar 12, 2024 · 2:52:46 PM +00:00 · Joan McCarter

Now we’ve got Rep. Tom McClintock being outraged that Biden had classified documents in his garage. He’s equating Trump’s mishandling with Biden’s and saying that it’s a double standard. “The only person being prosecuted for this offense is a political rival of the president.”

Hur says he laid out the contrast in his report and he’s not going to go beyond what was included here.

UPDATE: Tuesday, Mar 12, 2024 · 2:50:22 PM +00:00 · Joan McCarter

Nadler continues with the Trump comparison. Did Biden lie or direct his staff to lie? No. Did he attempt to hide documents or get his staff to do it? No. 

“Donald Trump is charged” with his mishandling of documents, and “President Biden is not being charged” because Hur could not prove he committed a crime.

UPDATE: Tuesday, Mar 12, 2024 · 2:48:05 PM +00:00 · Joan McCarter

Now Nadler is up with his questions. Points out that Hur did not find evidence that rose to the level of prosecution. “You can’t be a ‘little bit’ charged for a crime. You’re charged or you’re not.” Hur admits that yes, there was not enough to charge him.

Now Nadler turns to the comparison with Trump---Biden “quickly and voluntarily” returned the documents when made aware of them, and the DOJ had to get a warrant to search Mar-a-Lago.

UPDATE: Tuesday, Mar 12, 2024 · 2:43:53 PM +00:00 · Joan McCarter

Armstrong is pushing really hard to try to get Hur to say Biden is a criminal.

UPDATE: Tuesday, Mar 12, 2024 · 2:42:56 PM +00:00 · Joan McCarter

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UPDATE: Tuesday, Mar 12, 2024 · 2:41:44 PM +00:00 · Joan McCarter

Rep. Kelly Armstrong from North Dakota detailing all the places they found documents and calls Biden the “defendant” and also keeps talking about the “crime.” Biden is not a defendant, by the way. Because this guy that they’re interviewing, the DOJ special counsel, said "We did not, however, identify evidence that rose to the level of proof beyond a reasonable doubt."

UPDATE: Tuesday, Mar 12, 2024 · 2:38:15 PM +00:00 · Joan McCarter

Now Hur is getting into the “old” bit, the president’s state of mind, memory, mental state, and how a jury would consider all that if he brought charges. Hur hitting Biden for saying “he didn’t remember” the discussion with his ghost-wirter, having the classifed documents. Said he had to put in those concerns about Biden’s mental acuity to explain why he was not bringing charges.

UPDATE: Tuesday, Mar 12, 2024 · 2:35:58 PM +00:00 · Joan McCarter

Explains the evidence that Biden willfully held classified documents, including tapes of discussions with his ghost-writer about how he discovered the documents in his home. 

UPDATE: Tuesday, Mar 12, 2024 · 2:33:42 PM +00:00 · Joan McCarter

Now Robert Hur is up for his opening statement. Starts with his resume, speaking about how is family immigrated from Korea and his love for the country. Says he has done his job with complete impartiality.

UPDATE: Tuesday, Mar 12, 2024 · 2:31:16 PM +00:00 · Joan McCarter

“Given that this report is so damning” against Trump, Raskin says, it’s hard to see what Jordan and team think they’ll get out of this to hurt Biden.

UPDATE: Tuesday, Mar 12, 2024 · 2:30:02 PM +00:00 · Joan McCarter

Now Democratic Rep. Jamie Raskin is up. He’s making a good point that the five hour interview Biden gave Hur came the day after the Hamas attack on Israel on Oct. 7, that he was multi-tasking. And again, reads directly from the Hur report contrasting Trump’s conduct with Biden’s.

UPDATE: Tuesday, Mar 12, 2024 · 2:27:37 PM +00:00 · Joan McCarter

The DOJ has released the transcript of the interview. That’s pretty much all from Comer that matters.

UPDATE: Tuesday, Mar 12, 2024 · 2:25:46 PM +00:00 · Joan McCarter

Now up is Rep. James Comer, chair of the other impeaching committee—Oversight. Who knows what conspiracy theories he’s going to cook up with a microphone in front of him. 

UPDATE: Tuesday, Mar 12, 2024 · 2:23:17 PM +00:00 · Joan McCarter

Ooooh, Nadler brings his own video. A montage of Trump saying he doesn’t remember people from his administration, how long he was married to Marla Maples, thinking he beat Obama and the total nonsense he spouts at his rallies.

UPDATE: Tuesday, Mar 12, 2024 · 2:20:35 PM +00:00 · Joan McCarter

Nadler continues: “Biden had the mental acuity to navigate this situation. Donald Trump did not.”

UPDATE: Tuesday, Mar 12, 2024 · 2:19:14 PM +00:00 · Joan McCarter

Ranking member Rep. Jerry Nadler, New York, follows with his opening statement, pointing immediately to the part of the report that was particularly damning for Donald Trump--the comparison between how Biden and Trumped handled classified information. He’s reading the extensive section from the report talking about how Trump kept records in his bathroom. Expect Democrats to hammer on that. 

UPDATE: Tuesday, Mar 12, 2024 · 2:16:55 PM +00:00 · Joan McCarter

This is why Jordan is showing the clip—Biden saying “Mexico” when he meant “Egypt,” never mind that the rest of the statement was cogent substantive.

UPDATE: Tuesday, Mar 12, 2024 · 2:14:09 PM +00:00 · Joan McCarter

Not sure that showing this clip does Jordan a lot of good, since Biden answered questions pretty well there, was sharp. What it does show is the feeding frenzy of the press corps on that one sentence in Hur’s report, the “elderly man with a poor memory.”

UPDATE: Tuesday, Mar 12, 2024 · 2:11:21 PM +00:00 · Joan McCarter

Chairman Jim Jordan jumps right in with the “old” bit from Robert Hur’s report. Is now showing a clip of President Biden’s press conference following the release of the report, handling questions from the press asking about his age and possible senility. 

Biden fuzzy on dates, fumbled details in interviews with Special Counsel Hur

Transcripts of President Biden's interviews with former Special Counsel Robert Hur show the president repeatedly told prosecutors he did not know how classified documents ended up in his home and offices. 

More than five hours of Biden's interviews were turned over to Congress by the Justice Department on Tuesday, hours before Hur is set to testify to the House Judiciary Committee on his investigation into the Democratic president's handling of classified documents. The interview transcripts show Biden was at times fuzzy about dates as he recalled decades-old stories. 

"I have no idea," Biden said when asked how classified information ended up at his Delaware home and former Penn Biden Center office in Washington, D.C. The president added that had he known the documents were there, he would have returned them to the government.

The president did acknowledge that he intentionally kept his personal diaries — which officials said contained classified information. Biden insisted they were his own property, a claim also asserted by previous presidents and vice presidents, and that he had a right to keep them.

SPECIAL COUNSEL ROBERT HUR TO TESTIFY PUBLICLY ON FINDINGS FROM BIDEN CLASSIFIED RECORDS PROBE

Biden said that he left it to his staff to safeguard classified information that was presented to him, often leaving papers on his desk in heaps for aides to sort through and secure.

"I never asked anybody," Biden said. He noted that many of his staff had worked with him for years, to the point where they didn't need direction from him. "It just — it just got done. I don’t know. I can’t remember who."

Hur, in his report on President Biden’s alleged improper retention of classified records, did not recommend criminal charges against Biden. 

"We conclude that no criminal charges are warranted in this matter," said the report, which was released in early February. "We would reach the same conclusion even if the Department of Justice policy did not foreclose criminal charges against a sitting president." 

The special counsel infamously described Biden as "a sympathetic, well-meaning, elderly man with a poor memory."  

Hur stood by those remarks in his prepared testimony to the Judiciary Committee. He will say his report "reflects my best effort to explain why I declined to recommend charging President Biden."

BIDEN RETAINED RECORDS RELATED TO UKRAINE, CHINA; COMER DEMANDS 'UNFETTERED ACCESS' AMID IMPEACHMENT INQUIRY

"My assessment in the report about the relevance of the President’s memory was necessary and accurate and fair," Hur wrote in a copy of the remarks obtained by Fox News. "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."

Confusion over the timing of the death of Biden's adult son Beau — who died May 30, 2015 — was highlighted by Hur in his report as an example of the president's memory lapses. But the transcript shows that Hur never asked Biden about his son specifically, as a visibly angry Biden had suggested in comments to reporters the day the report was released.

"How in the hell dare he raise that," Biden said of Hur. "Frankly, when I was asked the question, I thought to myself it wasn’t any of their damn business."

However, the transcript shows that Biden recalled the interview incorrectly.

SPECIAL COUNSEL CALLS BIDEN 'SYMPATHETIC, WELL-MEANING, ELDERLY MAN WITH A POOR MEMORY,' BRINGS NO CHARGES

Hur asked Biden about where he kept the things that he was "actively working on" while he was living in a rental home in Virginia immediately after leaving the vice presidency in January 2017. And in that context, it was Biden himself who brought up Beau's illness and death as he talked about a book he'd published later in 2017 about that painful time.

"What month did Beau die?" Biden wondered aloud, adding, "Oh God, May 30th." 

A White House lawyer who was present supplied the year, 2015.

"Was it 2015 he died?" Biden said.

The president went on to tell a story about how his late son had encouraged him to remain involved in public life after the Obama administration ended.

Several portions of the transcript were redacted by the Justice Department, National Security Council and State Department to hide sensitive intelligence and details of foreign affairs matters. 

Fox News Digital's Greg Norman, Brooke Singman and Fox News' Tyler Olson, as well as the Associated Press contributed to this report.

Morning Digest: Big Lie pushers aim to recall Wisconsin Republican for not pushing Big Lie enough

The Morning Digest is compiled by David Nir, Jeff Singer, and Stephen Wolf, with additional contributions from the Daily Kos Elections team.

Subscribe to The Downballot, our weekly podcast

Leading Off

WI State Assembly: Far-right groups seeking to oust Wisconsin Assembly Speaker Robin Vos announced Monday that they'd turned in about 10,700 signatures to recall the powerful Republican. The effort comes less than two years after Vos narrowly won renomination against an opponent backed by Donald Trump, who sought to punish the speaker for failing to do enough to advance the Big Lie.

If the recall campaign qualifies for the ballot, each party would hold separate primaries ahead of a general election. Vos' 63rd District in the Racine area is solidly Republican turf, so the best way for his conservative detractors to get rid of him may be to deny him the nomination. It only takes a simple plurality to win the primary, though, so a crowded field would likely benefit the incumbent.

Vos, whose 11 years in power makes him the longest-serving speaker in state history, has used his power to continuously block Democratic Gov. Tony Evers from implementing his agenda and responded to Joe Biden's tight 2020 win in Wisconsin by claiming that he believed there was "widespread fraud."

That pronouncement, however, was far from good enough for Trump. The two had a public falling out in 2022 after Vos told Congress that Trump had called him and urged him to retroactively decertify Biden's victory—a move the speaker said was legally impossible.

Trump retaliated by endorsing a previously little-known Republican named Adam Steen. The challenger came very close to defeating Vos, but the speaker hung on with a 51-49 win. (Steen's subsequent general election write-in campaign came nowhere close to succeeding.) While Vos has continued to frustrate Evers, the speaker antagonized election deniers again last year when he wouldn't advance an impeachment effort targeting Wisconsin's top elections official, Meagan Wolfe.

Vos argued in November that, while he wanted Wolfe removed, his party was "nowhere near a consensus" on how to do it. "We need to move forward and talk about the issues that matter to most Wisconsinites and that is not, for most Wisconsinites, obsessing about Meagan Wolfe," he said. But conspiracy theorists were far from done obsessing about Meagan Wolfe and quickly made good on their threats to launch a recall effort.

However, it's not clear exactly which voters would decide Vos' fate. Last month, Evers signed new legislative districts into law to replace gerrymandered Republican maps that the new liberal majority on the Wisconsin Supreme Court struck down. (The court has yet to sign off on the new lines.) Last week, though, the justices declined Evers' request to clarify which set of maps would be used for any special elections or recalls that take place before November, when the new districts are otherwise set to go into effect.

Matt Snorek, who is leading the recall effort against Vos, acknowledged this uncertainty to WisPolitics even as he argued that the old boundaries should apply. "It's unconstitutional to allow folks who didn't vote for him in 2022 to remove him," Snorek said, but also noted that the recall campaign sought to collect signatures in both versions of the seat.

The partisan makeup of Vos' constituency didn't change dramatically, but it did become several points bluer: The old district favored Trump 58-40 in 2020, while the revamped version backed him 56-43.

If the previous lines are used, recall organizers will need 6,850 valid signatures, which represents 25% of the votes cast in the old 63rd District in the 2022 race for governor; the Milwaukee Journal-Sentinel writes that it's not clear what this target would be under the new boundaries. Recall expert Joshua Spivak also added that an "unusual feature" in state law makes it easier to put a recall on the ballot: While most states require anyone who fills out a petition to be a registered voter in their district, the Badger State mandates only that signatories be "eligible" voters.

Vos, though, is hoping his enemies have failed to gather enough signatures and says his team plans to review each petition. Scott Bauer of the Associated Press writes that the bipartisan Wisconsin Elections Commission has a total of 31 days to conduct its own review, though its decision can be challenged in court.

If the recall campaign qualifies, a primary would be held six weeks later, with a general election four weeks after that. (In the unlikely event that no primaries are necessary, the recall would take place on the day that primaries would have taken place.)

P.S. While Vos is on the outs with Big Lie spreaders now, the Republican has a long history of advancing conspiracy theories about elections. Vos responded to Democrat John Lehman's 819-vote victory over GOP state Sen. Van Wanggaard in a June 2012 recall by claiming, "Unfortunately, a portion of [the vote] was fraud." The soon-to-be speaker, though, acknowledged he "did not personally witness any voter fraud" in the campaign, which gave Democrats control of the upper chamber for a few months before Republicans won it back that fall.

Election Night

Mississippi: Tuesday is primary night in Mississippi, but none of the state's members of Congress appear to be in any danger of losing either renomination or the general election.

The most eventful race is the GOP primary for the 4th Congressional District, where self-funding perennial candidate Carl Boyanton has been airing animated ads depicting freshman Rep. Mike Ezell as a "busy bee" who's too close to special interests. (One even features a rhyming jingle.)

Boyanton, however, failed to break out of the single digits in either 2020 or 2022, so it would be a surprise if he gave Ezell a hard time on Tuesday. A third candidate, Michael McGill, is also in, though his presence would only matter if no one earned the majority of the vote needed to avert an April 2 runoff.

Senate

MI-Sen: Former Rep. Mike Rogers picked up the "Complete and Total Endorsement" of Donald Trump on Monday, a move that likely shortcircuits any prospect of a strong MAGA-flavored candidate entering the August GOP primary against the NRSC favorite. Rogers himself mulled challenging Trump in this year's presidential race, but the former congressman has spent his Senate bid cozying up to the man whose time he once said had "passed."

MN-Sen: SurveyUSA shows Democratic Sen. Amy Klobuchar with a 49-33 advantage over Republican Joe Fraser, a banker and Navy veteran who launched a campaign in January. This poll for the ABC affiliate KSTP, which is the first look we've had at this matchup, also shows Joe Biden ahead 42-38 in Minnesota.

NJ-Sen: Rep. Andy Kim won the Ocean County Democratic convention 86-13 on Saturday against former financier Tammy Murphy. Kim represented about half of this longtime GOP bastion under the congressional map that was in place when he won his first two terms in the House, though now it's split between two Republican-held districts, the 2nd and the 4th.

Senate: The Democratic group Senate Majority PAC announced Monday that it has reserved a total of $239 million in TV advertising in four additional states:

  • Arizona: $23 million
  • Michigan: $14 million
  • Pennsylvania: $42 million
  • Wisconsin: $14 million

The super PAC also said it had booked $65 million to defend Sen. Sherrod Brown in Ohio, which is a bit more than the $61 million the GOP firm Medium Buying relayed last month. SMP previously reserved $45 million in Montana and $36 million in Nevada. All seven of these states are held by members of the Democratic caucus, including Arizona, where independent Sen. Kyrsten Sinema is not seeking reelection.

Governors

IN-Gov: Sen. Mike Braun has publicized a late February internal from Mark It Red that gives him a 41-12 advantage over Lt. Gov. Suzanne Crouch ahead of the May 7 Republican primary for governor, which is similar to the 40-13 spread the firm found in December.

House

AZ-02: Former Yavapai County Supervisor Jack Smith filed paperwork with the state on Friday for a potential August primary bid against freshman Rep. Eli Crane, who was one of the eight House Republicans who voted to end Kevin McCarthy's speakership last year. Smith, who does not have the most helpful name for a Republican candidate seeking office in 2024, has not said anything publicly about his plans. The filing deadline is April 1.

Politico reported last month that McCarthy's network planned to target Crane in northeastern Arizona's reliably red 1st District. There's no word yet, though, whether the former speaker sees Smith, who resigned from office in 2019 to become state director for the U.S. Department of Agriculture's Rural Development program, as a strong option.

CA-20: NBC projects that Republican Assemblyman Vince Fong has secured first place in last week's top-two primary to succeed his old boss, former Rep. Kevin McCarthy. Fong, who served as McCarthy's district director before winning a seat in the legislature in 2016, leads with 38% as of Tuesday morning. Another Republican, Tulare County Sheriff Mike Boudreaux, holds a 25-22 advantage over Democrat Marisa Wood for second.

It's not clear how many ballots remain to be tabulated, though. NBC estimates that 65% of the total vote has been counted, but the Associated Press places the proportion at just 62% reporting. The AP has almost 1,500 more votes tallied than NBC even as it reports that a lower percentage of the vote is in.

Note that the first round of the special election for the remaining months of McCarthy's term will take place on March 19. Donald Trump, who like McCarthy backs Fong, carried this Central Valley seat 61-36.

Georgia: Candidate filing closed Friday for Georgia's May 21 primaries, which will mark the first time that the state's new congressional map will be used, and you can find a list of contenders available here. A June 18 runoff will take place in contests where no candidate wins a majority of the vote. The state also conducts a general election runoff between the top two vote-getters on Dec. 3 if no candidate receives a majority on Nov. 5, though that's unlikely to come into play in any congressional races this year.

There was one notable development just ahead of the filing deadline when state Rep. Mandisha Thomas became the third and final Democrat to launch a campaign for the new 6th Congressional District, a safely blue seat in the western Atlanta suburbs. Thomas, though, will face a challenging battle against 7th District Rep. Lucy McBath, a nationally known gun safety activist who ended 2023 with $1 million at her disposal. Cobb County Commissioner Jerica Richardson is also running, but she finished last year with a mere $4,000 banked.

MO-03: State Rep. Justin Hicks announced Monday that he was joining the August Republican primary to replace retiring GOP Rep. Blaine Luetkemeyer. The launch comes several months after Max Calfo, a former Jim Jordan staffer who was challenging him for renomination, shared what he claimed were court documents from St. Louis County dating to 2010 in which a woman accused the then-17-year-old Hicks of trying to choke her.

"The restraining order's true," the woman, whose name has not been shared publicly, told the St. Louis Post Dispatch's Jack Suntrup in November. The county's Circuit Court would not confirm the existence of the records, however, though a spokesperson informed Suntrup that the forms posted by Calfo appeared to match those used by the court at the time. Hicks does not appear to have responded to the allegations, though Calfo claims the state representative is now suing him.

NY-03: Politico reports that the Nassau County Republican Committee has endorsed former Assemblyman Mike LiPetri, who does not appear to have shown any prior public interest in taking on Democratic Rep. Tom Suozzi. LePetri ran for the open 2nd District in 2020 under a prior map but lost the primary 63-36 against Andrew Garbarino, his then-colleague and the eventual general election winner.

Politico says that, while the Nassau GOP only announced its support for LiPetri late Sunday, party chair Joe Cairo gave a heads-up to the other notable Republican running in the June primary, Air Force veteran Greg Hach. Hach quickly used that information to blast LiPetri on Friday as an "Anti-Trumper" who was "anointed by the local back-room political machine" and has "financial ties" to George Santos. But even though LiPetri fired off nine different tweets that same day, he only confirmed he was running to Newsday on Monday evening.

SC-01: Donald Trump on Saturday endorsed Rep. Nancy Mace, whom he'd unsuccessfully tried to defeat in the GOP primary last cycle. The congresswoman that Trump called "an absolutely terrible candidate" in 2022, however, has used the ensuing two years to remake herself into a diehard MAGA defender. Mace does not appear to have a similar reconciliation with Kevin McCarthy, whom she voted to oust as speaker in October.

Mace faces a June primary challenge from former state cabinet official Catherine Templeton, whom the incumbent labeled "McCarthy's puppet" last month. Dan Hanlon, who is Mace's former chief of staff, filed FEC paperwork in late January, but he still has not said anything publicly about this race. The candidate filing deadline is on April 1.

TX-23: Republican Rep. Tony Gonzales on Monday unveiled an endorsement from Lt. Gov. Dan Patrick, one of the most powerful far-right politicians in Texas, ahead of his May 28 primary runoff against gun maker Brandon Herrera, whom he led 45-25 in the first round of voting. Patrick's stamp of approval could be a welcome asset for Gonzales a year after the state party censured him for, among other things, voting to confirm Joe Biden's victory in the hours after the Jan. 6 attacks.

WA-06: State Sen. Emily Randall on Monday unveiled endorsements from two Democratic congresswomen who represent neighboring House seats, Rep. Marie Gluesenkamp Perez of the 3rd District and Rep. Marilyn Strickland of the 10th. Retiring Rep. Derek Kilmer, whose seat Randall is seeking, previously endorsed the other major Democrat in the race, Commissioner of Public Lands Hilary Franz.

Ballot Measures

MO Ballot, MO-Sen, MO-Gov: A new poll from the GOP firm Remington Research Group for the local tip-sheet Missouri Scout finds a 42-26 plurality in favor of amending the state constitution "so that future constitutional amendments would need a statewide majority vote and a majority vote in a majority of congressional districts to take effect."

Note that this poll sampled November general election voters even though the proposed constitutional amendment would likely appear on the August primary ballot (should lawmakers actually pass the measure).

In the Senate race, Remington also finds GOP incumbent Josh Hawley outpacing the Democratic frontrunner, Marine veteran Lucas Kunce, 53-39. GOP Secretary of State Jay Ashcroft likewise holds a similar 53-36 advantage in a hypothetical race for governor against state House Minority Leader Crystal Quade, though both candidates face contested primaries this summer.

Prosecutors & Sheriffs

Cook County, IL State's Attorney: Attorney Clayton Harris has publicized an endorsement from Rep. Chuy Garcia, a high-profile progressive who is also one of the most prominent Latino politicians in the Chicago area, ahead of next week's Democratic primary.

Ad Roundup

Campaign Action

Special Counsel Robert Hur to testify publicly on findings from Biden classified records probe

Special Counsel Robert Hur is expected to testify on Capitol Hill on his findings following months of investigating President Biden's mishandling of classified records.

Hur will testify publicly at the House Judiciary Committee on Tuesday at 10 a.m. 

Hur, who released his report to the public in February, did not recommend criminal charges against Biden for mishandling and retaining classified documents and stated that he wouldn't bring charges against Biden even if he were not in the Oval Office.

Those records included classified documents about military and foreign policy in Afghanistan and other countries, among other records related to national security and foreign policy, which Hur said implicated "sensitive intelligence sources and methods."

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Hur did not recommend any charges against the president but did describe him as a "sympathetic, well-meaning elderly man with a poor memory" – a description that has raised significant concerns for Biden's 2024 re-election campaign.

Biden has blasted Hur since the release of his report, saying his "memory is fine" and that he is the "most qualified person in this country to be president."

Biden also fired back at Hur for suggesting he did not remember when his son Beau died.

"How dare he raise that?" Biden said at the time. "Frankly, when I was asked a question, I thought to myself, what's that any of your d--- business?"

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"Let me tell you something... I swear, since the day he died, every single day... I wear the rosary he got from Our Lady –" Biden stopped, seemingly forgetting where the rosary was from.

In his report, Hur wrote: "He did not remember, even within several years, when his son Beau died."

But two sources familiar with the investigation said it was Biden who brought up Beau's death in the interview – not the special counsel. 

Meanwhile, House Judiciary Committee Chairman Jim Jordan, R-Ohio; House Oversight Committee Chairman James Comer, R-Ky.; and House Ways & Means Committee Chairman Jason Smith, R-Mo., have demanded the Justice Department turn over the transcript and any recordings of Biden’s interview. 

The three committee leaders are leading the impeachment inquiry against Biden. They subpoenaed the materials last month. 

The Justice Department has not turned over transcripts or audio recordings of Hur’s interview with the president despite the subpoena compelling their production by March 7, a House Judiciary spokesman said.

"We received a small production from DOJ, but not the transcripts or audio that we need and requested," a House Judiciary spokesman told Fox News on Friday. "Our staff has all necessary clearances to review the contents of the President’s interview, which dealt with materials found in unsecured areas like garages, closets and commercial office space. We are evaluating next steps."   

A spokesperson from the Justice Department said, "The Department has been in touch with the Committees and anticipated responding to their subpoenas today." 

In a response obtained and viewed by Fox News, the DOJ added: 

"We urge the Committee to join us in seeking to avoid conflict when there is, in fact, cooperation." 

"Given this record, we are disappointed that the Committee chose to serve a subpoena less than three weeks after Mr. Hur’s report was transmitted to Congress and only seven business days after the Department made clear it was working expeditiously to respond in good faith to congressional requests on this matter. This compressed time frame is not reasonable given the standard interagency review process the Department explained to the Committee." 

"Your subpoena is premature and unnecessary given the amount of information the Committee has already received and the Department’s proactive efforts to prepare for responding to congressional requests on this matter."

Comer told Fox News Digital after the report was released that he wants "unfettered access to these documents to determine if President Biden’s retention of sensitive materials were used to help the Bidens’ influence peddling."

Jordan, Comer and Smith are concerned that "Biden may have retained sensitive documents related to specific countries involving his family’s foreign business dealings."

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House GOP prepares to embarrass itself with more Biden impeachment nonsense

House Judiciary Committee Chair Jim Jordan has grasped at every straw in his quest to avenge Donald Trump and impeach President Joe Biden, including the one straw held out to him by an alleged Russian mole. That having blown up embarrassingly in his face, Jordan appears to be leading his committee into another fiasco.

Jordan’s latest effort is his investigation into just how old Biden is, with a hearing Tuesday. His star witness is special counsel Robert Hur, the Department of Justice official who investigated Biden’s handling of classified documents and found that no criminal charges were warranted. Hur did, however, throw in some gratuitous hits on Biden’s age in his report, which legal experts have called “a partisan hit job.”

Hur probably won’t deliver what Jordant wants, according to sources involved with preparing Hur’s testimony who spoke with the Wall Street Journal. Hur is “intent on turning down the political temperature surrounding his report,” the Journal reports, and to try to explain why he included the extraneous bits about Biden’s memory. Those details, Hur is expected to say, “were necessary to explain his team’s decision that charges weren’t justified.”

That’s problem No. 1 for Jordan. Problem No. 2 is that Biden himself blew the “Biden is too old” narrative clear out of the water with last week’s State of the Union address. Biden adeptly scrapped with Republican hecklers, forcefully laid out his agenda and earned news reports declaring him aggressive, energetic, fiery, feisty, and forceful. Biden’s speech didn’t just wow the pundits—it seems to have impressed voters. Public opinion soared in quick polls conducted after the speech.

That’s going to make arguing that this man is too doddery and feeble to be trusted with the nation’s security a little tough for Jordan and team. It also gives Democrats on the committee a chance to swing for the fences on Donald Trump’s fitness to lead, particularly his alleged classified documents crimes. 

Because what Republicans tended to ignore in Hur’s report was the part where he compared Trump’s and Biden’s handling of classified documents. Hur pointed out that “after being given multiple chances to return classified documents and avoid prosecution, Mr. Trump allegedly did the opposite,” and that Trump “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.” 

On the other hand, Hur wrote, “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.” You can be sure that the Democrats on the committee are going to be teasing out every detail of that comparison, putting Hur on the record against Trump. 

Thus Jordan’s star witness is shaping up to be a hostile one, the whole premise of the hearing has fallen apart, and he’s opening up the congressional record for more official testimony from a representative of the Department of Justice about Trump’s abuse of power. This might just be fun.

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Biden Cabinet secretary announces retirement ahead of ‘crazy, silly’ election season

U.S. Department of Housing and Urban Development Secretary Marcia Fudge announced Monday that she is stepping down from her position.

"It's time to go home,’’ Fudge told USA Today, which reported that her last day is March 22. "I do believe strongly that I have done just about everything I could do at HUD for this administration as we go into this crazy, silly season of an election."

With her departure, Fudge will become only the second original Cabinet member to leave the Biden administration after Labor Secretary Marty Walsh stepped down last year.

"From her time as a mayor, to her years as a fierce advocate in the U.S. House of Representatives, Marcia’s vision, passion, and focus on increasing economic opportunity have been assets to our country," President Biden said in a statement Monday. "I’m grateful for all of her contributions toward a housing system that works for all Americans, and I wish her well in her next chapter."

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Biden described Fudge as a "strong voice for expanding efforts to build generational wealth through homeownership and lowering costs and promoting fairness for America’s renters. 

"Under Marcia’s transformational leadership, we have worked hard to lower housing costs and increase supply. We’ve proposed the largest investment in affordable housing in U.S. history," Biden added. "We’ve taken steps to aggressively combat racial discrimination in housing by ensuring home appraisals are more fair and by strengthening programs to redress the negative impacts of redlining. Thanks to Secretary Fudge, we’ve helped first-time homebuyers, and we are working to cut the cost of renting. And there are more housing units under construction right now than at any time in the last 50 years."

Fudge, 71, served as a Democrat in the House of Representatives from 2008 to 2021, representing the 11th Congressional District of Ohio which includes the city of Cleveland. 

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"She was a member of several Congressional Caucuses and past Chair of the Congressional Black Caucus," her biography on the U.S. Department of Housing and Urban Development website says, adding that in 1999, she "was elected the first female and first African American mayor of Warrensville Heights, Ohio, a position she held for two terms."

Fudge also was the director of Budget and Finance at the Cuyahoga County Prosecutor’s Office in Ohio.

"Don’t look for me to ever be on another ballot or another appointee or anything like that,’’ she told USA Today, noting that she wants to spend more time with her mother – who turns 93 next month – and relatives in Ohio. "I really do look forward to being a private citizen."

She also argued that affordable housing should be a key focus for both Democrats and Republicans.

‘‘It is not a red or blue issue,’’ she told USA Today. "Everybody knows that it is an issue so it’s not a one-sided issue. It’s an American issue.’’

Fox News' Peter Doocy and Kaitlin Sprague contributed to this report.