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. 

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.

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."

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

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?"

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

"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."

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."

MCCONNELL SAYS MAYORKAS IMPEACHMENT TRIAL IS THE ‘BEST WAY FORWARD’

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. 

VP KAMALA HARRIS DODGES QUESTION WHETHER SHE WOULD DEBATE TRUMP RUNNING MATE

"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.

Justice Department does not turn over Hur-Biden interview transcript despite House subpoena

The Justice Department has not turned over transcripts or audio recordings of Special Counsel Robert Hur’s interview with President Biden despite a subpoena requesting that they were to be provided by Thursday, March 7, the House Judiciary Committee says. 

The development comes after Republicans leading an impeachment inquiry into the President’s mishandling of classified documents wrote a letter to Attorney General Merrick Garland in February notifying him of the subpoena. 

"We received a small production from DOJ but not the transcripts or audio that we need and requested," House Judiciary Committee spokesman Russel Dye 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 source familiar with the subpoena told Fox News late last month that the deadline to hand over the materials was March 7 at 9 a.m. ET.   

DOJ REVIEWING BIDEN, HUR INTERVIEW TO IDENTIFY POTENTIAL CLASSIFIED INFORMATION IN RESPONSE TO HOUSE GOP DEMANDS 

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

In the letter sent to Garland in February, which was signed by House Oversight Committee Chair James Comer and House Judiciary Committee Chair Jim Jordan, they wrote that their committees, "in coordination with the Ways and Means Committee, are investigating whether sufficient grounds exist to draft articles of impeachment against President Biden for consideration by the full House."   

"The Committees are concerned that President Biden may have retained sensitive documents related to specific countries involving his family's foreign business dealings," they added. 

DOJ DEFENDS SPECIAL COUNSEL REPORT ON BIDEN’S MEMORY 

Hur, who released his report on the matter to the public in February after months of investigating, 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." 

Hur 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.  

Hur will testify publicly about his report on March 12 before the House Judiciary Committee. 

Fox News' Brooke Singman and Tyler Olson contributed to this report.

Trump blasts Biden as ‘angry, mentally disturbed’ during SOTU address: ‘He did a terrible job’

EXCLUSIVE: Former President Donald Trump blasted President Biden and his State of the Union address Thursday night, telling Fox News Digital that Biden clearly "suffers from a terminal case of Trump derangement syndrome." 

The former president and presumptive Republican nominee, in an exclusive interview with Fox News Digital, reacted to Biden’s address.

BIDEN SLAMS TRUMP MULTIPLE TIMES IN STATE OF THE UNION ADDRESS

"He was angry, mentally disturbed, and misrepresenting a lot of the facts concerning almost every subject he discussed," Trump said.

"But he got through it. He is still breathing, and they didn’t have to carry him out in a straight jacket," Trump said. "Other than that, I think he did a terrible job."

Biden invoked Trump nearly a dozen times during his more than an hour-long address, never using his name, but instead referring to him as "my predecessor," on issues like abortion, immigration, Russia's war against Ukraine, and more. 

"He suffers from a terminal case of Trump derangement syndrome, which is only curable through impeachment," Trump told Fox News Digital. 

BIDEN’S SOTU BLASTED AS 'NAKEDLY PARTISAN' CAMPAIGN SPEECH: 'UTTER DISGRACE'

When asked why he felt Biden repeatedly brought him up, Trump said: "Because I’m beating him by 14 points in the polls." 

"He was very angry and that’s also a symptom of a certain type of problem — senility," Trump said. "He shouldn’t be at this age because he’s a young man relative to others his age that are very successful." 

Trump's comments come after he gave a play-by-play of Biden's State of the Union on his Truth Social Thursday night. 

The former president and presumptive GOP nominee blasted Biden throughout the speech on everything from his repeated coughing spells, to the length of time — nearly 40 minutes — it took him to address the crisis at the southern border, to his "shouting," and more. 

Trump's comments also come after he swept Super Tuesday primary contests, prompting his last-standing opponent in the GOP field, former South Carolina Gov. Nikki Haley, to suspend her campaign. 

In a Truth Social post Thursday night following the speech, Trump blasted Biden as "a threat to democracy." 

"HE WEAPONIZED GOVERNMENT AGAINST HIS OPPONENT – DIDN’T TALK ABOUT THAT, NEVER HAPPENED BEFORE!" Trump posted. 

Biden to use State of the Union to stress ‘historic achievements’ and importance of ‘saving our democracy’

President Biden is expected to lay out his administration’s "historic achievements" during his third State of the Union address Thursday night, the White House said, while stressing the importance of "uniting the country" and "saving our democracy." 

The president is expected to deliver his State of the Union address Thursday at 9 p.m. ET. 

A White House official told Fox News Digital the president will "lay out the historic achievements he has delivered on for the American people and his vision for the future." 

"President Biden got more done in the first three years than most presidents have accomplished in two terms," a White House official told Fox News Digital. 

JIM BANKS CALLS ON BIDEN TO 'PUBLICLY ACKNOWLEDGE' LAKEN RILEY AT SOTU

The president is expected to discuss "protecting and implementing his agenda" during the last year of his term and in what he hopes will be a second term. 

The official said Biden will discuss infrastructure and investment in U.S. semiconductor manufacturing, lowering drug prices and "getting rid of junk fees." 

But, at the heart of the speech, the president is expected to discuss "whose side he is on," the official said, and "the work ahead to make life better for every American." 

The president will discuss lowering costs, lowering health care premiums and "taking on the drug companies to lower the cost of prescription drugs." 

Biden is also set to discuss ways he intends to put the middle class "first." 

The official said Biden will also lay out strategies for "saving our democracy" and "protecting women’s reproductive health." 

While the State of the Union cannot be viewed as a campaign speech, the president, who is running for re-election, will likely try to draw a contrast between his policies and Republican policies. 

"Rights and freedoms are on the ballot," the White House official said, adding that Biden will discuss "uniting the country" and his "unity agenda." 

That "unity agenda," according to the official, will touch on privacy and big tech, ways to curb fentanyl, helping veterans and ending cancer. 

"We want to get as much done as we can as soon as we can," the official said. "We're going to be pedal to the metal this year, and there’s much more to come in a second term." 

BIDEN’S STATE OF THE UNION ADDRESS: BRET BAIER, MARTHA MACCALLUM TO LEAD FOX NEWS CHANNEL'S SPECIAL COVERAGE

But the White House did not offer any insight into how the president will address the crisis at the southern border during his Thursday night address. 

The ongoing border crisis has become a top political issue in the days leading up to the address, with Biden expected to renew his calls for the Senate to pass a border agreement unveiled earlier this year. Republicans have blamed the crisis on the policies of the administration.

The address comes after a historic year for illegal immigration, with more than 2.4 million migrant encounters in fiscal year 2023. Fiscal 2024 has been similarly overwhelming, with over 300,000 encounters in December. 

The president visited the southern border last week, traveling to Brownsville, Texas. His visit came on the same day as his GOP opponent, former President Trump. Biden met with Border Patrol, law enforcement and local leaders and urged Republicans to back a bipartisan Senate bill to address the crisis. 

"It's real simple. It's time to act. It is long past time to act," the president said last week.  "It's time for us to move on this. We can't wait any longer."

The president's visit came just days after the murder of 22-year-old nursing student Laken Riley. Jose Antonio Ibarra, an illegal migrant from Venezuela, was arrested and charged in Riley's murder.

ALABAMA SEN. KATIE BRITT TO DELIVER REPUBLICAN RESPONSE TO BIDEN STATE OF THE UNION ADDRESS: 'TRULY HONORED'

Immigration and Customs Enforcement (ICE) confirmed the Venezuelan national entered the U.S. illegally in 2022 and had previously been arrested in New York City and later released. 

Biden has not yet mentioned Riley’s name. 

The president’s address also comes at a time of global uncertainty, amid ongoing wars between Israel and Hamas and Russia and Ukraine and tensions rising in the Indo-Pacific. 

Last month, White House officials acknowledged a national security threat related to Russian abilities in space that could impact U.S. and global military telecommunications. 

RUSSIAN NUCLEAR CAPABILITIES IN SPACE COULD THREATEN INTERNATIONAL SATELLITES, US MILITARY COMMS: SOURCES

Also, last month, the United States conducted retaliatory strikes on more than 85 targets in Iraq and Syria against Iran’s Islamic Revolutionary Guards Corps (IRGC) Quds Force and affiliated militia groups and proxies. The strikes came in response to the deaths of three U.S. service members on a U.S. base in Jordan.

There have been at least 160 attacks on U.S. troops in the Middle East since mid-October.

The president's address also comes as the House of Representatives conducts an impeachment inquiry against him. GOP lawmakers are investigating whether he was involved or benefited from his family's overseas business dealings, something they say could impact U.S. national security. 

US 'NOT LOOKING FOR A WAR WITH IRAN,' WHITE HOUSE SAYS, STRIKES DESIGNED TO 'PUT AN END' TO ATTACKS ON TROOPS

His speech to the nation also comes just weeks after special counsel Robert Hur released his highly anticipated report following his months-long investigation into Biden's improper retention of classified records. 

Hur, in his report, described the president as a "sympathetic, well-meaning, elderly man with a poor memory," and did not bring charges against him. 

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Opponents of the president have raised concerns about his mental fitness for the presidency and a potential second term. 

Meanwhile, White House communications director Ben LaBolt said the president, in his address, "will make the case to continue to build the economy from the bottom up and the middle out," saying his policies have "led to record job creation, the strongest economy in the world, increased wages and household wealth and lower prescription drug and energy costs." 

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LaBolt drew the contrast between that of the "MAGA Republican agenda," which he claims is focused on "rewarding billionaires and corporations with big tax breaks, taking away rights and freedoms and undermining our democracy." 

But the White House’s messaging is not only focused on Thursday night’s speech. LaBolt said we live in a "fractured communications landscape" and said many Americans "won’t consume the State of the Union collectively in the same moment or through the same medium." 

"Therefore, we’re fanning out aggressively not only Thursday but in the weeks ahead to reach Americans where they receive the news with the president’s message about whose side he’s on," LaBolt said. 

In the days following the State of the Union, Biden is expected to travel to Philadelphia and Atlanta, and Vice President Kamala Harris will travel to Arizona and Nevada. 

The White House will also send cabinet secretaries to states across the nation, including Colorado, Ohio, Missouri, Kentucky, South Carolina, Massachusetts, North Carolina, Tennessee, Michigan and other states to highlight the Biden administration’s agenda. 

Following Biden’s address Thursday night, Alabama Republican Sen. Katie Britt is expected to deliver the GOP response. 

Fox News' Adam Shae contributed to this report. 

Hunter Biden faces backlash for claiming his father was not involved in business deals: ‘Perjuring himself’

Critics lambasted Hunter Biden on Wednesday after he claimed during his opening statement before the House Oversight and Judiciary Committees that he "did not involve" his father, President Biden, in his business dealings.

Hunter appeared on Capitol Hill for a closed-door deposition as part of the committees' ongoing impeachment inquiry into his father, where he accused Republicans of having no evidence to justify their investigation.

"The goalposts are moving," Republican strategist Steve Guest wrote in a post on X. "Joe Biden used to say he [had] never spoken with Hunter about his business dealings. Hunter Biden is now playing cute linguistic games."

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"REMINDER:  E-mails, texts, photos, voicemails, visitor logs, and witness testimony have shown that Joe Biden was INVOLVED in his son Hunter’s foreign business deals," Guest later wrote in another post.

Federalist co-founder Sean Davis wrote that Hunter had "no problem perjuring himself" with the claims because he "knows Daddy's DOJ will never charge him for it," while Washington Free Beacon reporter Chuck Ross wrote that there was "plenty of evidence Hunter did involve Joe in his business."

"Joe attended meetings w/ Hunter and CEFC, and with Tony Bobulinski to discuss China business. These were strictly business meetings," he added.

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"Well if we can’t trust a crackhead, who can we trust?" another critic wrote, while Rep. Jason Smith, R-Mo., accused Hunter of "falsely" making the claim, and posted an image of what he described as a text message from Hunter "using his father's name to shake down a Chinese businessman for millions of dollars."

"Hunter Biden clearly used his dad's brand to conduct corrupt business overseas. Even Hunter's closest business partners have testified that Joe Biden was THE BRAND and the BIDEN LIFT. How else does the Biden family and their associates get $24 million in 5 years?" Rep. Andy Biggs, R-Ariz., added.

Despite Hunter's claims he "did not involve" his father in any of his business dealings, one of his ex-business associates testified earlier this month that in 2017 Biden met with the chairman of a Chinese energy firm that Hunter sought to create a joint business venture with.

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"I don’t remember the exact time, but I remember being in Washington, D.C., and the former vice president stopped by. We were having lunch," Rob Walker told the committees, according to a transcript of his interview reviewed by Fox News Digital. He mentioned how there were several CEFC executives at the meeting also.

Additionally, records show some of Hunter's business associates visited the White House more than 90 times while Biden was serving as vice president. Those visits included former associates connected with Hunter's now-defunct investment firm Rosemont Seneca Partners.

The House Oversight Committee previously told Fox News Digital that it can "now confirm Joe Biden met with nearly every foreign national who funneled money to his son, including Russian oligarch Yelena Baturina, Romanian oligarch Kenes Rakishev, Burisma’s corporate secretary Vadym Pozharsky, Jonathan Li of BHR, and CEFC Chairman Ye Jianming."

Devon Archer, another former business partner of Hunter, told House Oversight investigators last summer that Hunter used his dad as "defensive leverage" to send "the right signals" to his foreign business partners, while selling him as "the brand" that offered "capabilities and reach," as well as a "unique understanding of D.C."

Archer also described how the elder Biden was put on the phone to sell "the brand" and that he was put on speakerphone at least 20 times by Hunter during meetings, contradicting multiple claims by the elder Biden on the campaign trail and during his presidency about talking to his son about his business dealings.

During his opening statement, Hunter said his claim that he "did not involve" his father in his business dealings was an "uncontestable fact that should end the false premise of this inquiry."

The first son said House Republicans "have built your entire partisan house of cards on lies told by" past witnesses, and blasted his ex-business associates Bobulinski and Jason Galanis, who also testified as part of the impeachment inquiry, as well as the since-indicted former FBI informant Alexander Smirnov. 

Hunter went on to address the "mistakes" he made in his life, including his battle with addiction, and claimed Republicans had taken the records of his various communications with individuals over the years "out of context."

He said he hoped his testimony would "put an end to this baseless and destructive political charade." 

Fox News Digital has reached out to the White House and representatives of Hunter for comment.

Fox News' Brooke Singman, Jessica Chasmar and Cameron Cawthorne contributed to this report.

House Republican critical of Biden impeachment push demands his removal via 25th Amendment

FIRST ON FOX: A House Republican who has been critical of rushing to impeach President Biden is calling for his removal over questions about his mental fitness for the job.

Rep. Ken Buck, R-Colo., told Fox News Digital that he plans to introduce a resolution on Monday to call on Biden’s Cabinet to invoke the 25th Amendment of the Constitution. 

His most-cited reason was Special Counsel Robert Hur’s report on Biden’s handling of classified documents. The report did not recommend any charges for the president but repeatedly painted him as an aging leader with a poor memory.

Buck said the report "addressed what many Americans have long witnessed with their own eyes – that President Biden is no longer fit to successfully discharge the critical duties of his office."

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"Numerous instances were articulated in the report, and have played out in full public view, showing President Biden’s apparent cognitive decline and lack of mental stamina," he told Fox News Digital.

"The societal challenges and security threats our country faces are innumerable and require a chief executive with both strong mental and physical faculties. The time has come for the vice president and the Cabinet to put our country first and move forward on invoking the 25th Amendment."

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In his resolution text, Buck also cited Biden’s verbal stumbles and public gaffes as evidence of mental decline. It pointed out that Biden recently confused French President Emmanuel Macron with a predecessor who died decades prior, and that he also mixed up German leaders’ names and mistakenly referred to the president of Egypt as the president of Mexico.

Biden and his allies have vigorously denied that his mental acuity is suffering.

But Buck’s resolution is a significant addition to the growing pressure for Biden officials to address scrutiny over the president’s mental fitness. 

The Colorado Republican, who is retiring at the end of this term, is one of the few House GOP lawmakers who have publicly expressed wariness over the push to impeach Biden over allegations that he and his family’s businesses profited off of his political weight.

Buck voted along with the rest of the House GOP Conference to formalize the Biden impeachment inquiry in December, but just last week he criticized the probe’s leaders for relying on allegations made by FBI informant Alexander Smirnov, who was recently indicted for lying to the bureau.

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"We’ve always been looking for a link between what Hunter Biden received in terms of money and Joe Biden’s activities or Joe Biden receiving money. This clearly is not a credible link at this point," Buck said in a CNN interview.

He told the network in September, "I want to make sure we don’t ruin this institution over a tit-for-tat impeachment. If the evidence is there… I will absolutely vote for impeachment. I don’t see the evidence at this point."

Section 4 of the 25th Amendment allows the vice president and a majority of the White House Cabinet to declare the president unfit to perform his duties, transferring power to the vice president. 

The president is able to take those powers back by writing to Congress that he is able to serve. The Cabinet would then have four days to refute that, after which Congress would vote on whether the president could remain in power.

Buck is one of several Republican lawmakers who have called for the constitutional amendment to be invoked in the wake of Hur's report, including Sens. Rick Scott, R-Fla., and Mike Lee, R-Utah, as well as Reps. Mary Miller, R-Ill., and Mike Collins, R-Ga.

Fox News Digital has reached out to the White House for comment on Buck's resolution.