SUMMARY: Hur’s report on his investigation of classified documents held by Biden after leaving the White House was released last week. While it completely exonerated Biden of any wrong doing, it was written in a way that not only violated DoJ guidelines, it implied Biden was guilty, and included ageist slurs about Biden’s memory. Why would an experienced and respected US attorney like Robert Hur tarnish his reputation with such a cheap political attack in an official DoJ document? And how should Biden respond?
KEY WORDS: Hur Report, Classified Documents, Joe Biden, Robert Hur, Ageism, Total Vindication, Department of Justice, Special Council, Superpower, Anger
COMMENT: Let us know what you think of the ugly ageist slurs Hur used in his report exonerating Biden and Biden’s response to it. I’d love to discuss it in the comments.
The other thing of note that happened last week during my odyssey of sunburn, cuts, bruises, scratches, bloody noses, and no small amount of homesickness, was the the Hur Report on Joe Biden’s retention of classified documents. Here’s the thing, during the Trump delirium tremors, we’ve witnessed numerous lawyers trash their otherwise stellar reputations and dull their once promising careers, particularly in the Department of Justice. I2I4 is like some demented attorney Pied Piper merrily leading them to the cliffside where they happily dive into sea joining the rest of the human flotsam and jetsam that once were human lives. Trump truly has a feculent touch and Hur is just the latest person to turn his life into shit for the man.
The question is, why would Robert Hur a widely respected DoJ lawyer turn in such an obvious political hatchet job? His appointment satisfied Congressional Republicans salivating to appease their obsessive tit-for-tat accusations and investigations of Biden for the crimes that Trump was investigated, impeached, indicted, and tried for. Everyone thought Robert Hur would do a good job and be fair about it.
He had the typical legal career of many US attorney’s: graduated Stanford Law, clerked for Chief Justice Rehnquist, and racked up a string of prosecutorial victories in Maryland. He left DoJ to work for a private practice law firm before being called back to government service.
The Hur Report on Biden’s Retention of Classified Documents
Special council, Robert Hur, was appointed by Attorney General Merrick Garland to investigate the retention of classified documents by President Joe Biden after he was Vice President. He released his report on the investigation late last week. The report has proven to be controversial to put it mildly. Here are some points to consider, some of which are controversial:
- THE RELEASE OF THE REPORT was not required, but was ordered by Merrick Garland to preserve transparency and to avoid any appearance of favorability to President Biden. It could have been redacted but was not. Garland could have released a summary a la Bill Barr-the-Door to frame the report more favorably to Biden, but he did not. Garland knowing full well what was in the report decided to release it without making revisions or substantive edits.
- THE THESIS OF THE REPORT was deeply misleading. I have taught academic writing for some twenty-odd years to grouchy old professors, snarling ambitious graduate students, and bored and disaffected undergraduates and high school seniors. The thesis statement is a sentence that identifies the topic of the report and what the reader will learn by reading it. Often it is one of the last things written to ensure that it properly reflects what is in the report. For example, Hur’s thesis statement reads, “Our investigation uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen.” Hunh, sounds like he didn’t need a Barrian summary to frame Biden as guilty, he did it himself. The only conclusion from that statement is that Biden willfully retained classified materials, which is against the law.
- TOTAL VINDICATION was later delivered to Biden when on page six (Say, isn’t page six where the New York Post’s salacious celebrity gossip column appears? Coincidence? I think not.) when Hur notes that Biden had irrefutable innocent explanations for the presence of classified material in his home and offices. Not only did he decline to charge Biden, he concludes that there is no case because their is no crime. In other words, TOTAL VINDICATION.
- PERSONAL OPINION about Joe Biden’s state of mind and abilities that are unwarranted and violate DoJ guidelines. Last anyone checked, Hur’s LinkedIn page doesn’t list any qualifications as a neurologist, so he isn’t qualified to offer an opinion on the capacity of someone’s memory. Lawyers frequently advise clients to state that they don’t remember, if they cannot recall something in sufficient detail — remember Cassidy Hutchinson? — to avoid perjury. Biden testified for over two days DURING THE BLOODY HAMAS SURPRISE ATTACK ON ISRAEL, which is a bon fide international crisis that could’ve distracted him. Hur has offered what amounts to speculation about the reasons Biden’s account or his statements of not remembering occur. It isn’t allowable in a court of law and it isn’t permissible in a special council report.
If you want to know more about the old in and out of the case, then follow the links. Also, say something about it in the comments. I’d LOVE to hear from you!
Why’d Hur Do It? Why Did Hur Smear Biden’s and His Own Reputation?
Here’s one little factoid that has escaped many people’s attention:
SURPRISING FACT
Politico notes that Hur’s law firm is the same one where U.S. District Judge Aileen Cannon previously worked before Trump appointed her to the federal bench. Cannon became a central figure in the separate investigation involving Trump’s Mar-A-Lago documents, after she ordered a third-party special master be appointed to review the seized materials. Her ruling, widely criticized by legal experts, was later overturned, including at the Supreme Court.
Who Is Robert Hur, The Special Counsel Investigating Biden’s Classified Documents? by Alison Durkee in Forbes on 12 January 2023
Coincidence? Sure is.
Suspicious? Sure is.
Damning? Definitely not.
Worth investigating further? Sure is, but it will have to take someone with more time and resources than a full-time citizen and part-time blogger in the middle of Cambodia to figure out. Let me know what you think in the comments.
The Question Really Is How Do Biden and the Democrats Respond?
The report is out. The headlines full of Biden “willfully” retaining classified documents and his “poor memory” have already been smeared through our minds like so much feces on the walls of the monkey enclosure at a zoo.
There’s no taking those impressions back. Republicans have worked hard to reify the image of Biden as doddering old man in the public imagination. This was just the latest round of that well-orchestrated attack.
The thing about the Republican ambush and Biden’s counterattack is that you won’t be changing the minds of the partisans. Those are already set in stone. It is the undecided, unaffiliated, unlikely voter that you have to reach.
Biden’s response marks his political savviness: he went immediately to a microphone and displayed anger!
“…There is even a reference that I don’t remember when my son died. How in hell dare he raise that? Frankly when I was asked the question, I thought to myself was it any of their damn business? Let me tell you something. I wear every day since he died the rosary that he got from our Lady of … every Memorial Day we hold a service attended by friends and family and people who loved him, I don’t need anyone. I don’t need anyone to remind when he passed away.”
In a defiant speech denying he has a ‘poor memory’, Biden falters at the last moment by Keith Duggan on 9 February 2024 in The Irish Times
#ScienceFact: Men are given greater social stature and seen as powerful when they are angry. When men are angry, we attribute their anger to an external cause, and, therefore, it is seen as justified.
Being seen as attacking Biden over the death of his son is huge blunder. People will be angry at the attacker for being unfair. That’s where Biden and the Democrats need to drive the point home.
Biden reinforced this point when he quipped, “My memory is so bad I let you speak,” Biden snapped back speedily enough to draw a few laughs. Humor shows him as being likable, relatable, esteemable. It puts the detractors in a bad light. And, being likable is Biden’s superpower.
Political Instincts and Ageism
Unfortunately, we live in an ageist society, but Biden’s age has helped him hone his political instincts. He has a visceral feel for how to handle a situation. He’s been right for the past five years, he’s right now. We should trust him with this. It isn’t the first time his age and condition have been made an issue in an election.
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Image Attribution
This image was generated using Poe’s StableDiffusionXL bot using the prompt, Film Noir style movie poster: President Biden starring in “Who’s too old, now, punk?” A badass Biden walking away from a huge explosion
The Psy of Life 
Biden’s response to the report was kind of okay, but the vigour with which he and Democrats responded to it simply highlights the contrast with the rest of his flaccid campaign – and I say this as someone who’s desperate for him to win. Also, the best thing he could have done in response is actually get out there in front of live cameras to demonstrate his mental acuity. But since he doesn’t seem to want to do that he won’t be able to effectively fight against accusations of being too old. I have my own take on Biden’s campaign (or lack of it) at howtostoptrump.blog.
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Howdy Ian!
So far, the Biden campaign says that it hasn’t really started, yet, or is just getting started more recently. Since Biden doesn’t have a primary opponent he has the luxury of time. He also has the luxury of influencing the Republican primary — if he chooses to — a la Claire McCaskill in 2012. If he wants to run against Trump, for example, he can attack Nikki Hailey and promote Trump. If he’d prefer Hailey (he shouldn’t, she can beat him), he should attack Trump and promote Hailey.
But, he doesn’t need to do either. Hailey is sharpening her attacks on Trump. Trump is sharpening his attacks on himself. Trump in his flailing against the narcissistic wounds delivered by the E. Jean Carroll and now the NY State verdicts against him, is doing plenty of damage to himself. He isn’t growing the Republican coalition.
Biden’s early legislative successes are starting to bear fruit. He’s achieved the impossible — despite what Citizen Tom says — a soft landing on a pending recession. The middle class is growing. Middle class spending has increased because of his legislation. People are just now beginning to feel it and feel better about the economy and future all in time for the election.
As many people point out, as soon as the news was all Hur says Biden is senile, Trump blurts that he would encourage Russia to attack NATO countries taking all the wind out of the sails of that news. Biden’s response to Hur was perfect. Anger makes him seem powerful and the attacks seem unjustified.
The one thing we all overlook is Biden’s experience as a politician. He outplayed the House Republicans on the border bill. They look like idiots and responsible for not getting the very thing they demanded. It isn’t missed on the American public that the GOP is blaming Biden for not fixing the border but not giving him the tools they say they want him to use to fix the border.
The Dark Brandon thing is exactly how you stomp Trump. Trump will die the death of a thousand narcissistic wounds. Every little pinprick at his ego by someone as prominent as Biden demands a response from him. Give Trump enough rope, he’ll shoot himself in his gonads… or everyone else. Depends on the day, honestly.
Huzzah!
Jack
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I wish I had your optimism! I think Biden has precisely zero impact on the Republican primary (Trump was always going to win), and my concern is that unless he can find a way to advertise his successes in a way that cuts through to people, they’ll do little for him at the polls. Look at the way he gets absolutely no credit for the economy these days – and I don’t see that changing.
And as for immigration, although you could certainly argue that the Republican position is ridiculous, I don’t see any evidence that this is really hitting home with voters at all.
I’m also not optimistic about Trump self-saboutaging his own campaign. After everything he’s said and done so far there’s surely nothing else he’s going to do that can dent his support in the party. If Biden is going to deafeat him, he’s going to have to start running a campaign – the sooner the better.
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Howdy Ian!
Forgive me if I said this in an earlier response, but if we look at the way the special elections and off year elections have gone since 2020, they’ve all swung the Democrats way. There is no reason to believe 2024 will be any different. For all of his bluff and bluster, Trump is looking increasingly like a mortally wounded elephant in a china shop. He’s not growing his support, he’s shrinking it. He’s not appealing to the white suburban voters he’s going to need to win. He’s already gotten all of the never-voted before 2016’ers, seldom voters, and MAGA types he’s going to get.
The Republicans are in disarray in the Congress and in Wisconsin and Michigan. We probably won’t hold the Senate, but we’re very likely to win back the House and keep the Presidency.
Huzzah!
Jack
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Me, I think we step over it like it’s a pile of poo we didn’t get home from the store in time to prevent by letting the pet outside. It’s way too late for that, of course, by the time I write this, and as usual, I’m late to this party. I do believe that the more attention paid to this by sane people, the more excuses people will have to avoid voting, or vote against Biden; another “butheremails” thing. The facts and evidence are that Pres. Biden has been and remains a superlative president. I expect him to do it again in his next term, provided we sane people don’t snatch defeat from the jaws of victory.
So, back to the subject, I like what Tengrain said a day or two ago about tfg butting it out of the news himself because he couldn’t stand not being the center of attention. tfg threatened Europe with Russia, among other gems. Sunday I read this, too, and think it has merit; I hope it’s OK I put it here; I promise I reallyreally like you both! https://yastreblyansky.blogspot.com/2024/02/blog-post.html
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Howdy Ali!
The age thing was there before with Biden. They’ve been dealing with it with humor and directness. What else are you going to do? Claim he could live to be two hundred, he’s got such good jeans? Had an overflow crowd at his inauguration bigger than anyone else’s? I mean, there are some claims that are just too ludicrous to try and make, amirite?
The one thing it did do is give Biden the opportunity to be angry. I should’ve made this the focus of the post, but hindsight, amirite? Anger is the only emotion men are allowed to display. When they are angry, they gain stature and authority. Attacking him about the death of his son is seen as unfair, so it gains him sympathy. Biden used the incident well, or as well as he could.
The real sad truth is that if Harris had demonstrated that she was anywhere close to being able to win a presidential election, he’d be graciously stepping aside for her to run. That’s the sad fact of the matter.
That Trump did Biden a solid by taking all the rope we give him and shooting himself in the groin, is just icing on the cake.
The big issue that no one is talking about is ageism and how do we age gracefully. Biden certainly is a poster child for that cause.
Huzzah!
Jack
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Re Biden: He was almost out the door when he was ambushed by a question about Israel/Hamas. Bet your boots, if he had kept going it would have been attack fodder for days. Instead he came back to the podium to address the question.
Re Hur: One of the things Hur did in this report was refer to the transcripts, more than once. Republican stooges picked up the hint and are now demanding copies of the transcripts of Biden’s questioning. I’d allege that was a deliberate gift from Hur to Republican stooges. Any answer they get will be played in their favor. Transcripts denied – “they’re hiding something.” Transcripts granted – There are apparently more than ten hours of testimony to force staffers to sift through looking for cherries.
Re me: I’m quoting Elizabeth from Drop Dead Fred – “What a Pile of Shit.”
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Howdy M!
Biden has been a gaff machine his entire life. Mixing up Mexico and Egypt is a Tuesday thing for him.
The transcripts are going to Clinton’s eleven hours of testimony, every email server and Benghazi investigation report, and Mayorkas-Biden impeachment investigations all over again. There ain’t going to be anything there except what they can pull out of their asses. They’ll half ass report some cut-and-pasted looking Barrian thing from it, someone will leak the full transcript, they’ll be embarrassed, and more independent voters will flee the sinking ship.
Huzzah!
Jack
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To be honest Jack, this escalating situation of age cries out for needing the next generation of younger people to lead. Biden has a hornets nest to deal with this problem and so does Trump. They nullify each other in this regard.
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Howdy James!
The 2020 election put us in a weird spot. We had all the olds on one hand (Biden, Warren, and Sanders), all the not yet experienced enoughs on the other (Harris, Swalwell, Buttigieg), the flamed out in the last go rounds (Castro, O’Rourke), and the overreachers (Klobuchar, Booker). That left Biden to put together the coalition when none of them could take the reins and run with it.
Now the problem is that Gavin Newsom and Gretchen Whitmer are party loyalists who won’t challenge the incumbent. They are about the only two with the stature and experience to do it.
If Harris were capable, I reckon Biden would be stepping aside for her.
That’s the upshot of it. We need younger leaders to step up. We’ve got all kinds of folks working the angles in both parties for 2028.
The Republicans have had five chances to nix Trump as party leader, and they’ve wilted everytime they had the chance. The closest they came was in the second impeachment vote. They’ve got another chance now with his let Russia attack NATO countries. For the Republicans to abandon Trump, they’d have to take a Nixonesque shellacking in the next election, but they will have purged themselves of him and MAGA. I can’t be the only one to have this insight, so the only conclusion is that they want what Trump is selling.
The problem the left is having is that too many of our young idealistic voters are looking at Biden and saying, I didn’t get EVERYTHING I wanted, so I’m not playing anymore. Biden has delivered on more than any other president since FDR. He’s doing a good job. To get an FDR-like change in governance, we need a 1932-sized win. We’re not likely to get it.
Huzzah!
Jack
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To me it’s a matter of style not substance with the young voters. It’s the Taylor Swift look at me effect it seems.Think back to Nixon vs. Kennedy in this regard.
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Howdy James!
The youth is a fickle vote and not a block to be relied upon that’s for sure. Many of my high school students were very aware of global and national issues, though. That said, they were a minority of the students at school. The other thing about young folks is the black-and-white passion for the world. It is all or nothing and everything I care about is important. Between Gaza and student loans, Biden has alienated some of the college students.
Huzzah!
Jack
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But if the really looked at the issue differences deeply, Biden would represent them better. Their voter turnout must improve for more thoughtful reasons not just black and white stuff.
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Howdy James!
You’re preaching to the choir, brother. It is difficult to get much nuance and grey when we’re operating in the firehose of freak-out-stress-out issue-a-minute disinformation campaign the GOP and its media allies are putting together.
One of the things that both Bill Clinton and Barack Obama did well was respond quickly and in realtime to disinformation about them. It is harder now because you need a very active social media unit to be pushing out messaging and responding, but it is possible.
Huzzah!
Jack
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Why did he do it? IDK, but what springs first to mind is, “Republican first, lawyer second”. Then, there’s the double (triple?) message, something for each side; First, the “guilty” message, then, the exoneration, and then the “no triable case” message (i.e., guilty, but we can’t prove it to a jury). Need we remind this esteemed attorney that the rule is, “innocent until proven guilty in a court of law”? Then, there’s the credit given this doddering old man credit for cooperating with the return of the documents and the investigation, which in itself belies the “willfully” part of the opening accusation. Seen this way, it’s a mishmash. And, this thing took a year to produce, with the deposition of the accused not happening until the very end. Now, I’m wondering what sort of work Hur was doing in private practice and for whom. Is that where he joined the lemmings?
As for Garland releasing the report intact, if he had not (everybody knew it was done) or released it with redactions, the howls of “CENSORSHIP!” would have been deafening. The demands to know what was being hidden would have been ferocious, along with the imaginings of what secret pit of corruption had been found, with calls for Hurd, Garland, and everybody involved in the investigation to be called to testify to several congressional committees. So, Garland was caught in the trap too.
As for Joe’s response, perfection, Biden at his best. I’m not hearing much, if any, new whatabouting from the other side based on the report, except for the ageism.
A side note on Biden’s supposed memory lapses: One of the coping skills for stuttering is word substitution when the intended word won’t come out, to preserve the impression of fluency, especially in public speaking. Joe has had a lot of practice.
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Howdy Bob!
Biden has been a gaff machine his whole life. It is his stock-in-trade. It is what he does. I don’t see this as moving the needle substantially.
I agree that Garland had no choice but to release the report unedited and unredacted. I think Biden and co. are handling the thing as well as they can.
The concern it raises for me is just how far this Federalist Society reach has gotten. In the past, he would have been too concerned about how it would damage his reputation and what that would do to his job prospects to do such a thing. He would be worried about the next time he met any other US attorneys about how they would feel about him and what they would say about him. Obviously, something outweighs those concerns. Shoulda put that in the post.
Huzzah!
Jack
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I suspect that it isn’t going to hurt Mr. Hur’s job prospects in the private sector. Special Counsel is a temp job. He’ll probably be able to increase his fees.
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It has had the opposite effect. He’s going to be taken care of, much like Neil Gorsuch and Brett Kavanaugh and Clarence Thomas have been. That’s the problem.
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Yes, very much so.
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