Special Counsel Robert Hur released a report Thursday detailing President Biden's mishandling of classified documents but added there would be no charges, citing concerns over the president's mental fitness. Hur's scathing report dealt a major blow to Biden; however, former Whitewater Deputy Independent Counsel Sol Wisenberg argued on "Fox & Friends" on Friday that the more "significant" development from Thursday was the president "lied" about key details that Hur found.
SOL WISENBERG: That's not really not a legal strategy. He doesn't need to have a legal strategy when the special prosecutor says we're not going to indict him because his mental capacity is so limited, a jury would be sympathetic to him. What I thought was significant about last night, from a legal perspective, is that, unfortunately, the president came out and lied about what Special Counsel Hur found. The special counsel said there is evidence that Biden willfully retained and disclosed classified information when he was a private citizen. Willful is important in this context. Willfully means not only were you deliberately doing it, but you knew it was in violation of the law. Now, the special counsel also said, we don't think a jury would necessarily convict him. And one of the big reasons is they would have great sympathy for him because of his mental decline. Those weren't his exact words, but that's in effect what he said. So, that's how I view that the president very clearly lied about that and other things last night. But he doesn't need to have a legal strategy, he's gotten a free pass.
Special Counsel Robert K. Hur released an over 300-page report concerning his investigation into President Biden's handling and possession of classified documents.
The report concluded that there is not sufficient evidence to charge the current president. Robert Hur does, however, criticize Biden for forgetting key details during the interviews.
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Hur not recommend criminal charges against the president for mishandling classified documents, describing Biden as a "sympathetic, well-meaning, elderly man with a poor memory." Hur said "it would be difficult to convince a jury that they should convict him" of a serious felony "that requires a mental state of willfulness," and said he would be "well into his eighties."
President Biden addressed the nation Thursday night, saying his memory is "fine" and defended his re-election campaign, saying he is the "most qualified person in this country to be president."
During the last-minute White House press conference, Biden went off script and took questions from reporters at random instead of having a list of reporters pre-selected by staff like he often does.
Hur's report also said his investigation "uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen."
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But Biden fired back, citing sections in the report that stated he did not willfully retain the documents. Biden also said he was "especially pleased to see special counsel make clear the stark distinction in difference between this case and Mr. Trump's case," saying he cooperated and sat for a five hour-long interview.
Fox News' Brooke Singman and Joseph A. Wulfoshn contributed to this report.