Ex-Prosecutor Rips Special Counsel’s ‘Entirely Inappropriate’ Attack On Biden
Legal analysts on Thursday were stunned by special counsel Robert Hur’s decision to release a report attacking President Joe Biden’s age and memory while also clearing him in the classified documents case.
Speaking on MSNBC, former federal prosecutor Andrew Weissmann called Hur’s commentary “entirely inappropriate,” “irrelevant,” and “gratuitous.”
“It is also exactly what you’re not supposed to do, which is putting your thumb on the scale that could have political repercussions,” said Weissmann, who noted that the Justice Department’s lingo is “put up or shut up.”
He said, “You either decide to go forward, that there is proof here, or you don’t say anything at all with respect to your opinions about the case.”
Weissmann said former FBI Director James Comey also flunked this test when he announced before the 2020 election that he would not charge Hillary Clinton but then attacked her anyway.
“The appropriate thing to do there is to just say ‘we’re declining, there’s insufficient proof,’” he said. “It is not a time to have a press conference to state, ‘Oh, by the way, let me give you my personal views.’”
Former acting Solicitor General Neal Katyal agreed, saying he wrote the current special counsel regulations, which say there shouldn’t be a public report at the end and certainly not with “a list of adjectives.”
“I’m not aware of anything quite like this, in which you’ve got a special counsel going after the sitting president for being too old and having a faulty memory,” he added. “As Andrew said, ‘totally gratuitous.’”
See the full conversation with MSNBC’s Alicia Menendez:
Other legal minds shared similar opinions:
Once Hur said “the evidence does not establish Mr. Biden’s guilt beyond a reasonable doubt,” he should have stopped. Why is he opining on Biden’s mental state now or in 2024 or 2029? His memory now & those years isn’t relevant to his intent at the time of the crime being…
— Mimi Rocah (@Mimirocah1) February 9, 2024
Toobin: It was outrageous that Herr put in some of that stuff in this report. That had no place in it. There's no reason why this report had to be 300 pages. There is no reason why this fairly straightforward case had to be treated this way. The job is to put up or shut up pic.twitter.com/QkzMDmsmJL
— Biden-Harris HQ (@BidenHQ) February 9, 2024
With a comment narrowly targeted straight at a political argument the GOP is making against Biden & despite his concession he couldn't disprove innocence. This isn't what DOJ is supposed to do.
— Joyce Alene (@JoyceWhiteVance) February 9, 2024
What Robert Hur did in his report with these irrelevant and extraneous remarks is the same thing DOJ used as the basis to fire James Comey in 2017.
Seven years later, they did it again. Seriously. Unreal.— Bradley P. Moss (@BradMossEsq) February 8, 2024
He couldn’t indict Biden legally so he tried to indict Biden politically. https://t.co/zWhzMgDSq3
— Joe Scarborough (@JoeNBC) February 8, 2024