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    Poised and Precise, Hur Enters Fray Over Special Counsel’s Report on Biden

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    Robert K. Hur defended himself in the unhurried, forceful cadence of a veteran prosecutor, delivering his responses in a flat, matter-of-fact tone.The former special counsel Robert K. Hur, denounced by Democrats for his unsparing description of President Biden’s memory lapses, had one of his own during his testimony on Tuesday before the House Judiciary Committee.Representative James R. Comer, a Kentucky Republican, made passing reference to Dana A. Remus, a Democratic lawyer who had served as White House counsel under Mr. Biden from January 2021 to July 2022.Mr. Hur crinkled an eyebrow and corrected him: No, he said, she occupied that post under President Obama.The misstep was an isolated moment in an otherwise poised and precise appearance by Mr. Hur, 51, who was testifying about his report on the investigation into Mr. Biden’s handling of classified documents.Mr. Hur, a Trump-era Justice Department official known among former colleagues for keeping a cool head in high-stress, high-stakes situations, incited a furor after describing the president as a “well-meaning, elderly man with a poor memory.” A transcript of his five-hour interview with Mr. Biden, released just before his appearance, raised questions about that characterization.Before his work as special counsel, Mr. Hur, a graduate of Stanford Law School who clerked for Chief Justice William H. Rehnquist, was best known for his 11-month stint as the top aide to the deputy attorney general, Rod Rosenstein, in 2017 and 2018. It was a time of extraordinary upheaval, when Mr. Rosenstein oversaw the installment of a special counsel, Robert S. Mueller III, to investigate President Donald J. Trump’s dealings with Russia. Both men lived under the constant threat of being fired by Mr. Trump, who saw the appointment as a personal betrayal.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Trump Steps Up, Helping Biden Just When the President Needs Him

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      Donald J. Trump’s stunning statement supporting a Russian attack against “delinquent” NATO allies takes attention away from unwelcome questions about the president’s age and provides the Biden camp a useful contrast.If anyone gets a thank-you note from President Biden for helping get him out of a jam in recent days, it should probably be former President Donald J. Trump.Just when Mr. Biden was swamped by unwelcome questions about his age, his predecessor and challenger stepped in, rescuing him with an ill-timed diatribe vowing to “encourage” Russia to attack NATO allies that do not spend enough on their militaries.The stunner from Mr. Trump over the weekend not only drew attention away from the president’s memory problems, as detailed in a special counsel report, but also provided a convenient way for Mr. Biden’s defenders to reframe the issue: Yes, they could now say, the incumbent may be an old man who sometimes forgets things, but his challenger is both aging and dangerously reckless.It was not the first time, nor likely will it be the last, that Mr. Trump has stepped up when an adversary was in trouble to provide an escape route with an ill-considered howler of his own. Mr. Trump’s lifelong appetite for attention has often collided with his evident best interest. For Mr. Biden, that may be the key to this year’s campaign, banking on his opponent’s inability to stay silent at critical moments and hoping that he keeps reminding voters why they rejected him in 2020.“There’s a saying that the enemy of your enemy is your friend,” said Alex Conant, a Republican strategist who worked on the 2016 presidential campaign of Senator Marco Rubio of Florida, who lost the party nomination that year to Mr. Trump. “Since Trump is his own worst enemy, he’s arguably Biden’s best friend.”That does not mean that age is no longer a political liability for Mr. Biden, who at 81 is already the oldest president in American history and would be 86 at the end of a second term. While Mr. Trump is close behind him at 77, the special counsel’s characterization of the president as a “well-meaning, elderly man with a poor memory” proved searing and damaging.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Biden’s Age Is a Campaign Problem, Not a Governing One

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      Last fall I found myself at a dinner party that included a former Biden administration official and a Democratic donor, and the conversation turned, naturally, to President Biden’s age and his prospects for re-election. The ex-official said that from inside the White House, where people experience the policymaking process firsthand, Biden was overwhelmingly seen as an effective leader who should run again. The donor, on the other hand, saw Biden mostly at the fund-raisers where watching the president’s meandering speeches left him terrified about the upcoming campaign. The gulf in their perceptions, I think, speaks to the fact that Biden’s age has impaired his ability to campaign much more than his ability to govern, which has created an impossible dilemma for the Democratic Party.I have argued since 2022 that Biden shouldn’t run again because he’s too old, but there’s never been much sign that his advanced age affects his performance in office. I’m not aware of any leaks from the White House suggesting that Biden is confused, exhausted or forgetful when setting priorities or making decisions. It’s not just Democratic partisans who find Biden more impressive up close than his frail, halting image in the media would suggest. As Politico reported of the ousted House speaker Kevin McCarthy, “On a particularly sensitive matter, McCarthy mocked Biden’s age and mental acuity in public, while privately telling allies that he found the president sharp and substantive in their conversations.” There are obviously things Biden does that I disagree with; I wish he’d take a much harder line with Israel over civilian casualties in Gaza. But while his reluctance to publicly criticize Israel might stem from an anachronistic view of the country — Biden likes to talk about the Labor Zionist prime minister Golda Meir, who left office 50 years ago — his position is a mainstream one in the Democratic Party and can’t be attributed to senescence.Because Biden has delivered on many Democratic priorities, there was never any real push within the party to get him to step aside, forfeiting the advantages of incumbency in favor of a potentially bruising primary contest. But it’s obvious to most people watching the president from afar that he looks fragile and diminished and that his well-known propensity for gaffes has gotten worse. Poll after poll shows that voters are very concerned about his age. That’s why the special counsel Robert Hur’s gratuitous swipes at Biden as someone who might seem to a jury like a “sympathetic, well-meaning, elderly man with a poor memory” have caused an epic freakout among Democrats. His words brought to the surface deep, terrifying doubts about Biden’s ability to do the one part of his job that matters above all others, which is beating Donald Trump.That’s true even though the report by Hur, a former Trump appointee tapped by Merrick Garland to investigate Biden’s handling of classified documents, looks like a partisan hit job. (Democratic attorneys general have a terrible habit of appointing Republican special counsels in an effort to display their own impartiality — a type of moral preening that Republican administrations rarely fall victim to.) Since Hur decided not to charge Biden with any crimes, his comments about Biden’s age, particularly his claim that Biden couldn’t remember the year his son Beau died, seemed designed to shiv him politically. If so, it worked.Some Democrats are now comparing the media fixation on Biden’s age to the saturation coverage of Hillary Clinton’s emails eight years ago, and there are similarities. Betty Friedan wrote that “housewifery expands to fill the time available,” and the same is true of bad political news. Trump’s scandals are so multifarious that each one tends to get short shrift, while his opponents’ weaknesses and missteps can be examined at length precisely because there are fewer of them. This asymmetry worked to Trump’s advantage in 2016, and it’s helping him now.But there’s also a crucial difference between Clinton’s emails and Biden’s years. Clinton’s vulnerability was never really about her insufficient care with information security protocols. Instead, the emails became a symbol of a powerful but inchoate sense, magnified by disproportionate press attention, that she was devious and deceptive. Biden’s age is a much more straightforward issue; people think he’s too old because of how he looks and sounds. Pretending it’s not a problem isn’t going to make voters worry about it less; it’s just going to make them feel they’re being lied to.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Mr. President, Ditch the Stealth About Health

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      Once, when my father was in West Virginia on police business, a man approached him and demanded to know about “rumors” that President Franklin Roosevelt was “crippled.” The man threatened to beat up my father or anyone who said F.D.R. was in a wheelchair.My dad, a D.C. police detective, served on F.D.R.’s protective detail. (I have a picture of my father, in a fedora, guarding Roosevelt at a Senators baseball game, with the president standing up with the help of his braces to throw out the first pitch.)Like others around Roosevelt, my dad kept a tight lip about the paralysis of the president, who did not want to seem weak. Dad assured the West Virginia ruffian that Roosevelt was “a fine, athletic man.”In the days before TV and social media, the White House could suppress the fact that Roosevelt, who contracted polio when he was 39, could barely walk. With the help of a complicit press corps, a censoring Secret Service and a variety of ruses, F.D.R. was even able to campaign giving the impression that he was mobile.But stealth about health is no longer possible, and the sooner President Biden’s team stops being in denial about that, the better off Democrats will be.Jill Biden and his other advisers come up with ways to obscure signs of senescence — from shorter news conferences to almost zero print interviews to TV interviews mainly with fawning MSNBC anchors.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Memory Loss Requires Careful Diagnosis, Scientists Say

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      A federal investigator said that President Biden had “poor memory” and “diminished faculties.” But such a diagnosis would require close medical assessment, experts said.A lengthy report by the Department of Justice on President Biden’s handling of classified documents contained some astonishing assessments of his well-being and mental health.Mr. Biden, 81, was an “elderly man with a poor memory” and “diminished faculties” who “did not remember when he was vice president,” the special counsel Robert K. Hur said.In conversations recorded in 2017, Mr. Biden was “often painfully slow” and “struggling to remember events and straining at times to read and relay his own notebook entries.” So impaired was Mr. Biden that a jury was unlikely to convict him, Mr. Hur said.Republicans were quick to pounce, some calling the president unfit for office and demanding his removal.But while the report disparaged Mr. Biden’s mental health, medical experts on Friday noted that its judgments were not based on science and that its methods bore no resemblance to those that doctors use to assess possible cognitive impairment.In its simplest form, the issue is one that doctors and family members have been dealing with for decades: How do you know when an episode of confusion or a memory lapse is part of a serious decline?We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      El informe del fiscal especial exculpa a Biden pero es un desastre político

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      Una investigación concluyó que el mandatario era “bienintencionado” pero tenía “mala memoria”. El presidente salió a ofrecer declaraciones en un intento por realizar control de daños políticos.La decisión del jueves de no presentar cargos penales contra el presidente Joe Biden por mal manejo de documentos clasificados debió haber sido una exoneración legal inequívoca.En su lugar, fue un desastre político.La investigación, sobre el manejo de los documentos por parte de Biden después de ser vicepresidente, concluyó que era un “hombre bienintencionado de avanzada edad con una mala memoria” y que tenía “facultades disminuidas en la edad avanzada”, afirmaciones tan sorprendentes que pocas horas después motivaron un enérgico y emotivo intento de control de daños políticos por parte del presidente.The president defended his ability to serve when questioned by reporters on his memory and age during a news conference, hours after a special counsel cleared him of criminal charges in the handling of classified documents.Pete Marovich for The New York TimesLa noche del jueves, hablando a las cámaras desde la Sala de Recepciones Diplomáticas de la Casa Blanca, Biden arremetió contra el informe de Robert K. Hur, el fiscal especial, acusando a los autores del informe de “comentarios irrelevantes” sobre su edad y capacidad mental.“No saben de lo que están hablando”, dijo rotundamente el presidente.Biden pareció objetar especialmente la afirmación incluida en el informe de que durante las entrevistas con los investigadores del FBI no pudo recordar en qué año murió su hijo Beau.“¿Cómo diablos se atreve a mencionar eso?”, dijo el presidente, mientras parecía contener las lágrimas. “Cada Día de los caídos hacemos un servicio para recordarlo al que asisten amigos y familiares y la gente que lo amaba. No necesito a nadie, no necesito a nadie que me recuerde cuándo falleció”.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Biden Classified Documents Case: Takeaways From the Special Counsel Report

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      The special counsel, Robert K. Hur, concluded that the evidence was insufficient to charge President Biden with a crime, but sharply criticized him.Attorney General Merrick B. Garland on Thursday released the report by Robert K. Hur, the special counsel Mr. Garland had assigned to investigate how classified documents ended up in an office formerly used by President Biden and in his home in Delaware. Here are some takeaways.The evidence was insufficient to bring criminal charges.Mr. Hur was bound by a Justice Department policy that holds that the Constitution implicitly makes sitting presidents temporarily immune from prosecution, so he could not have charged Mr. Biden even if he wanted to. But Mr. Hur wrote that Mr. Biden should not be charged regardless.“We conclude that no criminal charges are warranted in this matter,” he wrote. “We would reach the same conclusion even if Department of Justice policy did not foreclose criminal charges against a sitting president.”Mr. Hur wrote that he had found evidence that Mr. Biden had willfully retained and disclosed sensitive information after he left the vice presidency in 2017. But he said the evidence fell short of what would be necessary to “establish Mr. Biden’s guilt beyond a reasonable doubt.”Hur said Biden had “significant” memory problems.Mr. Hur listed various reasons that a jury might reasonably doubt that Mr. Biden had “willfully” retained classified documents after leaving the Obama White House, including that Mr. Biden had reported the problem and invited investigators to search his home. But Mr. Hur cited another reason with potentially explosive political implications for the 81-year-old president as he seeks re-election: that he had memory problems.Mr. Hur wrote that Mr. Biden’s memory “appeared to have significant limitations.” The special counsel portrayed Mr. Biden’s recorded conversations with his ghostwriter in 2017 as “often painfully slow, with Mr. Biden struggling to remember events.” And, the report said, his recollection “was worse” in his interview with Mr. Hur in October, when Mr. Biden came off, he said, “as a sympathetic, well-meaning, elderly man with a poor memory.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Special Counsel Investigating Biden Has Sent Final Report to White House

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      Attorney General Merrick B. Garland has also received a copy while the White House reviews it for claims of executive privilege, indicating a public release is nearly at hand.The final report of Robert K. Hur, the special counsel investigating President Biden’s handling of classified documents retained from his vice presidency, has been sent to the White House and to Attorney General Merrick B. Garland, two of the final steps before its public release, officials said on Wednesday.Mr. Garland received the report on Monday, he told congressional leaders in a letter on Wednesday. He said that Mr. Hur had previously sent a copy to the White House Counsel’s Office for possible revisions based on claims of executive privilege, and that the White House was still reviewing the report.Ian Sams, a spokesman for the White House Counsel’s Office, said the review would be completed by the end of the week. He did not comment on its findings.Mr. Garland’s letter contained no indication that the department would pursue an indictment, and people around Mr. Biden have said they do not expect one.The report is expected to criticize Mr. Biden and his aides for sloppy record-keeping and storage, according to people in Mr. Biden’s orbit, speaking on the condition of anonymity to discuss the matter. But those people have long doubted that any charges will be filed, based on the lines of inquiry that prosecutors have pursued in their interviews with witnesses and on the president’s cooperation with investigators.Mr. Garland appointed Mr. Hur, a veteran prosecutor who worked in the Trump administration, about a year ago to examine “the possible unauthorized removal and retention of classified documents or other records discovered” after Mr. Biden left the Obama administration.Former President Donald J. Trump, who was charged last summer with obstructing the government’s efforts to reclaim classified materials at his resort in Florida, is likely to seize on the report to downplay his own legal woes — and to claim the Justice Department has targeted him politically while letting Mr. Biden escape punishment.But Mr. Hur’s investigation does not appear to be comparable in scope or seriousness to the one into Mr. Trump’s retention of sensitive government documents.Mr. Biden’s lawyers immediately notified the National Archives and Records Administration upon discovering a cache of classified documents in late 2022 when they were closing an office in Washington he occupied after leaving the vice presidency in 2017. They have since cooperated with the Justice Department, and gave the F.B.I. access to his house in Wilmington, Del., where investigators discovered more material.Mr. Trump, by contrast, repeatedly resisted requests from the National Archives, which is responsible for storing sensitive White House documents, and initially turned over only a portion of what he had taken when he left office in January 2021. He failed to fully respond to a subpoena to return the rest, and ultimately F.B.I. agents with a warrant searched his home and office. More

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      Special Counsel in Biden Documents Case Is Expected to Release Report Soon

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      Most of the work by Robert K. Hur appears to have wrapped up after President Biden sat down with investigators in October, according to people in Mr. Biden’s orbit.Robert K. Hur, the special counsel investigating President Biden’s mishandling of documents retained from his vice presidency, is expected to release his report soon, according to people with knowledge of the situation.The imminent release of the report suggests that Mr. Hur is nearing the end of an investigation that began just over a year ago.It is expected to criticize Mr. Biden and his aides for sloppy record-keeping and storage, according to people in Mr. Biden’s orbit, speaking on the condition of anonymity to discuss the matter. But those people have long believed he will not be charged with any crime, judging from the lines of inquiry prosecutors have pursued in their interviews with witnesses and the president’s cooperation with investigators.Most of Mr. Hur’s work was completed in the final days of 2023, and appears to have wrapped up after Mr. Biden sat down with investigators in October, those people said. He also conducted interviews with several longtime advisers in the Biden administration, including the former chief of staff Ron Klain, Secretary of State Antony J. Blinken, Jake Sullivan, the national security adviser, and Steve Ricchetti, his counselor.Former President Donald J. Trump, who was charged over the summer with obstructing the government’s efforts to reclaim classified materials at his resort in Florida, is likely to seize on the report to downplay his own legal woes — and to claim the Justice Department has targeted him politically while letting Mr. Biden escape punishment.But Mr. Hur’s investigation does not appear to be comparable in scope or seriousness to Mr. Trump’s retention of sensitive government documents.Mr. Biden’s lawyers immediately notified the National Archives and Records Administration upon discovering a cache of classified documents in late 2022 when they were closing an office in Washington he occupied after leaving the vice presidency in 2017. They have since cooperated with the Justice Department, and gave the F.B.I. access to his house in Wilmington, Del., where they discovered more material.Mr. Trump, by contrast, repeatedly resisted requests from the National Archives, which is responsible for storing sensitive White House documents, initially turned over only a portion of what he had taken when he left office in January 2021. He failed to fully respond to a subpoena to return the rest and ultimately was subjected to a search of his home and office by F.B.I. agents with a warrant.Last January, Attorney General Merrick B. Garland appointed Mr. Hur, a veteran prosecutor who worked in the Trump administration, to examine “the possible unauthorized removal and retention of classified documents or other records discovered” after Mr. Biden left the Obama administration.With the exception of President Barack Obama, every occupant of the Oval Office since Watergate has confronted a special prosecutor scrutinizing him or members of his staff, sometimes for relatively narrow matters but at other times for issues that have mushroomed into the threat of impeachment. More