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    Audio of Special Counsel Interview Adds to Renewed Debate of Biden’s Fitness as President

    A 2023 audio recording released by Axios comes on the heels of other recent disclosures that have prompted recriminations among Democrats over their handling of the matter.A 2023 audio recording of President Joseph R. Biden Jr. speaking haltingly and having memory lapses is the latest in a series of recent disclosures that have reopened a debate over Mr. Biden’s physical and mental fitness while in office and prompted fresh recriminations among Democrats.The recording, released by the news outlet Axios on Friday night, documents a four-minute portion of Mr. Biden’s interview with Robert K. Hur, a special counsel who investigated his handling of classified information.Mr. Hur had concluded early last year that “no criminal charges” were warranted in the case. But in clearing the president, Mr. Hur portrayed Mr. Biden as an “elderly man with a poor memory,” based off an hourslong interview with the president, inflaming concerns that Mr. Biden’s fitness for office had significantly declined.The audio clip did not reveal new exchanges between Mr. Hur and Mr. Biden. But it gives a fuller picture of why Mr. Hur described Mr. Biden as he did, capturing the president’s whispery voice and the long pauses in his speech. Trump administration officials plan to release the audio, according to two people familiar with the matter, speaking on the condition of anonymity to describe a decision that has yet to be announced.The audio clip comes as a forthcoming book — written by Jake Tapper of CNN and Alex Thompson of Axios — has provided new details on Mr. Biden’s mental and physical decline and chronicled how Mr. Biden’s advisers stamped out discussion of his age-related limitations. Among other issues, the book recounts Mr. Biden forgetting the names of longtime aides and allies, and outsiders who had not seen the president in some time being shocked at his appearance.Top Democrats who closed ranks to defend Mr. Biden in his moment of crisis and vouched for his fitness for office have now had to rationalize those statements. In an interview on the “Talk Easy With Sam Fragoso” podcast last month, Senator Elizabeth Warren of Massachusetts — who had urged Mr. Biden to remain in the race to the end — visibly struggled not to laugh when the host asked if the president had at the time been “as sharp as you.”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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    In Trump Attack on Harvard, Punishment Before Proof

    The legal underpinnings of the administration’s broadsides against universities and schools stretch precedents and cut corners.In the White House’s campaign against Harvard University, the punishment came swiftly.The Trump administration has frozen $2.2 billion in grants to the school, while seeking to exert unprecedented control over hiring, impose unspecified reforms to its medical and divinity schools, block certain foreign students from enrolling and, potentially, revoke its tax-exempt status.It is a broadside with little precedent. And, as with the White House’s other attacks on universities, colleges and even K-12 schools, the legal justifications have been muddled, stretched and, in some instances, impossible to determine.“It’s punishment before a trial, punishment before evidence, punishment before an actual accusation that could be responded to,” said Ted Mitchell, president of the American Council on Education and the U.S. Department of Education’s third-ranking official during the Obama administration. “People talk about why higher ed hasn’t responded. Well, how can you fight a shadow in this way?​”The legality of each threat varies. In more typical times, some of the individual punishments might be validated by lengthy investigations in which a university would have a right to defend itself.But taken together, law professors and education experts said, the immediacy of the sanctions and threats conveyed an unmistakable hostility toward Harvard and other schools in the president’s sights. The broad vendetta, they said, could weaken the legal argument for each individual action.“You can’t make decisions — even if you have the power to do so — on the basis of animus,” said Brian Galle, a Georgetown University law professor who teaches about taxation policy and nonprofit organizations. “Those aren’t permissible reasons that the government can act. And so what’s interesting about the fact that it’s doing all of these things to Harvard at the same time, is that undermines the legitimacy of each of them individually.”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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    Harvard’s Decision to Resist Trump is ‘of Momentous Significance’

    But a fight with the nation’s oldest, richest and most elite university is a battle that President Trump and his powerful aide, Stephen Miller, want to have.Harvard University is 140 years older than the United States, has an endowment greater than the G.D.P. of nearly 100 countries and has educated eight American presidents. So if an institution was going to stand up to the Trump administration’s war on academia, Harvard would be at the top of the list.Harvard did that forcefully on Monday in a way that injected energy into other universities across the country fearful of the president’s wrath, rejecting the Trump administration’s demands on hiring, admissions and curriculum. Some commentators went so far as to say that Harvard’s decision would empower law firms, the courts, the media and other targets of the White House to push back as well.“This is of momentous, momentous significance,” said J. Michael Luttig, a prominent former federal appeals court judge revered by many conservatives. “This should be the turning point in the president’s rampage against American institutions.”Michael S. Roth, who is the president of Wesleyan University and a rare critic of the White House among university administrators, welcomed Harvard’s decision. “What happens when institutions overreach is that they change course when they meet resistance,” he said. “It’s like when a bully is stopped in his tracks.”Within hours of Harvard’s decision, federal officials said they would freeze $2.2 billion in multiyear grants to the university, along with a $60 million contract.That is a fraction of the $9 billion in federal funding that Harvard receives, with $7 billion going to the university’s 11 affiliated hospitals in Boston and Cambridge, Mass., including Massachusetts General, Boston Children’s Hospital and the Dana-Farber Cancer Institute. The remaining $2 billion goes to research grants directly for Harvard, including for space exploration, diabetes, cancer, Alzheimer’s disease and tuberculosis.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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    Poised and Precise, Hur Enters Fray Over Special Counsel’s Report on Biden

    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

    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

    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

    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

    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