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‘Devastating’: Hur’s Testimony Confirms Biden Committed Espionage, Says Legal Expert

March 13, 2024

During a heated congressional hearing on Capitol Hill Tuesday, Special Counsel Robert Hur testified that his February report on President Joe Biden’s mishandling of classified documents “did not exonerate” the president of a potential crime, despite the fact that Hur’s report did not recommend criminal charges against Biden. Legal experts say the hearing further confirmed a series of illegal actions that Biden allegedly took while in public office.

“[Hur’s] testimony is devastating for President Biden,” Mike Davis told “Washington Watch” guest host and former Congressman Jody Hice on Tuesday. “President Biden knowingly, willfully retained classified documents illegally. He shared those classified documents with his ghostwriter. When they got caught and a special counsel was appointed, the ghostwriter deleted that classified recording of then Vice President Joe Biden. Sharing these classified records with his ghostwriter — that’s espionage. That’s obstruction of justice. Robert Hur acknowledged that President Biden lied to the American people when he [stated] he didn’t share this classified information with his ghostwriter.”

A National Review report further noted the fact that the White House attempted to tone down Hur’s report before it was released. When House Judiciary Committee Chairman Jim Jordan (R-Ohio) asked Hur if the White House had tried to “get the report changed,” he admitted, “They did request certain edits and changes to the draft report.”

Davis, an attorney and the founder of the Article III Project, went on to provide insight as to why Hur did not end up recommending charges against Biden.

“Remember, Robert Hur is James Comey’s protege, and James Comey did the same thing with Hillary Clinton’s illegal home server with our nation’s most classified secrets,” he pointed out. “Comey came out and said, ‘Yeah, Hillary essentially violated the Espionage Act, but no reasonable jury would find her guilty of that.’ So it’s the same game that Robert Hur is playing here. … I would say that there is a slam dunk case of Espionage Act violations against President Biden, and Robert Hur did Biden a huge favor by not recommending that there is a criminal indictment against Biden when he leaves office.”

Davis, who previously served as chief counsel for nominations to Senate Judiciary Chairman Chuck Grassley (R-Iowa), also emphasized that the Democrats’ insistence that Hur unfairly targeted Biden’s poor memory could backfire.

“If Biden and his allies think that Robert Hur was wrong and [Biden] does have the mental capacity to stand trial, then [if] Trump [is elected in November, his] Justice Department can bring Espionage Act charges against President Biden after January 20, 2025,” he explained. “Now remember, Merrick Garland is the person who made the decision to bring the unprecedented charges against President Trump for the non-crime of a former president having his presidential records in the office of former president, which is allowed by the Presidential Records Act. The former president’s office is guarded by the Secret Service. He gets federally-funded staff. They have security clearances. Contrast that with Biden, who had at least five stashes — maybe six — of stolen classified records from his time as vice president, even his time as a senator, meaning he had to have stolen these classified records out of the Senate. Schiff and Merrick Garland did not bring charges against his boss, Joe Biden.”

During Tuesday’s hearing, Chairman Jordan brought up further details based on Hur’s report that shed light on why Biden, who was “deeply familiar” with laws surrounding classified documents, would knowingly take them unlawfully — likely in order to provide material to write a book for the purpose of fulfilling a book deal.

Davis echoed Jordan’s observation. “Joe Biden [stole] classified records he had as senator and vice president, stolen classified records that he used for his financial advantage,” he asserted. “He got an $8 million advance to write his book. That’s why he had some of these stolen classified records. The New York Post’s Miranda Devine also reported that Hunter Biden almost certainly used stolen classified records to write a 23-paragraph geopolitics memo to Burisma to secure millions of dollars in corrupt funding to the Bidens. The Bidens stole classified records and used them for their financial gain.”

Davis concluded by predicting that the Democrats’ attempts to paint former President Trump as a criminal during Tuesday’s hearing in order to distract from the case against Biden will backfire.

“[T]he American people are waking up to this,” he contended. “This lawfare and election interference is going to end on November 5th, 2024, when the American people say, ‘We get to decide who’s the president of the United States, not Democrat prosecutors and Democrat judges and Democrat juries. … We get to decide the American election.’ And it’s not going to go well for the Democrats.”

Dan Hart is senior editor at The Washington Stand.