Robert Hur testifies before Congress
When former special counsel Robert Hur issued a report in the Joe Biden classified-documents case, questioning the president's mental acuity because he allegedly could not remember the date of his son's death, it raised red flags with critics, who called the report a "partisan hit job." We now know the report probably was more partisan than the critics suspected.
And what about the word "former" that now appears before Hur's name. It turns out that Hur resigned his job in the U.S. Department of Justice (DOJ) on Monday of this week. one day before he was to testify before Congress. We also know there are benefits to Team Trump from having Hur off the DOJ payroll. And finally, as we reported yesterday, we know it is an alarmingly common practice to allow sketchy figures in high government positions to resign in lieu of facing a criminal proceeding, which might uncover all kinds of embarrassing details that someone wants to keep under wraps.We cited the example of Abdul Kallon, a former federal judge in Alabama who was up to his neck in the North Birmingham Bribery scandal. One day, Kallon held a lifetime government position that came with all the trappings of power and prestige; The next day, he was announcing his retirement and hauling off for Seattle, where he now toils as a regular lawyer at the Coies Perkins firm. Why did this happen to Abdul Kallon? Why is something similar happening to Robert Hur?
The questions about Hur do not end there. We now know that a transcript issued earlier this week shows Biden did remember the date of his son Beau's death. In short, Hur used his platform to disseminate false information about a sitting president's mental faculties -- which, after Biden's powerful State of the Union address, look like they were pretty strong all along. That should cause reasonable Americans to notice a foul odor emanating from Hur's report.
The stench grows stronger when you learn that Hur was a partisan from the outset, that he not only was a Donald Trump appointee, he maintain close ties to Trump insiders. So, who benefited the most from Hur's false portrayal of Biden as a doddering, confused, memory-challenged old man, playing on the concerns of some voters that Biden is not up to the task of fulfilling a second term in the White House? That, of course, would be Donald Trump, who is Biden's challenger in the 2024 election.
Recent articles from Salon and The Independent shine light on Hur's extensive ties to Trump world and raise this question. Was Biden "investigated" by an objective, disinterested prosecutor, as should have been the case? Or was he the victim of a Trump-fueled con job, one that could have an impact on the 2024 election.
Let's check out the Salon article first. Under the headline "Biden special counsel Robert Hur’s resignation from DOJ makes his testimony “even more problematic”; “It’s hard not to anticipate some real ugliness with Robert Hur’s testimony," predicts ex-prosecutor Harry Litman," Managing Editor Igor Deyrsh writes:
Special counsel Robert Hur, who investigated and declined to charge former President Joe Biden over classified materials found in his home and office, resigned from the Justice Department and will appear as a private citizen in his testimony to the House Judiciary Committee, according to The Independent’s Andrew Feinberg.
Hur, a Trump-appointed U.S. attorney who was tapped to lead the Biden probe by Attorney General Merrick Garland, formally stepped down one day before his Tuesday appearance at the request of Republicans led by Chairman Jim Jordan, R-Ohio. He drew criticism from Biden and the Democrats for criticizing the president’s memory in the report even as he declined to charge him.
Former Mueller prosecutor Andrew Weissmann explained that the Justice Department “cannot give instructions” to a former employee about what he “can and cannot testify to.”
“That makes it even more problematic from our perspective ... if he was still a federal employee, DOJ would have to approve his testimony and they’d be involved in his appearance,” a Democratic Judiciary Committee source told The Independent.
“It’s hard not to anticipate some real ugliness with Robert Hur’s testimony,” tweeted former U.S. Attorney Harry Litman. “He already showed his partisan colors in the inappropriate parts of his report. And he and the [Republicans] obviously contemplate he can vilify Biden now that he’s testifying as a ‘private citizen.’”
A report from The Independent's Andrew Feinberg raises all kinds of questions about Hur's objectivity, which appears to have been highly compromised. Under the headline "Robert Hur will testify as private citizen with help from Trumpworld figures; EXCLUSIVE: Ex-Special Counsel arranged to leave Justice Department the day before his appearance with the House Judiciary Committee,"Feinberg writes:
Robert Hur, the former Trump-appointed US Attorney who declined to prosecute President Joe Biden after classified materials were found in his Delaware home and a former office in Washington, DC, will appear before the House Judiciary Committee as a private citizen who has surrounded himself with Republican partisans and notorious figures linked to former president Donald Trump as he prepares for his Tuesday appearance before the House Judiciary Committee.
According to multiple sources familiar with Mr Hur’s plans, the special counsel, who is appearing before the Judiciary Committee at the request of the Republican majority led by Ohio Representative Jim Jordan, has arranged his departure from the Department of Justice to be official as of Monday 11 March, one day before he is scheduled to appear on Capitol Hill.
Instead of appearing as a DOJ employee who is bound by the ethical guidelines which govern the behavior of federal prosecutors, he will appear as a private citizen with no constraints on his testimony.
This story is smelling worse than it did when I started writing this post a few minutes ago. What is going on here? This is my educated guess:
Donald Trump, or someone close to him, pulled strings to get Hur on the Biden case. Then someone pulled more strings to get Hur, already a Trump partisan, to file a false report criticizing Biden's mental state.
Can something be done about this? Yes, it can. Since Hur was acting as an investigator, he could be sued. He also could be investigated criminally, along with any possible conspirators, under 18 U.S. Code 242 (Deprivation of Rights Under Color of Law)
Could an investigatory trail lead to Donald Trump and his associates? In my view, the answer is yes. Could that lead to a fifth criminal indictment against Trump? Again, I think the answer is yes.
The question then becomes this: Does anyone in the DOJ have the guts and integrity to pursue such a case -- one that would require a federal prosecutor to go after a former federal prosecutor. That would be an uncomfortable assignment for any DOJ employee. But such an investigation can be done, and it must be done if we are going to have a fair presidential election in 2024, one that could determine if we continue to live under a democracy or head toward an authoritarian regime under Donald Trump.
Will such a criminal probe happen? As a skeptic of our justice system -- judges, prosecutors, law enforcement, etc. -- I have doubts that anyone will take this on. But I hope I'm wrong.
