Letters Reveal Clash Between White House and Justice Department Over Special Counsel Report

The media recently obtained letters that shed light on the conflict between the White House and the Justice Department before the release of a special counsel report on President Joe Biden’s handling of classified documents.

“We object to the multiple denigrating statements about President Biden’s memory which violate longstanding DOJ practice and policy,” the lawyers stated in the letter dated Feb. 7.

“The Special Counsel can certainly and properly note that the President lacked memory of a specific fact or series of events. But his report goes further to include allegations that the President has a failing memory in a general sense, an allegation that has no law enforcement purpose.”

Mr. Hur’s report, issued on Feb. 8, found evidence that President Biden “willfully retained” and shared highly classified information after his vice presidency when he was a private citizen but determined that no criminal charges were warranted.

In his 388-page report to Mr. Garland, the special counsel made a highly critical evaluation of the 81-year-old president’s mental fitness, describing him as “a sympathetic, well-meaning, elderly man with a poor memory.”

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The report referred to the president’s memory as “hazy,” “significantly limited,” “faulty,” and “poor.”

Following the release of the report, the president hurriedly summoned a press conference that evening to address the growing concerns surrounding his age and memory.

“My memory is fine,” President Biden said angrily in response to questions from the press.

The White House lawyers attacked the special counsel for making broad claims based on a 5-hour interview with the president.

“A global and pejorative judgment on the President’s powers of recollection in general is uncalled for and unfounded,” the lawyers stated in the letter to Mr. Garland.

“Having carefully considered your arguments, the department concludes that the report as submitted to the Attorney General and its release are consistent with legal requirements and department policy,” Mr. Weinsheimer said in the letter dated Feb. 8.

“The identified language is neither gratuitous nor unduly prejudicial because it is not offered to criticize or demean the President; rather, it is offered to explain Special Counsel Hur’s conclusions about the President’s state of mind in possessing and retaining classified information,” he added.

Ian Sams, a spokesperson for the White House counsel’s office, slammed Mr. Hur’s report, stating that the special counsel’s views might have been influenced by political pressure from Republicans.

“The gratuitous comments in the report are troubling, and they’re inappropriate,” Mr. Sams told reporters during a Feb. 9 press briefing.

President Biden reportedly experienced some frustration with Mr. Garland following the special counsel’s report. According to media reports, citing anonymous sources, the president held Mr. Garland responsible for not requesting revisions to the special counsel’s report, specifically the comments about his memory lapses.

During an interview with the special counsel’s office, President Biden displayed “poor memory,” as he couldn’t recall the start or end of his vice presidency, according to Mr. Hur’s report.

President Biden also struggled to recall significant events, such as the timing of his son Beau’s death, and details about important matters, such as the Afghanistan debate, according to the report.

On Feb. 9, Vice President Kamala Harris blasted the special counsel as being “wrong on the facts” and “politically motivated.”