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But at several key points in Tuesday’s testimony, Ho poked holes in Republican attempts to use his report against Biden.
House Judiciary Committee Chairman Jim Jordan (R-Ohio) made characteristically broad and oversimplified claims about what Hoare’s report showed.
Mr. Jordan began by claiming that Mr. Heo wrote “Mr. John” in the report. Biden intentionally kept marked classified documents and handwritten notes about Afghanistan in his notebook. ”
In fact, Jordan had cut Mr. Herr’s sentence. Mr. Xu simply wrote that the investigation “found evidence” to that effect, but that was not his conclusion.
When Rep. Harriet Hageman (R-Wyo.) made the same point, Herr tried to set the record straight by emphasizing the word “evidence,” which she and Jordan had avoided. Then he went further and made it clear that the evidence wasn’t enough.
“But in the end, we concluded that the evidence was insufficient to justify–” Mr. Herr said, cutting off Mr. Hagemann.
Both Mr. Hageman and Mr. Jordan theorized that Mr. Xu’s report would have, in effect, accused Mr. Biden of criminal conduct had it not been for his memory loss.
Jordan summed it up this way: “However, Mr. Heo chose not to prosecute because he is a forgetful old man and might appear sympathetic to the jury.”
Mr. Xu once again clarified that it was not an accurate summary. He stressed to Hageman that what Biden presents to the jury is just an “element” of the decision.
Rep. Matt Gaetz (R-Florida) similarly claimed that Herr said the charges “meet the elements of a federal crime.”
“But applying this old cooperator theory, I don’t think that just because Joe Biden cooperated and the elevator didn’t go to the top floor would result in a conviction,” Gates said.
“I have to agree with at least one thing you said,” Herr told Gates. “That means we found that all the elements were met.”
Hoar said he determined that Biden could not prove he had the necessary intent.
Mr. Gaetz and Mr. Jordan also pointed to Mr. Hur’s report that Mr. Biden’s ghostwriter, Mark Zwonitzer, deleted important audio recordings in which Mr. Biden discussed classified documents and possession of classified documents. did. Zwonitzer allegedly deleted them after learning of the special counsel’s investigation.
“That’s the important lesson in my mind,” Jordan said, citing the destroyed evidence.
Gaetz said Zvonitzer’s failure to indict him shows a double standard. He seemed to compare it to Trump allies who were indicted for allegedly participating in a plot to delete Mar-a-Lago surveillance footage to hide Trump’s classified documents. .
“If removing evidence of a crime doesn’t count, what meets the standard for obstruction of justice?” Gaetz asked.
In fact, Mr. Hoar’s report states that Mr. Zwonitzer’s cooperation, including the creation of transcripts containing key passages from the same recordings, was “his decision to delete the recordings intended to hide those materials from investigators.” “This suggests that they were not doing so.”
In his testimony Tuesday, Mr. Xu again cited Mr. Zwonitzer’s writing of the report as a mitigating factor.
It is true that there were conflicts with the Democratic Party.
Mr. Hurr criticized Mr. Biden for baselessly or misleadingly citing memory loss from Representatives Adam Schiff (D-Calif.) and Hank Johnson (D-Ga.). He remained resolute in the face of attack. Mr. Xu said they were related to his own decisions as special prosecutor. (As The Washington Post’s Matt Visor reports, a just-released transcript of Biden’s interview with Hur suggests that Biden may not be as absent-minded as Hur’s reporting made him seem.) )
Mr. Xu also emphasized that he did not exonerate Mr. Biden. And his report clearly provides fodder for Republicans who want to highlight Biden’s age, a major concern for American voters.
But that doesn’t mean Hsu’s report says everything Republicans claim about Biden. And on Tuesday, he made it pretty clear.
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