Newly released audio recordings from Special Counsel Robert Hur's investigation into President Joe Biden's retention of classified documents feature instances where Biden appeared to struggle with memory, undercutting the defenses put forth by prominent Democrats following the initial report.
The audio, obtained by The Oversight Project and initially revealed Monday night, captures conversations between Biden and his memoir ghostwriter, Mark Zwonitzer, from 2016 and 2017. In one segment dated April 24, 2017, Biden faltered when attempting to recall the names of two economic advisers.
"I'll think of his name," Biden is heard saying. "I should write the names down because I keep forgetting them." A significant pause followed before Zwonitzer prompted him with the name Alan Krueger.
Another instance involves Biden discussing a memorial service. "I think I went to that memorial service in Wilmington. It says [REDACTED] December the 4th, but I don't -- I know what this means. Memorial service -- [REDACTED] gets names really f---ed up," Biden stated. "So it says memorial service for [REDACTED]. I don't think her name was [REDACTED]. Or I forget [REDACTED]."
These recordings contrast with the statements made by various Democrats after Hur's 2023 report was released. Special Counsel Hur's report characterized Biden as "an elderly man with a poor memory," while also concluding that prosecuting him for retaining classified documents might be difficult to secure a conviction.
At the time of the report's release, then-Vice President Kamala Harris described the characterization of Biden's demeanor as "inaccurate and inappropriate" and "clearly politically motivated, gratuitous." Other Democrats, including Rep. Dan Goldman (D-N.Y.), echoed these sentiments, accusing Hur of editorializing and including unnecessary material in his report.
Andrew Weissman, former general counsel to the FBI, stated on MSNBC that discussing a subject's memory in such a report was "irrelevant" and "gratuitous," suggesting it could "put your thumb on the scale that could have political repercussions." Ian Sams, a spokesperson for Biden's general counsel, also called the report "gratuitous," implying pressure on the special counsel to criticize given no indictments were issued.
Sen. Jack Reed (D-R.I.) commented that age was a known factor and that voters would make their choice in November, adding that he had not heard concerns about Biden's command during recent meetings. Sen. Tina Smith (D-Minn.) asserted that Biden was "at the very top of his game" after spending a day with him.
Despite these defenses, the newly surfaced audio provides concrete examples that appear to support Hur's findings regarding Biden's memory limitations during the period of his interviews for the memoir.
Biden's legal team had engaged in a legal battle to keep the audio tapes private. A spokesperson for Biden stated that the conversations were private and provided to the Department of Justice under the condition they remain so, calling the decision to make them public "just the latest example of this Administration weaponizing the DOJ for political retribution."