Hur testifies Biden 'willfully retained classified materials,' but prosecutors 'had to consider' mental state

Ex-Special Counsel Robert Hur testified Tuesday that President Biden "willfully retained classified materials," but said he "had to consider" the president’s "memory and overall mental state" when determining whether to bring charges against him.

Hur, who testified publicly before the House Judiciary and Oversight Committees Tuesday, explained that he did not bring charges against the president despite the willful retention of classified records about military and foreign policy in Afghanistan and other countries, among other records related to national security and foreign policy, which Hur said implicated "sensitive intelligence sources and methods."

BIDEN RETAINED RECORDS RELATED TO UKRAINE, CHINA; COMER DEMANDS 'UNFETTERED ACCESS' AMID IMPEACHMENT INQUIRY

"My team and I conducted a thorough, independent investigation," Hur testified. "We identified evidence that the President willfully retained classified materials after the end of his vice presidency, when he was a private citizen."

"This evidence included an audiorecorded conversation during which Mr. Biden told his ghostwriter that he had ‘just found all the classified stuff downstairs.' When Mr. Biden said this, he was a private citizen speaking to his ghostwriter in his private rental home in Virginia," Hur continued. "We also identified other recorded conversations during which Mr. Biden read classified information aloud to his ghostwriter."

He added, though, that "we did not, however, identify evidence that rose to the level of proof beyond a reasonable doubt. Because the evidence fell short of that standard, I declined to recommend criminal charges against Mr. Biden."

But Hur said he "needed to explain why" he declined prosecution.

"I had to consider the