‘Release This Transcript’: Law Professor Pours Cold Water On Biden’s Attacks Against Special Counsel

University of California law professor John Yoo defended special counsel Robert Hur discussing President Joe Biden’s mental capacity in his report during a Friday Fox News appearance, and challenged Biden to release the transcript and recordings of his interview with investigators.

Hur’s report released Thursday found Biden deliberately kept classified documents but declined to charge him, citing the fact that Biden reportedly had forgotten the death of his son, former Democratic Attorney General of Delaware Beau Biden. Democrats criticized Hur for describing the president as “a sympathetic, well-meaning, elderly man with a poor memory,” prompting Yoo to fire back at the criticism.

“I actually don’t see how the report could not mention that, because it’s the only ground really on which the special counsel says he’s not going to go after President Biden,” Yoo told “The Story” guest host Trace Gallagher. “Based on what’s in the report, the facts and the law, it looks like President Biden violated the laws on classified information. The only reason the special counsel appears to give for why he wouldn’t go to the courtroom and try to convict Joe Biden is because he says Joe Biden is a sympathetic elderly man with bad, bad memory.”

“The facts of the report are even worse, it’s not bad memory, it looks like he has no memory of certain facts and important dates involving things like the fight over Afghanistan,” Yoo added. “So that is a critical part of the report.”


Yoo, a former deputy assistant attorney general in the George W. Bush administration, offered Biden’s supporters a way to clear up the claims.

“I challenge the Biden Administration this way: If you really think that this special counsel you picked is distorting and misrepresenting, then release this transcript,” Yoo said. “Release any audio or video recordings of President Biden’s interview and let us decide whether we think he’s an elderly man with bad memory or not.”

Biden’s age and mental fitness have become issues following a number of verbal gaffes. Biden claimed he spoke with former French President Francois Mitterrand, who passed away in 1996, Sunday, then claimed to have spoken with former German Chancellor Helmut Kohl about the Jan. 6, 2021 riot at the Capitol three days later, even though Kohl died in 2017.

During the speech, Biden forgot the parish where an annual memorial service for Beau Biden is held and mixed up the presidents of Egypt and Mexico.

In September 2022, Biden asked for Republican Rep. Jackie Walorski of Indiana, who was killed along with two staffers in an August 2022 motor vehicle accident, during a conference on hunger. Biden has also suffered multiple falls during his term in office, including one at the Air Force Academy June 1, falling down while on his bike in June 2022 and stumbling on the steps of Air Force One on two occasions.

Harold Hutchison on February 9, 2024

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