Robert Hur, special counsel in Biden documents case, to testify before Congress on March 12

Breaking down the Biden special counsel report

Washington — Special counsel Robert Hur is scheduled to testify before Congress about his probe into President Biden's handling of classified records for the first time on March 12, according to his personal attorney and a person familiar with congressional negotiations with the Justice Department. 

Hur is set to appear before the GOP-led House Judiciary Committee. The committee and the Justice Department had been working to secure a time for his testimony in recent days.

Last week, Hur released his final report detailing the results of his year-long investigation into the discovery of documents with classified markings in Mr. Biden's personal office and residence. Hur's team concluded that neither Mr. Biden nor any of his aides would face criminal charges over the documents, which dated from Mr. Biden's time as vice president.

Hur's report said that the president's handling of the documents could have presented "serious risks to national security," and described instances in which pieces of classified information were left in unsecured locations. Still, his team concluded the evidence did not prove beyond a reasonable doubt that Mr. Biden broke the law by holding onto the sensitive records. 

The special counsel's upcoming testimony is likely to spark a firestorm on Capitol Hill. Republicans have already capitalized on the report's characterization of Mr. Biden's memory, referencing apparent lapses in his memory during five hours of interviews with the special counsel. 

Mr. Biden, White House officials and other allies have pushed back on the special counsel's descriptions as "gratuitous" and have sought to emphasize Hur's comparison of the president's case with that of former President Donald Trump. 

Hur — a former U.S. attorney and top Justice Department official under Trump, who was appointed special counsel by Attorney General Merrick Garland — noted in his report that Mr. Biden's conduct during the investigation was a factor in the decision not to bring charges.

"Mr. Biden turned in classified documents to the National Archives and the Department of Justice, consented to the search of multiple locations including his homes, sat for a voluntary interview and in other ways cooperated with the investigation," Hur wrote. 

Past special counsels have also testified publicly on Capitol Hill about their findings, including former special counsel Robert Mueller, who oversaw an investigation into potential ties between the 2016 Trump campaign and Russia. John Durham, named special counsel by former Attorney General William Barr to investigate the origins of the Russia probe, also testified after he completed his work.

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