PBS News Hour

GEOFF BENNETT: Welcome to the "NewsHour."

The special counsel who said President Biden's age and memory factored into his decision not to charge the president for his retention of classified documents testified on Capitol Hill today.

As William Brangham reports, Republicans sought answers as to why the president wasn't charged, while former President Donald Trump faces 40 charges for his handling of classified materials and obstructing justice.

REP. JIM JORDAN (R-OH): Joe Biden broke the law.

WILLIAM BRANGHAM: Republicans called special counsel Robert Hur, who in his report released last month said evidence suggested President Biden had willfully retained classified documents at his home and offices, but wrote -- quote -- "We conclude that no charges are warranted in this matter."

ROBERT HUR, Former Department of Justice Special Counsel: What my report reflects is my judgment that, based on the evidence, I would not be able to prove beyond a reasonable doubt to a jury that that intent element had been met.

MAN: Right, but the reason... WILLIAM BRANGHAM: Hur's report said making that case would be difficult because the president -- quote -- "would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory."

ROBERT HUR: My assessment in the report about the relevance of the president's memory was necessary and accurate and fair.

I did not sanitize my explanation, nor did I disparage the president.

REP. JIM JORDAN: He knew the rules, but he broke them for $8 million in a book advance.

WILLIAM BRANGHAM: Republicans criticized Hur for not bringing charges, alleging Biden's deal for an autobiography was why he kept the classified documents.

REP. JIM JORDAN: It wasn't just the money.

It wasn't just $8 million.

It was also his ego.

Pride and money is why he knowingly violated the rules.

WILLIAM BRANGHAM: According to the transcript of the president's five-hour interview with the special counsel last year, Biden at times spoke in great detail about decades-old events, but in other cases struggled to recall dates, like when he left the vice presidency or when his son died.

JOE BIDEN, President of the United States: How in the hell dare he raise that?

WILLIAM BRANGHAM: Democrats accused Hur of partisanship by inserting what they described as inflammatory language about the president's age and memory.

REP. ADAM SCHIFF: You chose a general pejorative reference to the president.

You understood when you made that decision, didn't you, Mr. Hur, that you would ignite a political firestorm with that language, didn't you?

ROBERT HUR: Congressman, politics played no part whatsoever in my investigative steps, my decision, or the words that I put in my report.

REP. ADAM SCHIFF: But you understood nevertheless, didn't you, Mr. Hur -- Mr. Hur, you cannot tell me you're so naive as to think your words would not have created a political firestorm.

You understood that, didn't you?

WILLIAM BRANGHAM: But with the 2024 presidential election looming, partisanship was on full display.

Republicans pointed to a perceived double standard, with Donald Trump facing 40 criminal charges for his handling of classified documents in a case brought by special counsel Jack Smith.

REP. TOM MCCLINTOCK (R-CA): The fact that the only person being prosecuted for this offense happens to be the president's political opponent makes this an unprecedented assault on our democracy.

WILLIAM BRANGHAM: In his report, Hur lays out clear distinctions between the two cases.

While Biden returned the documents and fully cooperated, Mr. Trump -- quote -- "did the opposite" and allegedly obstructed justice.

REP. JERROLD NADLER (D-NY): President Trump was fundamentally incapable of taking advantage of even one of the many, many chances he was given to avoid those charges.

WILLIAM BRANGHAM: Trump's trial is currently scheduled to begin in May, but his attorneys will argue later this week for a delay.

For the "PBS NewsHour," I'm William Brangham.