Fox News legal analyst Alan Dershowitz criticized Special Counsel Robert Hur’s report in President Joe Biden’s classified documents case.
Hur’s report says Biden “willfully” retained classified documents from his time as vice-president but cleared him of any criminal charges in the case. Hur among other things argued that Biden’s allegedly poor memory would make him sympathetic to a jury when weighing the decision on whether or not to prosecute him.
In an interview with Fox Business host Maria Bartiromo on Monday, Dershowitz slammed the report as a “disaster,’ adding that Hur “got the law wrong.”
“He was also wrong about how trials are conducted,” Dershowitz said, according to a clip shared by Mediaite. “How would the jury find out about, about Biden’s bad memory? Biden would have to introduce it. As a trial lawyer, I would never have introduced that as a defense in this case. So Hur was wrong.”
He continued: “And going as far as he went in trying to do a medical diagnosis of somebody who he hadn’t examined, medically or hadn’t been examined medically….. He was wrong in everything he possibly could have done. He was wrong about not charging Biden and going into kind of medical diagnosis that will have a political impact on the case.”
Dershowitz, a former Harvard law professor, gave Hur a “D-minus with grade inflation” for the report.
“He’s supposed to be laying out the elements of a crime and not making predictions about how the jury will assess the evidence,” Dershowitz added. “That’s up to the jury itself. So, yeah, he went way to scope of what he should have been doing.”