Host this would force tiktok to either divest of their chinese ownership or face a ban on the u. S. We will talk about that more later in the program with a tech reporter. Just an update on the election, here is the ap with this headline we will talk about that and other things during open forum but lets get back to the robert hur hearing from yesterday. This is a portion of him outlining the evidence in the case and why he decided to not bring charges biden. [video clip] my team and i conducted a thorough, independent investigation. The identified evidence that the president willfully retained classified materials after the end of his vice presidency and he was a private citizen. This evidence included inion during which mr. Biden told his 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. We also identified other recorded conversations during which mr. Biden red classified information allowed to his ghostwriter. 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. The departments regulations required me to write a confidential report explaining my decision to the attorney general. I understood my explanation about this case had to include rigorous detailed and thorough analysis. In other words, i needed to show my work just as i would expect any prosecutor to show his or her workthe need to show my work was especially strong here. The attorney general had appointed me to investigate the actions of the attorney generals boss, the sitting president of the United States. I knew that for my decision to be credible, i could not simply announce that i recommended no criminal charges and leave it at that. I needed to explain why. My report reflects my best effort to explain why i declined to recommend charging President Biden. I analyze the evidence as prosecutors routinely do by assessing its strengths and weaknesses including my anticipating the ways in which the president s defense lawyers might poke holes in the government trial and seek to persuade jurors that the government could not prove his guilt beyond a reasonable doubt. Host that was former special prosecutor robert hur. We are taking your calls this morning on that topic. If you have watch the case, we have it on our website. The transcript of the report and the transcript of the interview biden are on our website so you can take a look at those as well. The hearing itself lasted over four hours and we have a couple of items before we get to calls, the representative we are going back to our topic this morning of the robert hur testimony yesterday in front of the house committee, Judiciary Committee. Lets look at democrat adam schiff taking him to task yesterday about including characterizations of President Bidens memory and mental acuity. [video clip] i could have written my report theoretically in a way that omitted references to the presence memory but that would have been an incomplete and improper report. That was not my question. You could have written your report with comments about his specific recollection as to documents or a set of documents but you chose a general pejorative reference to president. You understood when you made that decision, didnt you, that you would ignite a political firestorm with that language didnt you . Politics played no part whatsoever in my investigative steps. You understood nevertheless you cannot tell me you are so naive as to think your words would not have created a political firestorm. That, didnt you when you wrote those words and you decided to include those words and go beyond specific references to documents, you understood they would be manipulated by my colleagues here on the gop side of the aisle and by President Trump you understood that, did you not . What i understood as the regulations that govern my conduct as special counsel. I wrote a confidential report for the attorney general. Confidential. You knew it would not be confidential. Didnt you . The regulations required me to write a confidential report explaining my decision to the attorney general. But you knew it would be released. That was up to the attorney general. You knew it would be released, did you not . You understood it would be released . I understood from the attorney generals Public Comments that he would make as much of my report public as he could consistent with legal requirements of doj. You understand dod policy that you are to take care not to prejudice the interest of the subject of an investigation, right . That is generally one of the interests doj policy requires prosecutors respect. And it was your obligation to follow that policy in this report, was it not . It was also my obligation to write a confidential report for the attorney general explaining completely but what you did right was deeply president ial to the president. You say wasnt political but you mustve understood, you mustve understood the impact of your words. You mustve understood the impact of your decision to go beyond the specifics of a particular document and go into general, your own personal prejudicial subjective opinion of theresident when you know it would be amplified by his political opponents and it would influence a political campaign. You had to understand that. And you did it anyway. You did it anyway. Host we are taking your calls this morning on that case. We will start with eddie calling us from cartersville, georgia, democrat, good morning. Caller good morning. When donald trump withheld documents like that, if they are going to throw it all on donald trump we need to be fair with biden, too. Even mike pence that documents classified documents. They all turned them in. People are going after joe biden and are not Holding Donald trump accountable for those documents. They showed him on video that he was trying to tell the whole world that hes unfit. We do not need donald trump back in office because it will be tragedy. They are talking about dog days, when they go after donald trump his dog days, if he gets back in this office, im praying to god that all is democrats get out and vote. Keep him from getting back in this office because im telling you, this 500,000 500 million he owes hes probably not going to pay for it. We will probably pay for it. You are trying to put this man back in office. Host we got it. Dana in indianapolis, indiana, democrat this morning good morning. Caller i was just wanting to say to eddie that what he has to understand is the difference with what donald trump did with the documents and what mike pence and biden had done with the documents. Host you have to talk into the phone, dont listen to your tv. Caller yes, i want to say that donald trump, the way he had negotiated with the intelligence for 18 months about his documents and he said they were his personal documents and they are not. Did the young men working for him for 20 years, that gentle man said the other day, worker number five said the other day e and the other two gentlemen who are coconspirators had moved documents that date when the fbi issued a search warrant. They had specifically had instructions to move the documents to new jersey, to put them on a plane and get them ready to be transported to new jersey. What people dont understant. In Donald Trumps attempt he has not worked with anyone about those documents. He was lying about them and his intent. And what they say about the australian billionaire, we would be in trouble. Donald trump did not take all those documents for nothing. Host ight, lets talk to darren next, a republican in orange, california, good morning. Caller good morning, the first caller, i dont think he had a full understanding of whats going on with these documents because mike pence and trump and biden all have the same documents doesnt mean everything is the same. There is a difference. One guy did not want to give the document back. He moved the documents around. In addition, he lied to the fbi about what was going on with the documents. From what i understand, did they ever get all of them back . I like to talk about one other topic that has something thats a Little Something to do with a narrative thats always on cspan and i will get off the line. They are talking about that there were no weapons but there were 10 individuals in the january 6 riot that were actually charged with weapons violations, mainly john benellos on weapons charges. Everybody have a great morning. Host this is a text we gotlets hear from former special counsel robert hur defending his reasons to include president binds mental acuity and report. [video clip] there has been a lot of attention paid about the presence memory. Let me say a few words about that. My task was to determine whether the president retained or disclosed National Defense information willfully. That means knowingly and with the intent to do something law forbids. I could not make that determination without assessing the president s state of mind. For that reason, i had to consider the presence memory and overall mental state and how a jury likely would perceive his memory and mental state in a criminal trial. These are the types of issues the prosecutors analyze every day. Because these issues were important to my ultimate decision, i had to include a discussion of them in my report to the attorney general. The evidence and e president himself but his memory squarely at issue. We interviewed the president and asked him about his recorded statement i just found all the classified stuff downstairs he told us he didnt remember saying that to his ghostwriter. He also said he didnt finding any classified material in his home after his vice presidency. And he didnt remember anything about how classified documents about afghanistan made their way into his garage. My assessment in the report about the relevance of the presence memory was necessary and accurate and fair. Most importantly, what i wrote is what i believe the evidence shows and why i and believe. I did not sanitize my explanation nor did i disparage the president unfairly. D to the attorney general my decision and the reason for it. Thats what i was required to do. Host back to your calls with dan in ohio, republican. Caller good morning. Good morning. Host go ahead, you are on. Caller the trial is a waste of time. Only thing that we need to know is who took the documents out of the skiff. If that is illegal then biden would have been in jail. Thank you. Host in dayton, ohio, republican, good morning. Caller good morning with a balmy 70 degrees in dayton ohio. Joe biden willfully retained documents per his own words. People also he also gave military classified secrets to his ghostwriter. Joe biden told his ghostwriter go into the basement, get the classified documents, they are classified, go ahead and take them and joe biden made a million dos f then the ghostwriter said i have classified documents. What did he do . He shredded the evidence all in thehur report, those are all facts. Joe biden willfully took classified documents over 40 years when he was senator. Joe biden should be held for treason for having topsecrebut none of your callers, your first caller was terrible and from the gentleman from cheney and Cassidy Hutchinson contrived their story for Cassidy Hutchinson saying that donald trump was commandeering the beast and that was all a lie. That came out yesterday. Host all right, lets talk to al in georgia, republican. Caller all right. Listen, i dont understand whats going on in this country. It looks like there are two sets of laws. Joe is going to get off and i wonder if he was playing stupi and it backfired on him. Weve got to calm this country down. Its out of control. I wish we could meet together and have somebody who would be right in the middle that would settle all these arguments. We are going to destroy our own country. Host all right, this stephen is calling from fort lauderdale, florida, democrat. Caller good morning, cspan. I wanted to throw this out to the world donald trump has had these classified documents in his possession for quite a while. He probably knew he would have tremendous legal fees and fines and you cannot tell me that man is not tried to openly sell all these classified documents to leaders all over the world including russia, including china and his new best friend. I am not a brilliant guy but i cant imagine that the cia and the fbi are not onto this andwe are going to see donald trump in prison for treason and thats the best thing that could happen to this country. Thank you. Host larry is an independent in florida, good morning. Caller good morning. Th far has shown the whole country how the democrats and republicans are so divided and how the democrats seem to want to tell mr. Hur what happened instead of listening to his side the story and his decisions. If in fact mr. Biden is a dithering old man that cant be trusted to not soil himself, how in the world is he still president . Host all right. Ed in ocean city, new jersey independent. Caller ed odonnell, im from delaware and ive known joe for 52 years and spent hundreds of hours with him. He is in much worse physical and mental shall that shape and you are seeing and donald trump is in horrible physical and mental shape. My father was a doctor and went to yale. The Third Party Candidates for president are not up to the job. I am a thirdparty candidate for president. Ed oconnell, president for the United States and youre the best journalist on national television. Host you really think so . Caller i do. If i become president , you get the first interview. Host new york, democrat, good morning. Caller good morning. Host its mimi. Caller good morning. Ive been on a few times over the past years. I just had an observation. When roberthur was speaking something that happens to a lot of people, he made statement about the presence mental capacity but is not a psychologist. He doesnt have a i very well respect what he does but to make thatg joe or even trump when anybody does that, its not valid. Thats all i have to say. I appreciate the show. You have some pretty intelligent people speaking on both sides. Thank you again. Host lets take a look at republican matt gaetz of florida. He was talking with special counsel, former special counsel hur inconsistencies and present biden testimony. [video clip] february 8, the white house question, mr. President , why did you share classified information with your ghostwriter . The president said i did not share classified information. I guarantee i did not. Thatt hur that is inconsistent with the findings based on the evidence in my report . Its allies with is what regular people would say. So the next one, in all the stuff that was in my home was in filing cabinets that were either that wasnt true either, was it . Hur that was inconsistent with the findings of our investigation. Another lie that people might say but you putting report that among the places classified documents were was a damaged open box. What im understanding, you find in your report that the elements of a criminal violation are met but then you apply this senile cooperator theory, that because joe biden cooperate in the elevator didnt go to the top floor, he doesnt get a conviction. Think you get to the right answer. I dont think biden or trump should have been charged but under this senile cooperator theory, isnt it frustrating to biden continues to go out and lie about the basic facts of the report layout of federal criminal violation . O disagree with at least one thing you said which is that i found all of the elements were met. One of the elements of the relevance is handling the intent element what my report reflects my judgment that based on the evidence, i would not be able to prove beyond r a jury that that that intent element existed. The reason you have that doubt is the senile cooperator theory, the fact that joe biden responding that you cannot prove the intent. I dont quibble with that conclusion but its frustrating to say this guy is not getting treated the trump because the elevator is not going to the top floor so we can prove intent while at the same time biden goes to the white house and says he justlatantly lied. What im trying to figure out is his joe biden line because he so senile or its a little craftier intentional than we might otherwise think. Host we are taking your calls for the next 25 35 minutes on this topic of the hearing from yesterday and james is independentllo. Caller we just got through hearing the main reason this country is in such a shape today. All this about yesterday was a chauffeur donald trump. It was nine or 10 of them in their there called maga republicans and they are so scared of donald trump, they are working for donald trump. We need congress to start working for the people. I want t congratulate ken buck for getting on tv and admitting that hes leaving congress because they are just a donothing congress and ken buck wants to do something for the country. He will after he leaves washington. I live on a beach and we are flooded by people from ohio and we would appreciate all of them democrat or republican. I talked to both of them and they wish jim jordan was voted out of office because they are tired of this and all his crao p. He is more of a problem for ohio than he is for the United States. I know thats got to be bad because he is a thorn in this country. Jim coomer, matt gaetz, Marjorie Taylor green in jim jordan, if they would just leave washington today, monday this country would be on the right track to get straightened out. All they are doing and whatever they do is for donald trump. Donald trump will ruin this country if he gets back in. Any time you do something the second time, he will do it 100 better than the first so he knows all the tricks now. Hes going to turn this country into the country weve never seen in our life. Im 63 years old and ive been watching this. I started watching this stuff. Ive been watching donald trump for about eight years. That man is a number one heel. There are people like me or independents and swing v even if he doesnt like biden, i know you love this country and you love the freedom weve got. Vote for biden, thank you. Host sherry is next in dallas texas, democrat. Caller good morning. How are you doing . Host im doingthings in dallas . Caller they could be better. I was calling because i wanted to say that when it comes to the documents, donald trump did not want to return them. Thats the difference in him and joe. I want to say that i dont know why everybody is listening to donalds lies. He lied about covid, he lied about the election, he lied about the documents, he lied about [indiscernible] all he does is light and the republican