Im bret baier. Breaking tonight, the issue of President Bidens memory and Mental Fitness on full display in front of a House Committee today. The now former Special Counsel who wrote controversial remarks concerning the subject was grilled today in a hearing about his decision not to charge the president over his retention of classified documents. Correspondent david spunt has all the highlights tonight from a contentious hearing. Good evening, david. David good evening. Robert hur took questions for almost five hours and it became clear right out of the gate that this was a proxy fight over who could possibly win the white house in november. I did not sanitize my explanation, nor did i disparage the president unfairly. Former Special Counsel robert hur defending his report and his credibility. The report critical of President Bidens handling of classified documents found piled up in tattered boxes in his Delaware Garage and personal offices. We identified evidence that the president willfully retained classified materials after the end of his vice presidency. We did, now, identify evidence that rose to the level of proof beyond a reasonable doubt. Republicans expressed frustration the president was not criminally charged but showed support for hurs overall probe. Joe biden failed to properly secure Classified Information and joe biden shared Classified Information with people he wasnt supposed to. Democrats pointing to the first sentence of the 345 page report. We conclude that no criminal charges are warranted in this matter. Turning attention from todays hearing to the november election. Donald trump not the subject of the hur investigation, though he was mentioned by name today multiple times. You are doing everything you can do to get President Trump reelected. Partisan politics had no place whatsoever in my work. Republicans also calling out what they perceive as a dual system of justice. Now we get to this glaring Double Standard. 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. Democrats say hur was wrong to include portions in the report about the president s memory. You understood when you made that decision, didnt you, mr. Hur, that you would ignite a political firestorm with that language . I could have written my report, theoretically in a way that omitted references to the president s memory, but that would have been incomplete and improper report. Robert hurs conclusions ultimately had the bidens Justice Department blessing officials writing just weeks ago that his report was not out of bounds, bret. Bret david, thank you. The biden team is fighting back against the Special Counsels comments and conclusions. White house correspondent Jacqui Heinrich has that part of the story live tonight from the north lawn. Good evening, jacqui. Jacqui good evening, bret. The white houses decision to not prosecute amounts to a declaration of the president s innocence. Thats not exactly how the Special Counsel told his story. There is no case here the president is innocent. That was the conclusion of this case. The white house is arguing against Special Counsel robert hurs testimony that he never exonerated the president. Did you reach conclusion that this man was outright innocent . That conclusion is not reflected in my report, sir. You exonerated him. Did i not exonerate him. Mr. Hur, its my time. The White House Counsels Office posted on x alongside a screenshot defining the word exonerated in america you are innocent until proven guilty. The ultimate conclusion is that charges are not warranted and the case is closed. In other words, the president was cleared. Lawmakers in the hearing had their own takeaways. The sitting president is essentially getting a pass for having broken the law knowingly. He cannot have his cake and eat it, too. Im going to hold mr. Hur to his words. And his words were that there were no criminal charges. The white house wanted hurs testimony to reaffirm his conclusion that conversely, to President Trump, bidens mishandling of classified materials did not warrant charges. And moreover, hurs commentary on bidens age was overwrought. Im wellmeaning and im an elderly man and know what the hell im doing. Postmortem debate over the decision not to prosecute means. Was it that was no evidence against the president . Explain what you mean by that . The conclusion is that there is no case here. Conclusion was that the charges were not warranted. The bottom line is the case is closed. The transcript of bidens october 8th interview did illuminate some detail that we hadnt previously seen. At one point the president deviated into a long antidote about cars, hur tried to get him back on track, and the president was at that point imitating a car sound. Biden also gave some version of i dont know in his answers about 100 times. But the final take here at the white house is that no charges were warranted. That was the conclusion of the Special Counsel and now it is time for republicans to move on. Bret . Bret Jacqui Heinrich live on the north lawn, jacqui, thanks. One House Republican is not waiting until the end of his term to leave the house chamber. Colorado Congressman Ken Buck is getting out in just a matter days and that surprised house leadership. Senior Congressional Correspondent chad pergram tells us what that means now for the g. O. P. Good evening, chad. Bret, the house g. O. P. Majority dwindling. Buck was already retiring but decided to quit at the end of next week. He was one of three republicans who opposed impeaching Homeland Security secretary alejandro mayorkas. Take impeachment social media issue as opposed to an do constitutional concept. [inaudible] and i dont need to spend my time here. When buck is gone, the House Breakdown will be 218 republicans to 213 democrats. The g. O. P. Can only lose two votes. The House Majority shrinks again next month if democrats win a Special Election in western new york. Buck underscored his exasperation with congress. At todays hearing with Special Counsel robert hur. One side thinks you are trying to get President Trump elected and the other side thinks you are trying to get President Biden elected but when both sides attack you, my admonition is welcome to congress. Now, buck faced Death Threats for declining to back jim jordan for speaker last fall. Republican Lauren Boebert is already running for his seat. Bret . Bret chad, really quickly. As thee numbers dwindle, is it possible that there could be switches here and that you could see a speaker Hakeem Jeffries even before we get to november . Probably doubtful because the delta would be about 4 votes there. Its a twovote margin. Votes on the floor right now. But you would have to switch about four or five members to have a speaker jeffries. Bret okay. Chad pergram live on the hill. Chad, thanks. Consumer prices were up four tenths of a percentage point from january to february. 3. 2 over the last year; however, investors continue to be optimistic about a Federal ReserveInterest Rate cut. That is why the dow surged 236 today. The s p 500 was up 57 to another new record close. And the nasdaq jumped 246. All topics of discussion for Edward Lawrence for fox business tomorrow when he has an exclusive interview with treasury secretary janet yellen. We will bring you some of that. February 8th the white house questioned mr. President why did you share Classified Information with your ghost writer . The president i did not share Classified Information. Did i not share it. I guarantee i did not. Thats not true, is it, mr. Hur . That is inconsistent with the findings based on the evidence in my report. Its a lie is just what regular people would say, right . Yeah. All right. Bret former Special Counsel hur up on capitol hill. Lets get some analysis on top story from trey gowdy former congressman from South Carolina and George WashingtonUniversity LawSchool Professor jonathan turley. Trey, let me start with you, youve been around the block in hearings that are contentious at times. Both sides trying to do different things. What was your take on this hearing . I thought he handled the very well. You know, bret, i woke up this morning not sure what robert hurs incompetent canned stand trial. Cant assist in his defense. Cant testify, is he legally incompetent. Number two, that there was some evidence missing on an element of the offense. So you have different elements and there was an evidentiary shortcoming. Number three is there is evidence on all elements, we just dont think a jury would convict him and that seemed to be where he settled and what i dont get, bret, is the facts on biden are actually better than the facts on trump, obstruction aside, leave that aside, on defense Material Handling and classified documents, the biden facts from a former prosecutor are better than the trump facts. Bret and so then you have this back and forth, play some democrats and jim jordan, the contrast evident. Here we go. Cannot tell me you are so naive as to think your words would not have created a political firestorm. He didnt recall how he got the documents. And you knew that that would play into the republicans narrative that the president is unfit for office because he is senile. You exonerated him. Did i not exonerate him. He knew the rules but he broke them before 8 million in a book advance. But do you know what . It wasnt just the money. It was also his ego. Such a record would buttress his legacy as a world leader. We did identify evidence supporting those assessments. Bret jonathan, whats your take and the ultimate decision not to move forward by this Special Counsel . Well, there was a bizarre disconnect. After you listened to hur, he laid out evidence that was remarkably compelling. It was like playing the game of clue and having all the murder weapon, location, the suspect but colonel mustard just couldnt remember how he got there. You know, and he basically said i cant prosecute on this basis. He talked about how biden told someone that he found classified documents in his basement, read from some of those documents to a third party; how evidence was destroyed by this ghost writer in terms of an audiotape. How the white house intervened to try to get facts removed to frame the report in a series of contradictions of not just what joe biden has said in the past but what he said after the interview. And so you e are left here thinking wow this was as good of a case i could imagine and hur said look, i just dont think given his diminished mental faculty that we could guarantee or have a certainty or likelihood of conviction. Now, one can accept that because i have got to tell you, hur came off as incredibly credible. And professional. The problem is the other disconnect with the trump case. I cant see how you could could decline these charges and, yet, go forward on the classified documents charges against trump. And, of course, you have two different Special Counsels. But, that contrast is more glaring today than it has ever been. Bret yeah. And, trey, the other contrast politically is that you have democrats and supporters of President Biden in the wake of the state of the Union Address touting how well he did, how fiery he was. How on his game he was. And it was some called it a Tour De Force on policy and politics overcoming the bar that he had to get over. But, if you do that, then you look at this Special Counsel report and that five hour interview and theres a real disconnect there. Look, he had a good night, the night of the State Of The Union is what in law we call a lucid interval. I mean, congratulations. He read a teleprompter for slightly over an hour. But that is very, very different. I mean, the guy cannot participate in his own defense. How you can handle Nuclear Codes and run the worlds most powerful country but, yet, you cant stand trial is a disconnect that most of us have a hard time reconciling, so, look, congratulations, you made it through a State Of The Union, which is more than many of us watch were able to do but i dont think eliminates peoples concerns about his acuity. Bret jonathan, quickly, you cant stand trial. Isnt the onus on the Special Counsel there and to use that in the wake of everything we have seen . It seems like it may be has been a stretch. Well, i think thats the strange thing about the hearing is that the democrats kept on saying look how good he came across in the State Of The Union and in this report. But you had a guy kept on saying he couldnt remember a thing while making car noises and forgetting key dates. Thats not exactly a roaring endorsement for reelection. But, at the end of the day, we are still left with one of the most damning records you could find and no indictment. Bret trey, jonathan, thank you. We appreciate it. This could be the night both major Party Frontrunners secure their nominations for president. We will look at the numbers. But, first. Weeks after chaos in the streets, haitis Prime Minister makes a major decision as that nation contends with what some are calling a low scale civil war. [gunshots] we thank you for this time to come together as a family, as friends, and as a country. Help us, lord, especially this lent, to grow closer to you. Amen. Join us in prayer this lent. On hallow. 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The food was gathered by World Central Kitchen the charity founded by celebrity chief jose andreas. Being transported by the spanish aid group open arms. Bret Breaking Tonight haitis Prime Minister says he will leave office once a council is created. The caribbean nation is being overwhelmed by violent gangs now in what some are calling a low scale civil war. And some s