By Dan Kennedy • The press, politics, technology, culture and other passions

Tag: Robert Hur

The media, the president and what we should have known about his age-related issues

George Stephanopoulos interviews President Biden in 2021. White House photo.

Right now we’re all waiting to see how President Biden does in his interview with George Stephanopoulos. Obviously Biden has to come off as coherent, and even then it’s not going to stop calls for him to step aside in the midst of donor panic and declining poll numbers. The New York Times and The Boston Globe are reporting that Massachusetts Gov. Maura Healey has been telling associates that Biden’s candidacy is “irretrievable.”

Given the terrible position in which we find ourselves, it’s worth asking whether the media should have covered Biden differently over the past few months. My Northeastern University colleague Jill Abramson, a former executive editor of the Times, thinks so, writing a commentary for Semafor that begins:

It’s clear the best news reporters in Washington have failed in the first duty of journalism: to hold power accountable. It is our duty to poke through White House smoke screens and find out the truth. The Biden White House clearly succeeded in a massive cover-up of the degree of the President’s feebleness and his serious physical decline, which may be simply the result of old age. Shame on the White House press corps for not to have pierced the veil of secrecy surrounding the President.

Richard Tofel, a former top executive at The Wall Street Journal and ProPublica, has been reminding us on social media that he’s been calling for greater scrutiny of Biden’s age since last October. Here’s part of what he said back then:

Is Biden speaking more slowly because he’s conscious that his lifelong stutter might now be taken for cognitive frailty, or because he has no choice? Is he walking more cautiously because he knows the political peril of falling, or because he can no longer go any faster? If you think you know the answers to those questions, what is your evidence? I know of very little, either way.

My own sense is that there was actually quite a bit of reporting on Biden’s age even before his disastrous June 27 debate with Donald Trump, but that it was discounted for a variety of reasons. When special counsel Robert Hur called Biden “a sympathetic, well-meaning, elderly man with a poor memory,” that got plenty of coverage. At the same time, though, Hur was arguably engaging in prosecutorial misconduct by adding his own commentary while not bringing charges against Biden — which, in turn, reminded people of then-FBI Director James Comey trashing Hillary Clinton in 2016 over the way she handled her emails even while concluding she had not committed a crime.

The Wall Street Journal published an in-depth story on Biden’s age-related issues in early June, but that was widely dismissed because of the Journal’s reliance on partisan Republican sources, including former House Speaker Kevin McCarthy, who had previously told aides privately that he found the president to be sharp in White House meetings.

The Times itself has spent months obsessing over what voters think about Biden’s age, which in turn brought about accusations of both-sides-ism and false equivalence given that Trump is nearly as old and arguably more addled as well as an insurrectionist and a convicted criminal who’s been found liable for sexual assault.

Brian Stelter has written an excellent, deeply reported overview for Vox. Here’s the nut:

The national media wasn’t dodging the story: The biggest newspapers in the country published lengthy stories about Biden’s mental fitness. The public wasn’t in the dark about Biden’s age: Most voters (67 percent in a June Gallup poll) thought he was too old to be president even before the debate. But questions about Biden’s fitness for office were not emphasized as much as they should have been.

That’s the third option: The stories should have been tougher, the volume should have been louder.

Then, too, journalists are not unaware of what we’re facing. A second Trump term could amount to nothing less than the end of democracy in this country. Surely there was a sense that as long as Biden wasn’t too impaired, it wasn’t worth the risk of throwing the election into chaos and risking Trump’s return to office — this time as the head of the authoritarian right.

If Biden could somehow make it across the finish line this November, so this thinking went, it would be up to God and Vice President Kamala Harris after that. I definitely count myself among those observers who dismissed concerns about Biden’s age, partly because I thought they were overblown, partly because I feared the consequences of removing Biden from the top of the ticket.

Unfortunately, we’ve got chaos anyway.

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Hur lied

Special counsel Robert Hur. Photo (cc) 2021 by Maryland GovPics.

I’m not sure how else we can characterize what happened. Special counsel Robert Hur all but called President Biden senile recently in describing him as “a well-meaning, elderly man with a poor memory.” Hur declined to recommend charges against Biden for keeping classified information in his possession, essentially arguing that it would be cruel to do that to an 81-year-old man in the early stages of dementia. And, of course, the media fell for it.

Now we know that Hur’s report grossly mischaracterized the reality, revealed in the transcripts of Biden’s deposition with prosectors. CNN media reporter Oliver Darcy has a good roundup of the media mea culpas, writing:

The acknowledgement from some, but not all, news outlets on Tuesday about the true nature of Biden’s deposition marked another embarrassing moment for the national press, which has floundered at pivotal moments in the lead up to the crucial 2024 presidential election.

The deposition transcripts not only indicated that Biden appeared fairly sharp during his testimony, joking with investigators and retelling stories with granular detail, but that Hur was misleading in how he presented some of the information included in his report.

It’s like a rerun in reverse from 2019, when then-Attorney General Bill Barr put out a summary of special counsel Robert Mueller’s investigation into the Trump campaign’s Russia ties that falsely declared Donald Trump had not obstructed justice. It became clear that’s not what Mueller was saying once his full report came out, but truth, boots, etc.

I especially enjoyed this account of Biden’s deposition, from Charlie Savage’s report Tuesday in The New York Times:

“I don’t remember how a beat-up box got in the garage,” he [Biden] said, speculating that someone packing up must have just tossed stuff into it. He added that he had “no goddamn idea” what was in a tranche of files shipped to his house and “didn’t even bother to go through them.”

Who among us?

Now, it has to be said that it was Attorney General Merrick Garland who named Hur, a one-time Trump appointee, as the special counsel. Given Hur’s predictably mendacious performance, I’d say that chances of Garland’s serving in a second Biden administration, should there be one, are nil. And they should be.

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Is Ezra Klein’s call for Biden to stand aside realistic or desirable? Probably not.

Then-candidate Joe Biden. Photo (cc) 2019 by Matt Johnson.

You may have heard that Ezra Klein has called for President Biden to pull out of the campaign and let a younger generation of Democrats compete for the nomination. Klein, who hosts a podcast and writes commentaries for The New York Times, is someone I look to for guidance. This isn’t just the Times being the Times; Klein was a prominent thinker and commentator before coming to the Times, and he will continue to be long after he leaves.

You can listen or read what Klein has to say here. There’s not a lot of analysis I want to add except to say that he’s thought through most of the objections. He believes Biden has been an effective president and could continue to be in a second term, but that his age has become a real obstacle to his re-election — and that the stakes are way too high to take the chance that Donald Trump could return to the White House. Yes, Trump is nearly as old, far more addled, and, unlike Biden, faces 91 criminal charges and has all but pledged to rule as an authoritarian. Klein believes that anything that keeps Trump out of power is worth doing, even if it means somehow persuading Biden to call it a career.

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Probably my main objection to Klein’s idea is that it’s so late. If Biden had pulled out a year ago, we could have had a proper primary campaign. So what is Klein’s alternative? Throwing it to the Democratic National Convention in August, a truly risky move. “There is a ton of talent in the Democratic Party right now,” Klein writes, and he offers a long list that, intriguingly, omits California Gov. Gavin Newsom and includes Georgia Sen. Ralph Warnock. I’m skeptical of Newsom, and I have to say that I like the idea of Warnock.*

Another problem that Klein has given some thought to is what to do about Vice President Kamala Harris. His answer is that she is a better and more appealing politician than she’s generally given credit for, and that she could compete at the convention like everyone else. If she wins, she wins; if she loses, that’s not a reason to believe that the party would be torn apart. I’m not so sure about that, but Klein puts it this way:

Could it go badly? Sure. But that doesn’t mean it will go badly. It could make the Democrats into the most exciting political show on earth. And over there on the other side will be Trump getting nominated and a who’s who of MAGA types slavering over his leadership. The best of the Democratic Party against the worst of the Republican Party. A party that actually listened to the voters against a party that denies the outcome of the elections. A party that did something different over a party that has again nominated a threat to democracy who has never — not once — won the popular vote in a general election.

I’d say my biggest objection is that Klein would reward special counsel Robert Hur, who recently cleared Biden of criminal wrongdoing in his retention of classified documents but then gratuitously smeared him by suggesting that the president is senile. It was a gross example of prosecutorial misconduct. But that doesn’t mean concerns about Biden’s age aren’t real. As Klein notes, he may be sharp and focused in private (just ask Kevin McCarthy), but he’s slowed down in public, and his own campaign seems to be trying to hide him from scrutiny.

The issues involved are difficult to sort out. In addition to Hur’s actions, which ought to be investigated, there is also the media’s wildly disproportionate coverage of Biden’s age. It’s a legitimate story, of course, but it’s gotten far too much attention when compared with more important stories, many of them having to do with Trump’s dangerous and outrageous pronouncements. In addition, the notion that Biden will stand down is almost certainly wishful thinking — that is, if you’re even wishing for it. “The sky is blue and Joe Biden is going to be the Democratic Party’s nominee,” as Josh Marshall puts it.

Anyway, Ezra Klein’s piece is worth a read or a listen at least as a thought exercise. It seems pretty obvious that if we’re going to stop Trump, it’s going to have to be with Biden. But Klein’s counter-factual is pretty interesting.

*Correction: I swear I can’t read. Newsom is on Klein’s list. I’m still skeptical of him, though.

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It’s James Comey redux as special counsel Hur clears (and slimes) President Biden

Special counsel Robert Hur. Photo (cc) 2021 by Maryland GovPics.

It’s just incredible that we’re dealing with James Comey redux. I’m sure you remember his efforts to tank Hillary Clinton’s presidential campaign in 2016. He cleared her of criminal wrongdoing over “her emails” and then proceeded to trash her anyway, going far beyond his mandate. Then he reopened the investigation just days before the election only to shut it down again and say, Never mind.

Well, special counsel Robert Hur just did the same thing to President Biden — announcing that Biden committed no crime in his handling of classified information but then gratuitously adding that the president is “a well-meaning, elderly man with a poor memory.” Prosecutors either charge or they don’t charge. Other than that, their job is to shut up. It was grotesquely unethical for Hur, a Trump-appointed former U.S. attorney, to excoriate Biden right after he’d exonerated him.

We’ll be dealing with the aftermath of Hur’s unethical actions for the rest of the campaign. Meanwhile, I urge you to read this Josh Marshall commentary, which provides some much-needed perspective. Marshall writes:

There’s no crying in baseball. Entirely justified outrage from Biden supporters won’t counter whatever damage these comments will have. The White House will need to get Biden in front of interviewers, where he actually does quite well, and in widely seen venues, to counter it. It’s really as simple as that.

Biden started that process Thursday evening with a contentious news conference in which he vigorously defended himself — and, uh, confused Egypt with Mexico. Look, this guy has been a fumble-mouth for his entire career, and not just because he has a stuttering problem. But in terms of media perceptions, there’s a big difference between blurting out such stuff when you’re 40 and when you’re 80.

And never mind that his opponent is nearly as old, appears to be suffering from dementia, and is an insurrectionist authoritarian besides.

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