Justice Department rules require prosecutors to take stock of whether they can convince a jury of guilt.
President Biden’s defenders have called special counsel Robert Hur’s report a partisan hit job. Mr. Hur wrote that he wouldn’t bring charges for improper retention of classified information, in part because “Mr. Biden 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.”
But the report is no hit job. To the contrary, its contents—including the parts documenting Mr. Biden’s memory lapses—were necessary and appropriate given the Justice Department’s rules, with which special counsels and all other federal prosecutors must comply. This policy is in the Justice Manual, formerly known as the United States Attorneys’ Manual.