During the 2024 primary, former special counsel Robert Herr testified before the House Judiciary Committee regarding President Biden's retention of classified documents. Herr faced criticism from both Republicans and Democrats for his decision not to seek indictments against Biden. Republicans questioned Biden's motives, suggesting he broke rules for financial gain, citing an $8 million book deal. Democrats, on the other hand, highlighted that Biden had not been implicated in any criminal activities, unlike former President Trump who faced multiple indictments.
Chairman Jim Jordan insinuated that Biden's actions were financially motivated, pointing to his book deal as a key factor. However, Herr maintained that there was no evidence of Biden directing illegal activities such as lying to the FBI or destroying classified documents. Democrats also emphasized that Herr's report did not implicate Biden in any criminal conspiracy or obstruction of justice.
Throughout the hearing, both sides attempted to score political points, with Republicans focusing on Biden's alleged financial incentives and Democrats highlighting Trump's legal troubles. Some Democrats' attempts to portray Biden as an elderly man with memory issues backfired, as Herr clarified that his report did not exonerate Biden or suggest any cognitive impairment.
The hearing underscored the partisan nature of the proceedings, with members using their questioning to push their respective agendas. Despite the contentious exchanges, Herr reiterated that his work was not influenced by partisan politics and that his findings were based on evidence rather than political motivations.