Washington Post associate editor Jonathan Capehart and New York Times columnist David Brooks joined PBS NewsHour host Amna Nawaz on Friday to recap the week’s biggest stories, including Special Counsel Robert Hur’s report that claimed he could not win a conviction in President Joe Biden’s classified documents case because a jury would view him as a sympathetic old man with memory problems. For both men, but especially Capehart, the report was both “terrific,” but also “gratuitous.”
On the decision not to charge Biden, Capehart claimed it was “great, the decision, you know, not charging the president, terrific.”
Capehart proceeded to argue that Biden’s case was fundamentally different than Donald Trump’s, “He lied about handing them all over. And that's why he was indicted. And so anyone who's trying to conflate the two situations is being disingenuous. So that's what I have to say about that.”
Nawaz agreed, as she turned to Brooks, “the special counsel went to great lengths to say there were several material distinctions between the two cases. Is that resonating with the public?”
Brooks agreed and although he condemned Biden for throwing his staff under the bus when he blamed them, he declared, “if Donald Trump, when they came to him about his documents, had said, yeah, I cooperate, he probably wouldn't be in the mess he's in.”
Turning the part of the report that dealt with Biden’s age, Nawaz turned back to Capehart and after quoting Hur, asked “Jonathan, what did you make of that inclusion in the report?”
After asking if Nawaz was trying to “trigger me,” Capehart first condemned Hur, “I thought those reports were supposed to be just the facts. That was gratuitous.”
Then he appeared to condemn the segment itself, “We have spent way too much time talking about this president's age. And I will say it again. When Ronald Reagan was the oldest person to ever be in the White House and to run for reelection, I don't recall a lot of people within his own party talking about the fact that we need to get another person, he's too old.”
Ronald Reagan was 77 when he left the White House. Joe Biden is 81 and running for re-election. Capehart also tried to defend Biden’s Egypt-Mexico gaffe by claiming, “I did the same thing on — around this table when talking about the governor of Virginia. Remember when I said Governor Northam, and the two of you — your heads popped off.”
Even Nawaz wasn’t buying that one, “Well, the former governor... And, also, to be fair, you are not president of the United States.”
However, she would later ask Brooks the same question, “David, the White House used the word gratuitous. Was it?”
Brooks mostly agreed, “Two-thirds. You know, I think the special counsel used — talked about the age because his job is to think through how a jury would think… prosecutors are also not allowed to insult people who they don't charge, because they — the people they're insulting don't get their day in court to fight back. And so there — this is prosecutorial standards, and I think he sort of very much flirted or went over the line on that.”
Brooks and Capehart can lament the age portions of the Hur Report all they want, but not being able to remember the years you were vice president or confusing Egypt for Mexico at a press conference meant to reassure the nation that there’s no problem with your mental faculties is not something that is going to be easily dismissed as no big deal.
Here is a transcript for the February 9 show:
PBS NewsHour
2/9/2024
7:37 PM ET
AMNA NAWAZ: This was at President Biden's Delaware home, a tattered box in a garage, among others. But he did conclude the evidence was not sufficient for criminal charges. Jonathan, what was your reaction to that decision and how it's being received?
JONATHAN CAPEHART: Well, I mean, great, the decision, you know, not charging the president, terrific. The other thing about the report that was good is that it compared--
NAWAZ: Yeah.
CAPEHART: -- and contrasted President Biden versus what former President Trump did and that is the thing that I think everyone needs to remember.
When classified documents were found at the home and all the other places of President Biden, President Biden and his administration cooperated, gave them back, had authorities do searches. When documents were found or believed to have been at the former president's residences, he stonewalled.
He lied about handing them all over. And that's why he was indicted. And so anyone who's trying to conflate the two situations is being disingenuous. So that's what I have to say about that.
NAWAZ: Well, David, we know he did — the special counsel went to great lengths to say there were several material distinctions between the two cases. Is that resonating with the public?
DAVID BROOKS: Yeah, I think so. I think people know the Mar-a-Lago case is more serious. But Biden was sloppy. He did share classified material with a ghostwriter, apparently. I think, frankly, it was unattractive of him last night to blame it all on staff. Maybe staff was partially to blame. But I don't think that's what leaders do, that they blame the team.
But, nonetheless, as Jonathan said, he cooperated. It was sloppy. He said, let's rectify this. And if Donald Trump, when they came to him about his documents, had said, yeah, I cooperate, he probably wouldn't be in the mess he's in.
NAWAZ: Well, we also know the special counsel chose to comment on Biden's memory function in that report, saying he had — quote — "significant memory problems." He wrote this: “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.”
Jonathan, what did you make of that inclusion in the report? Does that—
CAPEHART: You trying to trigger me, Amna?
NAWAZ: Your face perhaps says it all.
CAPEHART: So…
NAWAZ: But, please.
CAPEHART: And that wasn't the only place—
NAWAZ: Correct.
CAPEHART: -- where he talked about the president's age. I thought those reports were supposed to be just the facts. That was gratuitous. A lot of the other ones were gratuitous. We have spent way too much time talking about this president's age. And I will say it again. When Ronald Reagan was the oldest person to ever be in the White House and to run for reelection, I don't recall a lot of people within his own party talking about the fact that we need to get another person, he's too old.
And what Counsel Hur did was feed lines to Republicans who want to make the president's memory and capabilities and whether he's senile a talking point. It gives them some fodder. But what he's also — what Counsel Hur has also done is given bed-wetting Democrats another reason to complain about the president's age.
Meanwhile, they're not focused on the fact that the 82-year-old president of the United States has an incredible record in the three years he's been president. I wish people would focus on that. And the fact that he mixed up the president of Egypt with the president of Mexico, I did the same thing on — around this table when talking about the governor of Virginia.
Remember when I said Governor Northam, and the two of you — your heads popped off. You're like, who's he talking about?
NAWAZ: Well, the former governor.
CAPEHART: A former governor, but still.
NAWAZ: And, also, to be fair, you are not president of the United States.
…
NAWAZ : David, the White House used the word gratuitous. Was it?
BROOKS: Two-thirds. You know, I think the special counsel used — talked about the age because his job is to think through how a jury would think. And the argument was, a jury would not convict the guy because they think he'd be a well-intentioned guy with memory problems.
Nonetheless, prosecutors are also not allowed to insult people who they don't charge, because they — the people they're insulting don't get their day in court to fight back. And so there — this is prosecutorial standards, and I think he sort of very much flirted or went over the line on that.
