Did Biden Commit a Felony in Hur Deposition?

For nearly two decades, President Joe Biden has told a story about why he devoted his life to politics. He repeated the tale, at the risk of facing criminal charges for lying to a federal agent, while speaking to Special Counsel Robert Hur in October 2023. ...

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It is extremely unlikely that Biden had any involvement in the case. He was 21 years old when Januszewski filed suit in May 1964. At the time, Biden was completing his junior year at the University of Delaware in Newark. He was finishing his law degree at Syracuse University when a federal jury ruled in Januszewski’s favor four years later, and didn’t start working for Prickett, Ward, Burt & Sanders until at least June 1968, according to his memoir. By then, records show, the case had concluded. No appeal was filed.

Ed Morrissey

Read the article to find out the clear contradiction, but it's oversold as a potential felony charge. Simonson suggests that the special counsel could seek an indictment under 18 USC 1001, an oft-used statute to punish those who lie to federal investigators whether under oath or not. (Biden wasn't under oath in the "interview," but that's immaterial under this statute.) 

The problem with this scenario is that the lie has to be material to the investigation. The word "material" and its variants appear in all three constructs in section (a) that defines the crime. Biden's back story about his political life isn't material to the crime that Hur is investigating. Like, at all. This story was such a non-sequitur to the issue of classified-material retention that Duane Patterson wrote a column shredding Biden over it. 

So don't expect a 1001 indictment any time soon. Even if Hur was disposed to it, though, this fabulist episode does more to underscore Hur's conclusion that prosecuting Biden would be pointless, given his non compos mentis status. 

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