WASHINGTON—The Heritage Foundation’s Oversight Project filed a lawsuit Wednesday to compel the Biden administration and the U.S. Department of Justice to immediately produce records that Special Counsel Robert Hur relied upon in his recent report describing President Joe Biden’s mental acuity and fitness.  

In the report, Hur shed light on the fragile mental state of the president, citing his “lapses and failures … consistent with diminished faculties and faulty memory” and describing him as a “sympathetic, well-meaning, elderly man with a poor memory.” 

Given the significant interest the American people have in the mental fitness of their president, this lawsuit seeks to compel the Department of Justice to expedite its records process and quickly produce these critical documents.  

Mike Howell, executive director of Heritage’s Oversight Project, commented on the lawsuit:  

“Special Counsel Robert Hur utterly failed in his investigation to obtain President Biden's burner phones and pseudonyms. We even warned of this in an official letter on Aug. 30 of last year.

 

“We are suing not only to find out why Special Counsel Hur gave President Biden the kid gloves treatment but also for the records he relied upon to determine that President Biden is too old and senile to face accountability for his egregious mishandling of our nation’s most important secrets.  

 

“The Oversight Project has filed seven other FOIA requests for the documents Hur relied on in his report. Absent a major miracle, we expect that DOJ will maintain its congenital inability to comply with its legal obligations under FOIA, and we will likely have to file even more lawsuits.  

 

“The American people deserve to know how the Special Counsel came to his conclusion. That’s why we are suing for them to obtain those records and restore transparency to our government.”