(NewsNation) — The Justice Department special counsel who declined to charge President Joe Biden for mishandling classified information but specifically called out his age and “poor memory” will testify to his controversial report Tuesday. 

Robert Hur, the special counsel appointed early last year to look into the Biden documents case, will likely be the target of intense questioning by Republicans and Democrats alike as both sides will demand answers and further information about his unflattering report. 

Hur, a former U.S. attorney appointed during the Trump administration, will go before the House Judiciary Committee, chaired by Rep. Jim Jordan, R-Ohio.

The issue of Biden’s age has become a flashpoint in his reelection bid, with many of his opponents saying he is mentally unfit to serve another four years. Those who support the president have called Hur’s comments about Biden’s mental state inappropriate. 

The hearing comes as Biden shifts gears by countering criticism of his age head-on. 

His campaign released a new 60-second ad on Saturday with the president making lighthearted references to his age.

“Look, I’m not a young guy. That’s no secret,” Biden says in the new ad. “But here’s the deal. I understand how to get things done for the American people.”

What did Hur’s report say?

Hur was appointed by Attorney General Merrick Garland as special counsel in January 2023 following an initial discovery of classified records in Washington office space by Biden staffers.

After a yearlong investigation, Hur published a report last month that his team uncovered evidence that Biden had “willfully retained” classified information after leaving office as vice president and becoming a private citizen but that the evidence did not establish guilt beyond a reasonable doubt.

While he declined to charge Biden, he did make some damning assessments of Biden’s mental acuity in his report.

Hur described Biden’s memory as being “significantly limited,” pointing to several examples including interviews where he didn’t remember “even within several years when his son Beau died.”

Hur also wrote that a jury might see Biden as “a sympathetic, well-meaning, elderly man with a poor memory,” not a criminal trying to break the law.

The fallout from the documents report

Hur’s 345-page report sparked a firestorm as Republicans seized onto his comments on Biden’s age and mental fitness and with Democrats slamming back his assessment as “gratuitous.” 

Biden himself fired back at the report, declaring that his “memory is fine” at a press conference days after it was released.

“I know what the hell I’m doing. I’ve been president and I put this country back on its feet. I don’t need his recommendation,” the president said. 

But that didn’t assuage Republicans who doubled down on their attacks. 

“Having a poor memory does not absolve you from violating the Espionage Act. and being old and elderly does not absolve you from violating the Espionage Act,” Rep. Byron Donalds, R-Fla., said on Fox News. 

Biden’s supporters felt Hur’s assessment was highly editorialized and that his language appeared to make conclusions only a medical professional could assess.

“Special Counsel Hur report on Biden classified documents issues contains way too many gratuitous remarks and is flatly inconsistent with long standing [Justice Department] traditions,” former Attorney General Eric Holder, an appointee of former President Obama, posted on X.

What could Hur testify about? 

Hur will speak on his report for the first time, likely answering questions on his investigation process, interview and what led to his assessments of Biden’s mental acuity. 

The special counsel is expected to tell the House committee that assessments made in his report were necessary to explain his team’s decision and why charges weren’t justified, The Wall Street Journal reported. 

He will likely also try to make clear that it was Biden and not Hur or his team who brought up the subject of Beau Biden’s death during the interview, the outlet reported.

Hur has retained private counsel William Burck in preparation for his appearance.