'He's gotten a free pass': Sol Wisenberg accuses Joe Biden of lying about mishandling classified documents on 'Fox & Friends'

NEW YORK CITY, NEW YORK: Former Whitewater Deputy Independent Counsel Sol Wisenberg appeared alongside co-host Lawrence Jones to share his take on the special counsel report on Joe Biden on the February 9 episode of 'Fox & Friends.'

Special Counsel Robert Hur had released a report on the previous day that shed light on the incumbent President's mishandling of classified documents when he was a private citizen.

Though he stated that Biden would not be charged, Hur did cite concerns over the president's mental fitness. The same evening, Biden held a press conference where he took on reporters to defend himself.

Sol Wisenberg accuses Joe Biden of lying

When Jones asked Wisenberg about Biden's legal strategy, he replied that the President did not need one.

"He doesn't need to have a legal strategy when the special prosecutor says we're not going to indict him because his mental capacity is so limited, a jury would be sympathetic to him," he said.

"What I thought was significant about last night, from a legal perspective, is that, unfortunately, the president came out and lied about what Special Counsel Hur found," continued Wisenberg.

"The special counsel said there is evidence that Biden willfully retained and disclosed classified information when he was a private citizen. Willful is important in this context. Willfully means not only were you deliberately doing it, but you knew it was in violation of the law."

"Now, the special counsel also said, we don't think a jury would necessarily convict him. And one of the big reasons is they would have great sympathy for him because of his mental decline. Those weren't his exact words, but that's in effect what he said," he added.

"So, that's how I view that the president very clearly lied about that and other things last night. But he doesn't need to have a legal strategy, he's gotten a free pass."

What did Robert Hur's report contain?

In a 300-page report, Hur stated that his investigation "uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen."

However, the discovery was not sufficient enough to bring criminal charges against him.

He described the incumbent President as a "sympathetic, well-meaning, elderly man with a poor memory," adding that "it would be difficult to convince a jury that they should convict him" of a serious felony "that requires a mental state of willfulness," as Biden would be "well into his eighties."