Special counsel Robert Hur will stand by his explosive report concerning Joe Biden's management of classified files when questioned by Congress.

He will affirm to lawmakers that his evaluation of the president's memory, described as poor and causing controversy last month, was both "accurate and impartial."

The report uncovered that Mr. Biden "willfully" retained extensive files, yet Mr. Hur opted against pursuing criminal charges. As the president seeks a second term, his age has emerged as a significant concern.

In his report, Mr. Hur clarified the decision not to prosecute Mr. Biden, citing a potential jury's perception of him as a "well-meaning, elderly individual" with a "subpar memory." These remarks elicited strong reactions from the White House and exacerbated existing doubts among voters regarding Mr. Biden's age.

For months, the party has been fueling assertions that the 81-year-old president is mentally unfit for a second term, a sentiment echoed in polling data indicating widespread concerns about his mental sharpness.

In prepared opening statements ahead of his Capitol Hill testimony on Tuesday, Mr. Hur defended his choice to address issues regarding the president's memory, asserting its relevance to the decision-making process regarding charges.

"My assessment in the report about the relevance of the president's memory was necessary and accurate and fair," Mr Hur plans to say. "Most importantly, what I wrote is what I believe the evidence shows, and what I expect jurors would perceive and believe."

He plans to add that he did not "disparage the president", but was required to explain his logic to the US attorney general. "These are the types of issues prosecutors analyze every day," he will say.

Mr Hur alleged in his February report that the president struggled to recall major events from his time serving as vice-president, and could not remember when exactly his term in office had begun.

The president was quick to refute the report's claims that he was suffering from memory issues, telling reporters: "I'm well-meaning, and I'm an elderly man, and I know what the h3ll I'm doing."

But Republicans have continued to attack Mr Biden and have criticised Mr Hur's refusal to charge him, comparing it with similar charges filed against former President Donald Trump.

In June, Mr Trump was charged with charged seven counts over his handling of classified documents after he left the White House, with a trial potentially scheduled for this summer.

Mr Hur argued there were "several distinctions" between the former president and Mr Biden's handling of classified documents, arguing the allegations against Mr Trump "present serious aggravating facts".

Mr Trump was given multiple chances to return classified documents but did the opposite, he wrote.

"According to the indictment, he not only refused to return the documents for many months, but he also obstructed justice by enlisting others to destroy evidence and then to lie about it."

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