Hur is expected to defend the language he used about Biden’s memory, arguing, as Justice Department officials have to NBC News, that it was an important factor in why Biden should not be charged, despite a 2017 tape recording of him saying he had found classified material in his Virginia home.

When Biden’s lawyers objected to the language before the report was released, the Justice Department referred them to Bradley Weinsheimer, the senior career official at the department.

Weinsheimer did not share the view of many legal experts who have opined that what Hur did was wrong. Rather, he wrote in a letter obtained by NBC News, that “the context in which this information is used in the report makes it appropriate under Department policy and the Special Counsel regulations. The identified language is neither gratuitous nor unduly prejudicial because it is not offered to criticize or demean the President; rather, it is offered to explain Special Counsel Hur’s conclusions about the President’s state of mind in possessing and retaining classified information.”

Democrats say Garland should have edited some of the memory language out of the report, but Justice Department officials say that would have drawn allegations of political favoritism, especially given Weinsheimer’s view that there was nothing improper about it.