House lawmakers are on Tuesday set to grill Robert Hur, the justice department special counsel who recommended Joe Biden not be charged for possessing classified documents while criticizing the president’s ability to recall events.

In his report released in February, Hur, a former US attorney appointed by Donald Trump, infuriated the president’s Democratic allies by making repeated references to Biden’s age and memory. For instance, Hur wrote that one reason he did not believe the president should be indicted is because jurors would see him “as a sympathetic, well-meaning, elderly man with a poor memory”.

Republicans, meanwhile, said Hur’s conclusion was evidence of double standards at the justice department. A different special counsel, Jack Smith, has brought charges against Donald Trump for allegedly taking government secrets with him after leaving the White House and conspiring to keep them out of the hands of investigators.

Both men were appointed by Biden’s attorney general Merrick Garland, but operate independently, while justice department policy also prohibits the indictment of sitting presidents.

Expect lawmakers to demand further details from Hur when the Republican-controlled House judiciary committee convenes at 10am ET on Tuesday. Led by Trump ally Jim Jordan, the panel’s Republicans are likely to press their case that the justice department under Garland has become a tool for retaliation against Trump and other enemies of Biden.

“Special Counsel Robert Hur’s investigation into President Biden’s mishandling of classified documents made two things clear: there’s a double standard of justice in this country and Joe Biden isn’t fit for office,” Jordan said in a statement last month.

Democrats, meanwhile, are expected to question Hur about why he made public specific details of Biden’s memory, such as his struggles to remember the exact year his son Beau Biden died, or when his term as vice-president ended. At 81, Biden is the oldest president to ever serve, and Trump and the Republicans have attacked him as unfit for a second term.