The special council concludes Biden is guilty of of keeping classified documents in his garage, but will not prosecute on grounds a jury would not convict a “well-meaning,
elderly man with a poor memory.”
Realm of Truly Bizarre
Please consider the Justice Department’s Report on the Investigation Into Unauthorized Removal, Retention, and Disclosure of Classified Documents Discovered at Locations Including the Penn Biden Center and the Delaware Private Residence of President Joseph R. Biden, Jr.
Marked Classified Documents About Afghanistan
Our investigation uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen. These materials included (1) marked classified documents about military and foreign policy in Afghanistan, and (2) notebooks containing Mr. Biden’s handwritten entries about issues of national security and foreign policy implicating sensitive intelligence sources and methods. FBI agents recovered these materials from the garage, offices, and basement den in Mr. Biden’s Wilmington, Delaware home.
These documents from fall 2009 have classification markings up to the Top Secret/Sensitive Compartmented Information level. They were found in a box in Mr. Biden’s Delaware garage that contained other materials of great personal significance to him and that he appears to have personally used and accessed. The marked classified documents were found along with drafts of the handwritten 2009 Thanksgiving memo Mr. Biden sent President Obama in a last-ditch effort to persuade him not to send additional troops to Afghanistan. These materials were proof of the stand Mr. Biden took in what he regarded as among the most important decisions of his vice presidency.
Nevertheless, we do not believe this evidence is sufficient, as jurors would likely find reasonable doubt for one or more of several reasons.
Several defenses are likely to create reasonable doubt as to such charges. For example, Mr. Biden could have found the classified Afghanistan documents at his Virginia home in 2017 and then forgotten about them soon after.
In addition. Mr. Biden’s memory was significantly limited, both during his recorded interviews with the ghostwriter in 2017, and in his interview with our office in 2023. And his cooperation with our investigation, including by reporting to the government that the Afghanistan documents were in his Delaware garage, will likely convince some jurors that he made an innocent mistake, rather than acting willfully-that is, with intent to break the law-as the statute requires.
Given Mr. Biden’s limited precision and recall during his interviews with his ghostwriter and with our office, jurors may hesitate to place too much evidentiary weight on a single eight-word utterance to his ghostwriter.
We have also considered that, at trial, Mr. Biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory. Based on our direct interactions with and observations of him, he is someone for whom many jurors will want to identify reasonable doubt. It would be difficult to convince a jury that they should convict him-by then a former president well into his eighties-of a serious felony that requires a mental state of willfulness.
Special Council did not use the word senile, but the definition fits: “having or showing the weaknesses or diseases of old age, especially a loss of mental faculties.”
If you like, substitute dementia for senile.
— Mostly Peaceful Memes (@MostlyPeacefull) February 8, 2024
The story gets even more bizarre when Biden’s handlers put him on stage to address his memory.
Biden is President of Red and Green States
Joe Biden's DOJ said today that he was not mentally fit for trial.
In the few hours since, Biden:
– Said he is a president for "red states and green states"
– Forgot the name of the place where Beau got his rosary
– Said that the Egypt President is from Mexico pic.twitter.com/eqXn7AgyJH
— Greg Price (@greg_price11) February 9, 2024
Biden Refers to Egyptian President as the “President of Mexico”
In remarks assuring the nation that his mental fitness and memory are good, Joe Biden refers to Egyptian President Abdel Fattah El-Sisi as the “president of Mexico”
— Benny Johnson (@bennyjohnson) February 9, 2024
Setting Up Biden to Back Out?
The mere fact that Biden’s handlers allowed him to do a press conference at 7:45 PM today after months of keeping him from the Press is proof that they are setting him up to fail. The rug pull is happening before your eyes. The decision has been made…he is done. Only Question… https://t.co/imKcBke0L5
— Edward Dowd (@DowdEdward) February 9, 2024
Play the above clip. It’s quite interesting. A very annoyed Biden says “press” when he means public.
Too Demented to Be Guilty
Biden is Too Demented to Be Found Guilty of Crimes, But Not Too Demented to Be President?
Special Counsel Robert Hur just found Joe Biden was guilty of violating national security laws in removing classified documents— after examining then Senator and Vice President Biden’s…
— Victor Davis Hanson (@VDHanson) February 8, 2024
How Can Anyone Be That Irresponsible?
FLASHBACK: Biden last September being asked about the Trump classified docs case:
"How that could possibly happen, how anyone could be that irresponsible?”
— Greg Price (@greg_price11) February 8, 2024
Damage Control or More Damage?
The New York Times reports Special Counsel’s Report Puts Biden’s Age and Memory in the Spotlight
After an inquiry concluded that President Biden was “well-meaning” but had “a poor memory,” he angrily fired back in an attempt at political damage control.
The decision on Thursday not to file criminal charges against President Biden for mishandling classified documents should have been an unequivocal legal exoneration.
Instead, it was a political disaster. Speaking to the cameras from the Diplomatic Reception Room at the White House, Mr. Biden on Thursday evening blasted the report by Robert K. Hur, the special counsel, accusing the report’s authors of “extraneous commentary” about his age and mental capacity.
The report’s discussion of the president’s memory and age was repeated throughout the 345-page document, and was quickly seized on by Republicans, including Mr. Biden’s likely opponent in the 2024 election, former President Donald J. Trump.
In the report, Mr. Hur said the memory of the then-80-year-old president was so hazy during five hours of interviews over two days that it would be difficult to convince jurors that Mr. Biden knew his handling of the documents was wrong. Mr. Hur predicted in the report that if the president were charged, his lawyers “would emphasize these limitations in his recall.”
During fund-raisers on Wednesday, Mr. Biden twice recalled a 2021 conversation with Helmut Kohl, the onetime German chancellor, who died in 2017. In his remarks on Thursday evening, Mr. Biden confused the presidents of Mexico and Egypt, making exactly the kind of mistake that his staff would have wanted him to avoid at a time when his mental acuity is being questioned.
On Thursday, he angrily disputed the suggestion that he was not fit to serve. Asked about polls showing that the American people have concerns about his age, he pointed at the reporter and said: “That is your judgment. That is your judgment.”
He then added: “That is not the judgment of the press,” though he appeared to mean it was not the judgment of the public. Asked why he should not step aside and let someone else in his party be the Democratic nominee, he said, “Because I’m the most qualified person in this country to be president of the United States and finish the job I started.”
In the report, Mr. Hur wrote that in a 2017 recorded conversation between Mr. Biden and the ghostwriter for his book, Mr. Biden struggled to “remember events” and was “straining at times to read and relay his own notebook entries.” Mr. Hur said that the interviews in 2023 with investigators were even worse.
“He did not remember when he was vice president, forgetting on the first day of the interview when his term ended (‘if it was 2013 — when did I stop being vice president?’), and forgetting on the second day of the interview when his term began (‘in 2009, am I still vice president?’),” the report said. “He did not remember, even within several years, when his son Beau died.”
Investigators found documents at Mr. Biden’s home in a “box in the garage, near a collapsed dog crate, a dog bed, a Zappos box, an empty bucket, a broken lamp wrapped with duct tape, potting soil and synthetic firewood.”
But the most searing political damage is likely to be about Mr. Biden’s age, which many veteran Democrats already believe is the president’s biggest weakness. Some have privately said they worried that something would come along to remind voters about the age issue, including the possibility of a fall or a mental stumble.
In some ways, Thursday’s report was the worst of all worlds: an official description of Mr. Biden behind the scenes, suggesting that with age come stumbles.
That’s a very damning deport and it comes from the very left New York Times.
Edward Dowd’s gets the key comment of the day:
“The mere fact that Biden’s handlers allowed him to do a press conference at 7:45 PM today after months of keeping him from the Press is proof that they are setting him up to fail. The rug pull is happening before your eyes. The decision has been made…he is done. Only Question now is who is up to bat for replacement.”
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