dailysignal | President Joe Biden gave a tumultuous news conference hours after special counsel Robert Hur released a report Thursday recommending against charging him for retaining classified documents from his years as vice president and senator, in part because the jury would find Biden sympathetic as an “elderly man with a poor memory” and because his “diminished faculties” make it less likely he intentionally violated the law.
During the news conference, Biden claimed that Hur’s comments about his mental state were “extraneous commentary,” and he attempted to allay concerns. Yet the president blamed his staff for the mishandling of classified documents, insisted that his memory was fine but mixed up the countries of Egypt and Mexico and appeared to forget where his son Beau got a set of rosary beads the bereaved father says he highly values.
House Speaker Mike Johnson responded on X, saying the conference proved Biden is not fit to be president.
“The president’s press conference this evening further confirmed on live television what the special counsel report outlined. He is not fit to be president,” Johnson wrote.
In January 2023, Attorney General Merrick Garland tapped Hur, the U.S. attorney in Maryland appointed by then-President Donald Trump, to investigate Biden’s improper retention of classified documents after he left the Senate in 2009 and the vice presidency in 2017.
The records Biden kept included classified documents regarding military and foreign policy in Afghanistan, along with national security records that implicated “sensitive intelligence sources and methods,” Hur’s report finds.
The special counsel’s report finds a “shortage of evidence” proving that Biden intentionally violated the law and concludes “there are other innocent explanations for the documents that we cannot refute.” Yet the report also finds that Biden “willfully retained and disclosed classified materials.”
An attorney for Biden claimed the classified documents were “unexpectedly discovered” Nov. 2, 2022, at the Penn Biden Center for Diplomacy and Global Engagement in Washington, D.C., and that he immediately notified the National Archives and Records Administration. Biden lawyers later discovered a “small number” of additional classified documents in a storage space in the garage of Biden’s private home in Wilmington, Delaware.
These admissions from Biden’s attorneys came after the FBI opened an investigation into Trump’s alleged mishandling of classified documents in March 2022. Eight months later, Garland appointed former DOJ official Jack Smith to investigate Trump’s retention of classified documents. A grand jury ultimately indicted Trump for his alleged offenses in June 2023.
Hur’s report notes Biden’s willing cooperation with his investigation, saying that cooperation “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.”
Hur’s report also takes Biden’s mental state into account on numerous occasions, finding that his “poor memory” and “diminished faculties” make his defenses plausible and would likely endear him to a jury.
“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,” the report notes. “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.”
0 comments:
Post a Comment