February 9 – While looking into how President Joe Biden handled classified materials, the Department of Justice’s Special Prosecutor, Robert Hur, actually found real concerns about his memory.
Hur opted not to indict the president on his handling of classified documents and instead reported the ways Biden was struggling during the interview to remember when events had occurred and even the exact year of his son, Beau’s death.
Hur was appointed about a year ago by Merrick Garland, US Attorney General, to look into how Biden handled classified documents.
In response to the report, Biden held a press conference last night – a rare occurrence for this administration – to address his mental faculties.
Attorney Clint Barkdoll said, “It was an awful decision. Strangely, he had already made comments about this special prosecutor report earlier in the day from that retreat in Virginia, that the House Democrats attended and he got media coverage there for that. Why he felt he needed to do a prime time presentation like that, I just can’t imagine that his handlers were endorsing that and did he just override everybody and insist that he do it? I think it actually caused real damage to his own argument in many of these regards. Full display on some of the clear, cognitive and impairment issues that he apparently is experiencing.”
Peter Doocy of Fox News, asked the president last night, “Something the special counsel said in his report is that one of the reasons you are not being charged is because in his description you are a well-meaning, elderly man with a poor memory.”
Biden responded, “I’m well-meaning and I’m an elderly man and I know what the hell I’m doing. I’m the president and I put this country back on its feet. I don’t need his recommendation.”
Doocy asked, “How bad is your memory and can you continue as president?”
Biden said, “My memory is so bad I let you speak.”
Pat Ryan of NewsTalk 103.7FM said, “I have no idea what that means. So you’re okay enough to run the country, but you’re not okay enough to face the charges that you should be facing here. It just looked terrible.”
Barkdoll said, “What’s interesting about the report when it was released yesterday, this Mr. Hur said that Biden did willfully retain classified information and that doing so posed serious risks to national security.”
The report was nearly 350 pages.
Barkdoll said, “Those were some of his top level findings, but at the same time, the prosecutor said he did not feel there was sufficient basis to file criminal charges. Of course, buried in this 350-page report are all of these very alarming nuggets, such as during their interviews with Joe Biden, he could not remember when he was the vice president. He didn’t remember when his term ended, when it started. There’s a suggestion he couldn’t remember when his son died. There’s passages in this special prosecutor report that said at times during the interview that Biden was just painfully slow and deliberate. The suggestion was just that he couldn’t grasp what was happening. The conclusion of the report was that if this went to trial, Joe Biden would likely present himself to a jury, like he did in these interviews as a sympathetic well-meaning elderly man with a poor memory. That’s verbatim out of this report. So I don’t know where this goes politically. How does the Democratic Party keep moving forward with this guy as their nominee? But the sad irony is from a political science standpoint, if you’re in Trump’s camp and a hardcore Republican, you need Biden to stay in this race, because if the Democrats replace him, odds are that almost anyone they replace him with as the nominee may run away with this presidential election. That’s the dilemma that I think both sides are having to dance around here this morning.”
Michele Jansen of NewsTalk 103.7FM asked, “Well, then why not just replace him? I mean, that seems like an easy no brainer for the Democrats, then. Just replace him with a different candidate. Well, again, you say then what would happen if Trump would drop out, although I don’t think he’d ever drop out. He’d have to be forced out. There’s a million things I’d love to say about what happened yesterday. First of all, it’s hard not to believe there are some elites in the Democratic Party that are seeing the writing on the wall and don’t mind that some of this is coming out. I mean, that’s sort of a cynical, really way of looking at it, but putting that aside, this is amazing to me. If you turn on MSNBC and they’re probably the worst in terms of just being Biden cheerleaders continually. Other news stations were not this far gone, but they just said, oh, it’s just when somebody’s being interviewed by a lawyer under oath they often say I don’t recall. I don’t recall. I don’t recall. That’s not what this was. That’s not what they were talking about, as you just highlighted in some of the things you brought out. Then they say, they never should have allowed this, this all Merrick Garland’s fault. People have to remember that back in 2017, I don’t think Trump knew anything about his proclivities, politically one way or the other at that point, but Merrick Garland is the one who appointed this man to do this investigation into the president and they’re saying this is all Merrick Garland fault, that Merrick Garland shouldn’t have allowed them to release this extensive of a report with all this information in it, that all they should have done was say whether this was a crime or not, and they shouldn’t have made any of those other comments even though it was those other factors that was part of the reason they decided not to prosecute him or move forward with charges. This is just insane to me.”
“Maybe,” Barkdoll agreed. “But again, the Senate would never remove him from office. I saw an article overnight, where one of these Democratic operatives, on deep background off the record, so this is probably a very high level person, they were talking about this dilemma with Biden as the nominee. They said it feels like the dilemma when you have to take the car keys from your elderly parents, like no one wants to step up to tell him it’s time to go. I wonder, part of this report, these tidbits about his cognitive problems, the president’s, I mean, might this be the leverage that some of these party leaders now use to push him out? On the flip side, I mean, Biden and Trump are almost codependent on each other. Biden may be the only candidate that Trump could beat. Trump is probably the only candidate that Biden could beat and if we believe the polling, if either party replaced the nominee with someone else, that person runs away with the race. It makes you wonder what would the Republicans do? I don’t see Trump getting out of the race either. But what if these Democrats get together, Biden announces he’s leaving and these delegates just pick whomever they think is going to be the most electable candidate. It creates some very tricky political issues on both sides.”
Ryan pointed out, “So, special counsel has no charges. So he kept classified documents after his vice presidency and even shared them with his ghost writer. But again, no charges. It’s the two tiers of justice here. Don’t tell me, don’t lie to the American people when you have it right in front of you. You’re okay with the nuclear codes, but you can’t face the music here?”
Barkdoll said, “This report is going to work very favorably to Donald Trump’s defense. I predict within the next week or so, you’re going to see Trump’s defense attorneys in that Mar a Lago classified documents case, file a motion to dismiss the case. There is a doctrine in federal criminal law known as selective prosecution. The idea being if you as prosecutors looked at identical facts and an identical case and did not prosecute, you then can’t prosecute someone else for doing the same thing. I think this report might really bolster the arguments that Trump’s defense may now raise in his own case that have very similar facts. Now, this Robert Hur does get into that a little bit in his report. He makes a distinction that Biden did these things, not deliberately in the sense that he cooperated with investigators and he did not do anything to obstruct the investigation. The suggestion being that maybe Trump did, that’s one distinction that Mr. Hur makes, but I still think you’re going to see a motion filed and I don’t know what a federal court might do with that.”
Jansen said, “A crime is a crime is a crime. I heard this analogy made and it’s a good one. If I murdered somebody and somebody else murdered somebody, but I cooperated with them, would that stop me from getting a charge of murder?”
Ryan asked, “What about the show they put on? I throw all these documents around in Trump land here. They put together a whole big production, the whole media comes out, the whole thing is a show. Where are the intellectually honest Democrats going, oh, you know what? Maybe Trump did have it right.”
Jansen added, “And the president can have documents that a vice president or Senator could not.”
Barkdoll noted, “Here’s the other troubling thing for Biden, in this report, the investigators interviewed this ghostwriter that Biden used to write his biography and in some of these tapes, there’s one tape where Biden says, oh, yeah, I have those classified documents downstairs. I’ll have to go pull those. So he clearly knew that he possessed these documents and I don’t know how he gets around that, but it seems to boil down to that conclusion that the prosecutor felt if it went to trial, a jury would see Biden as the sympathetic elderly person with a poor memory. One other point on this, and I thought some of the commentators were validly raising this last night after that press conference or whatever you want to call it. Do you start to see some movements afoot within the cabinet? I mean, the fact that a special prosecutor concluded that Biden has memory issues, there’s cognitive problems, etc. Well, is there an argument how he can be conducting his day to day affairs in the White House? Do cabinet officials call a meeting to invoke the constitutional amendment to possibly remove him? I mean, that may sound outlandish. We know at the end of Trump’s term that there was a report that Trump’s cabinet was kicking that around but you wonder in light of this report, might such conversations be happening within the White House?”
Jansen asked, “Where’s the New York Times and CNN and where’s the Washington Post when they were all mentioning that 25th amendment when it came to Trump? Where are these supposedly objective journalists now making the same kind of case? This is a perfect example of how we don’t have journalism anymore.”
“Exactly,” Ryan agreed. “If ever you wanted to see it right before your very eyes, here you go.”
PA Representative Paul Schemel said, “When I talked to my Democratic friends this past week in Harrisburg, they don’t know what to do about Biden. They need to move him off the stage and get someone in but if they can, it’s every advantage they could possibly imagine. They won’t have to have paid for a primary. They’ll get to handpick the person they want to be president or to run for president. Selective prosecution is an issue with federal prosecutors, and actually I think Hur in this case was trying to differentiate that case with Biden from the case with Trump and actually leave the special prosecutor in the Trump case leeway to prosecute or not prosecute based on a different fact pattern because in the report, that’s why Hur specifically says why he’s not prosecuting. Look at the fact pattern. I mean, Biden often will obfuscate. When he doesn’t want to talk about something, he’ll talk about his dead son Beau. He actually did it last night during the press conference. When he ran for president whenever people would ask him about Hunter, what about Hunter and his connection to Chinese and the Ukraine? Oh, you’re talking about my son, my dead son. Beau? No, that is not the question. Biden knew it was not the question. He’s not that much of a dolt. He knows how to obfuscate and move. So what happened during the question and answer with the prosecutor? He says, well, I’m confused about when I was Vice President. I’m confused about when my son died. Is he really or is he just obfuscating because he has a pattern of doing this? He might not be as much of a dolt as he looks. But either way the Democrats simply cannot have him as their presidential candidate. If they put up anyone else they will beat Trump. They simply will. I think everybody knows that. So Biden is the only one really that would probably lose to Trump. They know that. They have to move him off the stage.”