Tale of two presidents: No charges for Biden in documents case; ‘Elderly man with a poor memory’

by WorldTribune Staff, February 8, 2024

Special counsel Robert Hur said Joe Biden “willfully retained and disclosed classified materials after his vice presidency when he was a private citizen,” but that he would not be charged over his handling of the material.

Joe 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.’

“He knew he kept classified information in notebooks stored in his house and he knew he was not allowed to do so,” Hur wrote in his final report.

The evidence “does not establish Mr. Biden’s guilt beyond a reasonable doubt,” the special counsel wrote.

Hur in his nearly 400-page report wrote, “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.”

Former President Donald Trump promptly responded to the report as confirmation of a “two-tiered system of justice,” and called on the documents case against him to be immediately dismissed.

“Biden took the Documents in his ‘mental primetime,’ ” Trump said in a social media statement. “He shouldn’t be allowed to get away with this, and he wasn’t protected by the Presidential Records Act. I was cooperative with the Investigators. Crooked Joe Biden didn’t — Just the opposite, following the usual, corrupt Democrat Playbook. He ‘willfully retained’ documents.”

Also noting the disparity in the treatment of Biden and former President Trump was Jonathan Turley, legal analyst and professor at George Washington University Law School:

The DOJ is defending the lack of criminal charges against Joe Biden while noting the difficulty of going to trial against a “‘well-meaning, elderly man with a poor memory.” …. Biden is found to have “willfully retained” documents but he is still viewed as too “sympathetic” person for a potential jury. Conversely, Trump was clearly viewed as neither sympathetic nor sufficiently old to warrant such consideration.

Hur detailed lapses in Biden’s memory when he was interviewed for the investigation:

“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?’).”

Human Events editor Jack Posobiec posted the following response on Telegram:

So the Special Counsel report won’t trigger charges on Biden, but it might trigger the 25th Amendment! We’re on the brink of WW3 and our president is a vegetable.

Hur said that Biden “did not remember, even within several years, when his son Beau died. And his memory appeared hazy when describing the Afghanistan debate that was once so important to him. Among other things, he mistakenly said he ‘had a real difference’ of opinion with General Karl Eikenberry, when, in fact, Eikenberry was an ally whom Mr. Biden cited approvingly in his Thanksgiving memo to President Obama.”

“In a case where the government must prove that Mr. Biden knew he had possession of the classified Afghanistan documents after the vice presidency and chose to keep those documents, knowing he was violating the law, we expect that at trial, his attorneys would emphasize these limitations in his recall,” the special counsel added.

The FBI found the classified material in the garage, offices, and basement den in Biden’s Wilmington, Delaware home. It included documents about military and foreign policy in Afghanistan, and notebooks containing Biden’s entries about national security, the report said.

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