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February 08, 2024

DOJ Defends Decision to Prosecute Trump for Missing Document, While Excusing Biden: It's Hard to Win a Conviction Against an "Elderly Man With a POOR MEMORY"

For real. I'm not just making it up. Well, I made up that he "pled senility."

But that's exactly what he did!

The DOJ finds their boss and fellow Democrat hack too "sympathetic" to bring charges against.

This is an admission of political bias.

It's also, of course, an admission that Joe Biden's cognitive decline is so severe that it's considered a valid defense to the admitted crime of "willful" retention of classified documents.

Remember news from a few days ago that Biden was worried about "embarrassing" disclosures in special counsel report?

Well, this is that embarrassment: The motherfucker pled senility to get him off of being charged with a crime.

UPDATE! Note that the Special Counsel says that Biden compromised national security -- and also says that Biden did this owing to his "poor memory."

So we have official word from the DOJ that Biden's mental decline compromised national security.

Amazingly, Biden admitted his cognitive decline as a defense to the crime he has plainly committed.

NBC "News:"

Special counsel Robert Hur has declined to prosecute President Joe Biden for his handling of classified documents, but said Biden's practices "present serious risks to national security," and added that Biden portrayed himself as an "elderly man with a poor memory" who would be sympathetic to a jury.

"Our investigation uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen," the report said, but the evidence "does not establish Mr. Biden's guilt beyond a reasonable doubt."

Right, because Joe Biden interposed his cognitive decline as a defense, hinting -- or outright stating -- that if he's brought up on charges, he'll just say he can't remember things and so he had no "intent" to keep the documents.

He merely "forgot" he had them at all.

No intent!

About a month after he left office as vice president, in a recorded conversation with his ghostwriter in February 2017, Biden remarked that he "just found all this classified stuff downstairs," the report said. Biden was believed to have been referencing classified documents about the Afghanistan troop surge in 2009, which Biden opposed.

Bidens' memory, Hur's report said, "was significantly limited" during his 2023 interviews with the special counsel.

I plead senility.

Now elect me to be the most powerful man in the world, with a quavering thumb on the nuclear button.

"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," it said. "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."

There you go -- his impaired cognitive state precludes him from having the culpable mental state of willfulness required by the crime.

Just a refresher, crimes have both an actus reus -- the culpable act -- and a mens rea -- the culpable mind. If you're out hunting and you accidentally shoot a man wearing a brown coat, mistaking him for a deer, you can't be prosecuted for murder, which requires intent as a mental state (or such extreme recklessness that shows a depraved indifference to human life).

This particular crime requires "wilfulness," which is an intermediate mental state, short of "intent," but a couple of steps above mere negligence (aka carelessness, lack of concern over something the law demands you have concern and care about). It's something like, "you may or may not have intended to do this thing, but you acted so unconcerned that your actions would result in this thing that we call you 'willful' with respect to your indifference to the outcome of your actions."

Like if you get smashed-out drunk and go for a drive. You may not have intended to kill the person you wind up running over, but you made a series of decisions which were willful in their indifference to the very real possibility you'd kill someone.

Note this doesn't mean that Biden didn't have intent -- just that the law doesn't require it. A "higher" mental state, like intent, is always sufficient to satisfy the requirement of a lower one, like willfulness.

But the law says that the state doesn't have to prove you intended to retain classified information -- just that your actions were likely to result in this outcome, and you willfully chose to take those actions anyway.

Biden played up -- or, more frighteningly, genuine demonstrated -- that he was a mentally feeble man who could no longer even collect the wits and willpower necessary to form a mental state of willfulness.

And willfulness is kind of like extreme carelessness.

He's saying that his brain is too deteriorated to even be guilty of being extremely careless -- it's just his normal walking-around state. You can't charge a senile old man for just being a senile old man, can you?

Hur's report said there were "clear" material distinctions between a potential case against Biden and the pending case against Trump, noting that unlike "the evidence involving Mr. Biden, the allegations set forth in the indictment of Mr. Trump, if proven, would present serious aggravating facts."

Sure, sure.

I guess Trump didn't present himself as a sympathetic, well-meaning elderly man with a "SIGNIFICANTLY LIMITED" memory.

Hur goes political and explains that Trump kept his documents, while Biden turned his over, after being ordered to. But then... Trump had a legal argument about why he should be able to retain them (the Presidential Records Act). Biden, who was a senator and vice president when he was stealing such classified documents, has no such statutory defense for his actions.

Hur's report does explain at length where the facts of the Biden investigation are similar to the charges brought against Trump.

"For all of the classified materials recovered during this investigation, after the vice presidency, Mr. Biden did not receive a written waiver of the need-to-know requirement, and no agency official made the findings required by the executive order," the report states.

Thanks to JackStraw.

Almost as if he arranged it just to prove he was not cognitively well enough to prosecute, Biden once again began telling people that he was just speaking with people who died ages ago.

On Sunday, Biden had told a campaign-event audience in Las Vegas that he had consulted with French president Francois Mitterand in 2021's G7 summit about America being "back" under his leadership. That may have come as a surprise to Mitterand, who left office in 1995 and died the year after.

One might pass that off as a singular gaffe; Mitterand and Macron start with the same letter, for instance. However, in a couple of New York fundraisers last night, Biden claimed twice to have consulted Helmut Kohl about the January 6 riot. That caught the attention of NBC News, which then reported the earlier confusion of the doddering incumbent:

President Joe Biden on Wednesday twice referred to the late German chancellor Helmut Kohl instead of former Chancellor Angela Merkel while detailing a 2021 conversation at campaign events....

Biden's gaffes Wednesday came at a series of fundraisers in New York as he described conversations he said he had with European leaders at a meeting of the Group of Seven industrialized nations in the U.K. in 2021, months after the Jan. 6 riot.

Jonathan Turley mentioned the case of Vincent "The Chin" Gigante, a NYC mobster who was able to beat criminal raps by acting insane in his everyday life, walking around in a bathrobe everywhere, etc. He made himself conviction-proof by pretending to be insane 24/7.

So is this a case of Joe Biden pretending to forget that Mittarand died in the mid-90s, and that Kohl died in 2017?

Is Biden Secret Genius?

It's worth considering.

I've considered it now, and the answer is No, Biden Not Secret Genius. Biden is in fact Senile Old Man who really cannot remember what year it is, and sometimes calls Jackie to the stage, asking "Where's Jackie?" when she does not come, at a eulogy for Jackie, forgetting that Jackie is dead and therefore cannot take part in the euology for Jackie.

Here's the background, thanks to m.:

'Where's Jackie?' Biden seeks lawmaker Walorski who died in August September 28, 2022

WASHINGTON, Sept 28 (Reuters) - U.S. President Joe Biden publicly sought out Jackie Walorski, an Indiana Congresswoman who died in a car accident in August, during a conference on hunger on Wednesday, seeming to forget that she had passed away.

Jonathan Turley


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." ...

Jonathan Turley

...Biden is found to have "willfully retained" documents but he is still viewed as too sympathetic a potential defendant as "a sympathetic" person. Trump is clearly neither sympathetic nor sufficiently old to warrant such consideration.


I know I've cried wolf, but... is this the admission that forces Biden out of the race?

How can Democrats continue with Biden having to plead senility to avoid criminal charges?

Update: Gentlemen, this is junta manifest, says that Gigante was setting up a dementia defense, not an insanity defense. I defer to his memory; mine's almost as vague as Joey "The Chin" Biden's.

Say -- Biden has a weird chin, doesn't he?

Update: Democrat Underground understands how damaging this is, even though they're making up conspiracy theories to explain it away.

Oh boy, this Special Counsel report is very political. Apparently, it refers several times to Biden being elderly and having a poor memory.

Yep, its the DOJ indicating they're very political and partisan without saying they're very political and partisan. The trumper judge did what he was supposed to do.

they are reporting that the DATE of the interviews was OCT 7--the day Hamas attacked Israel???? Unbelievable for that SC to play into the RW memes, knowing full well what was going on concurrently. Unbelievable and as crass as it comes.

Honestly, this is a lot worse than Comey's gratuitous comments on the Clinton email investigation. Seems to play right into the conservative talking points.

Yet many defend Garland. Tough to win when the enemy can't be identified. How did he willfully retain classified documents when he voluntarily returned them?

Posted by: Intercepted DU Transmissions brought by the Intrepid AoS Liaison

If his brain is sh!t, you must acquit!

Posted by: Jackie Chiles, Esq.

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