Just the law. Just the facts. Joe Biden is either guilty of felonies punishable by ten years in prison, and should be promptly indicted, or is unable to be prosecuted for lack of specific intent, since he cannot recall how classified documents got to his home or when he served, so must be removed from office.
This is not complicated. The Democrat Party needs to fish or cut bait, fairly enforce the rule of law against someone competent to stand trial or remove that person as incompetent to be president. They have so far done neither, pretending one can be forgiven for having dementia, yet serve as president.
Put differently, Democrats have been forced by Biden’s character, who he is – either to excuse his blatant criminality, removal, retention, and revealing of classified information, or excuse his blatant incompetence and dementia. The first erodes trust and violates the law, the second endangers national security. They chose the first.
DOJ’s report admits Joe Biden did all the things he is accused of doing, that he knowingly took, retained for years, recklessly handled, and revealed to unauthorized persons classified information – 25 classified documents in three locations. They then claim he is too “elderly,” his memory too shot to prove intent.
Just the law. Put aside all the other allegations against Joe Biden, felony bribery, Foreign Corrupt Practices Act, colorable RICO claims, all of which – by a new Attorney General – should be explored.
Focus only on 18 U.S.C. 1924: “Whoever, being an officer, employee … of the United States, and, by virtue of his office, employment, position … becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be… fined … or imprisoned for not more than five years, or both.”
Focus on 18 U.S.C. 798: “Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person … classified information … shall be fined … or imprisoned for not more than ten years, or both.”
Just the facts. The 345-page report by Robert Hur, in detail and with photographs, makes a case against Biden, proving or implying he committed both federal crimes, so should be prosecuted.
Instead, recognizing Biden as the presumptive Democrat nominee and perhaps taking note that the DC Circuit ruled against Trump’s claim of immunity from prosecution, Hur ducks the issue.
Referencing Biden’s weak memory, a product of age – which Hur corroborates with startling Biden lapses – Hur absolves Biden of any specific intent.
DOJ defends Biden the way you might a drunk accused of criminal assault, saying he cannot be prosecuted for what he did, since he cannot remember doing it.
Have you ever seen such a contorted, politically motivated, ultimately indefensible excuse for not prosecuting someone who did what he says he cannot recall doing?
Let’s get serious. Those boxes – dating to his time as a vice president, a period in which his foreign ties raise huge legal questions – did not fly to his house, garage, and Chinese-purchased office space in DC – on their own.
The material was labeled, marked classified, pulled from highly secure safes on Capitol Hill and in the White House during his vice-presidential tenure. The documents relate – we know – to Afghanistan, Iraq, and sensitive issues, so they did not just drift haphazardly into his briefcase.
Everyone who has ever handled classified material in their life knows that this material is special, must be constantly protected, is stored in a particular way, not treated as regular documents are treated.
Joe Biden knew every single time he took those documents home, likely all 25 times, that he was doing something that – even as vice president – required enormous care, special storage. His recklessness, if not worse, is beyond the pale.
But they will not prosecute him – just like they did not prosecute Hillary Clinton or Obama over intentional election interference in 2016, the whole Russia collusion nonsense, or Clinton for mishandling of classified documents, destruction of the same, emails, and a server, or for apparent sale of her office.
The Democrat machine will not prosecute Biden for blatant, multi-location recklessness, will not investigate his potential sale or indirect access by foreign nationals via his son. They will not prosecute his family, but work to protect them.
We live in times when illegality and dementia by a sitting president – at least if the president is a Democrat – appear forgivable, ignorable, of no consequence. But …
But … wake up. This is dangerous stuff. A mentally and morally compromised president, unaccountable because partisans allow him to playact for their benefit, is highly dangerous – to all of us. Period.
Robert Charles is a former Assistant Secretary of State under Colin Powell, former Reagan and Bush 41 White House staffer, attorney, and naval intelligence officer (USNR). He wrote “Narcotics and Terrorism” (2003), “Eagles and Evergreens” (2018), and is National Spokesman for AMAC.
