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Biden's atty uses the "too forgetful" defense? WTF?

Let me get this straight. Biden should be forgiven for having illegal classified documents because he isn't capable of remembering he had them, ergo is forgetful.

That's the best they can do? Speaking of forgetful, here's a great joke:

A surgeon walks into a patient's room. "I have good news and bad news, which would you like first". The patient selects "the bad news". The Dr replies, "I forgot which leg was bad and amputated the wrong one. The good news is the other one is going to be fine."

Special Counsel: Biden Too Forgetful to Prosecute

The Justice Department mounts a defense of the president’s mishandling of classified information.

By James Freeman, WSJ

Feb. 8, 2024

Today is not a day that Justice Department prosecutors are going to look back on with pride. Nor are they likely to be proud of their association with special counsel Robert Hur. Tasked with investigating Joe Biden’s mishandling of classified documents, Mr. Hur has instead taken on the role of defending Mr. Biden’s conduct, which clearly was not consistent with the law. It may be embarrassing and frightening that the president is mumbling and bumbling his way through his term, but what’s outrageous is that his cognitive challenges now seem to be functioning as a legal immunity shield.

Mr. Hur writes in his report today that he doesn’t think charges against Mr. Biden are warranted, in part because he assumes a jury would sympathize with the elderly potential defendant.

Mr. Hur writes in the executive summary:

Our investigation uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen. These materials included (1) marked classified documents about military and foreign policy in Afghanistan, and (2) notebooks containing Mr. Biden’s handwritten entries about issues of national security and foreign policy implicating sensitive intelligence sources and methods. FBI agents recovered these materials from the garage, offices, and basement den in Mr. Biden’s Wilmington, Delaware home.

It seems that Mr. Hur even has a Biden acknowledgment on tape:

Mr. Biden wrote his 2007 and 2017 memoirs with the help of a ghostwriter. In a recorded conversation with his ghostwriter in February 2017, about a month after he left office, Mr. Biden said, while referencing his 2009 Thanksgiving memo, that he had “just found all the classified stuff downstairs.” At the time, he was renting a home in Virginia, where he met his ghostwriter to work on his second memoir.

Yet Mr. Hur then labors to present on behalf of the man he is supposed to be investigating a forgetfulness defense:

... Mr. Biden’s memory was significantly limited, both during his recorded interviews with the ghostwriter in 2017, and in his interview with our office in 2023. And his cooperation with our investigation, including by reporting to the government that the Afghanistan documents were in his Delaware garage, 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.

Another viable defense is that Mr. Biden might not have retained the classified

Afghanistan documents in his Virginia home at all. They could have been stored, by mistake and without his knowledge, at his Delaware home since the time he was vice president, as were other classified documents recovered during our investigation.

The excuse-making for the President continues:

When Mr. Biden told his ghostwriter he “just found all the classified stuff downstairs,” he could have been referring to something other than the Afghanistan documents, and our report discusses these possibilities in detail.

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. 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.

So instead of prosecuting, Mr. Hur is fine with letting this guy walk so he can continue as our commander-in-chief?

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