In an attempt to clarify their decision to not pursue legal action, Special Counsel Robert Hur disclosed aspects of President Joe Biden’s uncertain mental state. Interestingly, this came about during a conversation among distinguished panelists Kudlow, Carney, Lowry, and Forbes, providing their insight into why the Department of Justice permitted the inclusion of such information in the report. Carney emphasized that Hur’s explanation of the President’s mental situation was the crux for not pressing charges, despite the report’s findings about Biden’s handling of classified materials post-vice presidency.
Carney further elaborated, ‘The essence here is that the DOJ, upon reviewing the special counsel’s findings, had to balance the legal and ethical implications. The situation demands more scrutiny because the glaring evidence shows a potential violation of law.’ Indeed, the report suggested Biden had retained and disclosed classified materials knowingly and intentionally. Yet, the underlying assumption was that a jury observing the mental state of Biden might perceive him as unfit rather than wilfully criminal.
Continuing his analysis, Carney said, ‘They believe the President acted with intent. But the issue here isn’t just about intent; it’s also about the ability to secure conviction based on that intent.’ Such sentiments underscore the legal conundrum: knowing there’s a crime, but doubting the odds of securing a conviction, resulting in the abandonment of charges against Biden.
Forbes offered an additional layer of insight to the conversation, opining, ‘The unredacted release of this report seems strategically aimed at shifting the narrative, as they must have deemed necessary. The implication here is not about imputing Biden’s culpability, but rather, stating that he’s not in a state to competently execute the role he’s in.’ Forbes went on to cast doubt on Biden’s future as the Democratic nominee based on the damaging revelations.
Lowry, hailing from the National Review, brought up the larger political ramifications for the Democratic Party. He suggested that the Democrats have probably missed their chance to substitute Biden and lack a definitive alternative if they were to suddenly pivot to a contested convention.
The political conversation wouldn’t be complete without mentioning the looming presence of former president Trump. Lowry underlined the threat that Democrats face. He said, ‘Looking at the current political landscape, with this formidable potential Trump candidacy, who would the Party even consider to replace Biden? Would Kamala Harris be a plausible candidate? But then again, can they really justify bypassing an African-American woman such as Harris?’
Lowry continued his train of thought, proposing, ‘Had they wanted to replace Biden, the most strategic course would have been to field a strong primary contender against him. However, they veered away from this possibility. And now, they seem to find themselves in a predicament.’
Kudlow then interjected with an important point regarding the Presidential Records Act, which allows presidents the authority to declassify and remove documents as long as they ensure safekeeping. He pointed out the seemingly impregnable security measures at Trump’s residence, Mar-a-Lago, and mentioned Trump’s ability as President to declassify documents.
Biden’s situation was contrasted to this by Carney, explaining that Biden had retained classified documents not as a President, but during his time as senator and vice president. Carney seemed puzzled as to why Biden would have a need to keep these documents, adding a layer of peculiarity to the situation.
Carney then referenced how other presidents, like Ronald Reagan, took certain liberties in terms of what they removed from the White House. However, he noted, these actions were justified by their status as the U.S. president. In contrast, Biden was neither president nor did he have the necessary authority when he took these documents.
Expressing his perplexity, Carney said, ‘What’s unusual and a bit concerning here is why Biden kept these documents during his term as senator and vice president. There’s no plausible reason that justifies why he held onto them. It makes one wonder about his motivation and judgement at the time.’
With a critical stance, Carney revealed, ‘The report underscores that Biden retained these documents knowingly when he was mentally capable. Now he seems to have lost that competency, giving more gravitas to the issue.’
Lowry concluded the discussion with a witticism, ‘This seems to be the underpinning of Trump’s campaign theme. He’s the competent candidate who can potentially be liable for crimes. Quite the stark contrast to the current situation.’