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Special Counsel Report: No Charges for Biden in Classified Docs Case

Special Counsel Report: No Charges for Biden in Classified Docs Case


Jordan Sekulow

February 9

4 min read

Public Policy



Special Counsel Robert Hur announced that President Biden won’t face prosecution for the classified documents probe due to his age and “poor memory.” On the other hand, President Trump’s classified documents trial is still pending. Is there a two-tier system of justice for President Biden?

Fox News reports on Special Counsel Hur’s announcement:

“We conclude that no criminal charges are warranted in this matter,” the report states. “We would reach the same conclusion even if the Department of Justice policy did not foreclose criminal charges against a sitting president.” . . .

“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.”

First of all, this is a very sobering and serious matter affecting the Commander-in-Chief of our military.

Hur’s report is very troubling and calls into question the President’s capability of leading the country based on being “an elderly man with a poor memory.” This puts the United States in a vulnerable position on the world stage.

The Special Counsel didn’t believe the President was capable of displaying a “mental state of willfulness” to have illegally stored classified documents.

Because of this, the probe will be dropped (another factor is that a sitting President cannot be prosecuted for a crime).

President Biden, however, didn’t do himself any favors with the combative nature in which he came out and did a press conference last night.

This all now raises questions regarding whether the 25th Amendment could be used to remove the President from office before his current term is complete.

Will the Democrat Party be comfortable with President Biden as the nominee for 2024? The events of the last 24 hours might have a long-lasting impact on Biden’s desire for a second term as President of the United States.

Let’s focus again on the double standard being applied to President Biden.

Hur concluded: “President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen.” The documents contained classified information about the military, Afghanistan, and other matters of foreign policy and national security. Since the documents date back to when Biden was Vice President, he had no authority to declassify them.

But the Special Counsel will drop the probe entirely – apparently because he doesn’t believe a prosecutor can prove malicious intent based on the President’s “poor memory.”

But as you know, President Trump faces similar charges of storing classified documents at his Mar-a-Lago residence. Special Counsel Jack Smith has not relented in prosecuting the President for the documents.

If the DOJ won’t keep investigating President Biden, shouldn’t the same measure be applied to President Trump? Attorney General Merrick Garland should drop the case against President Trump to remove any appearance of a two-tiered system of justice.

ACLJ Senior Counsel Andy Ekonomou echoed my calls for AG Garland to dismiss the case:

It’s in Merrick Garland’s court right now. Why don’t you dismiss this case against Trump out of the Mar-a-Lago documents? . . . If you’re intending to be fair in your pursuit of justice as the Attorney General of the United States, you’ve got an identical situation that you had in Mar-a-Lago in Delaware -- even worse. Because your Special Counsel found that the President was acting willfully, and [with] Trump, it was a completely different matter. But why continue this nonsensical case against Trump on document retention and illegal document holding in Mar-a-Lago? That case should be dismissed.

We need a balanced Department of Justice that treats everyone equally, regardless of political affiliation. A two-tier system of justice is un-American.

Today’s Sekulow broadcast provided a full analysis of the Special Counsel’s troubling report about President Biden. We also raised the issue of the DOJ’s obvious two-tiered system of justice.

Watch the full broadcast below:

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