Democrats are well and truly stuck. Special Counsel Robert Hur is testifying before Congress today, and his report, as everyone will recall, declined to prosecute Joe Biden because a jury would see him as an “elderly man with a poor memory.”

Herein lies the problem. Democrats are insisting that Joe Biden is totally mentally sharp, on top of his game, and did you SEE his State of the Union speech??? Well then, if Joe Biden is mentally on top of it, then he should be prosecuted, right?

There are two choices this morning as Hur testifies.

1) Biden's memory is so bad he wasn't charged w/ illegally keeping classified info as a private citizen
2) Biden's memory is fine & he should be charged for willfully keeping of classified info as a private citizen

— Katie Pavlich (@KatiePavlich) March 12, 2024

Robert Hur, during his opening statement, pointed out that it was Joe Biden who made his memory and recollection of events a major component of the interviews.

My report reflects my best effort to explain why I declined to recommend charging President Biden. I analyzed the evidence as prosecutors routinely do: by assessing its strengths and weaknesses, including by anticipating the ways in which the President’s defense lawyers might poke holes in the government’s case if there were a trial and seek to persuade jurors that the government could not prove his guilt beyond a reasonable doubt.

There has been a lot of attention paid to language in the report about the President’s memory, so let me say a few words about that. My task was to determine whether the President retained or disclosed national defense information “willfully” — meaning, knowingly and with the intent to do something the law forbids.I could not make that determination without assessing the President’s state of mind. For that reason, I had to consider the President’s memory and overall mental state, and how a jury likely would perceive his memory and mental state in a criminal trial. These are the types of issues prosecutors analyze every day. And because these issues were important to my ultimate decision, I had to include a discussion of them in my report to the Attorney General.

The evidence and the President himself put his memory squarely at issue. We interviewed the President and asked him about his recorded statement, “I just found all the classified stuff downstairs.” He told us that he didn’t remember saying that to his ghostwriter. He also said he didn’t remember finding any classified material in his home after his vice presidency. And he didn’t remember anything about how classified documents about Afghanistan made their way into his garage.

My assessment in the report about the relevance of the President’s memory was necessary and accurate and fair. Most importantly, what I wrote is what I believe the evidence shows, and what I expect jurors would perceive and believe. I did not sanitize my explanation. Nor did I disparage the President unfairly. I explained to the Attorney General my decision and the reasons for it. That’s what I was required to do.

When you read the transcript of the interview itself, it’s likely Hur was bending over backward to be generous in his assessment of Joe Biden. We now know, for example, that it was Joe Biden who brought up his son Beau’s death, not Robert Hur – despite Joe’s bitching and moaning about Beau being referenced during his meltdown press conference after the report was released. We also know that Joe did indeed blank on dates and when events – like his own vice presidency – took place. He was consistently bailed out by his aides or lawyers during the interview, according to the transcript. But one State of the Union speech on uppers later, plus the need of Democrats to buy into the narrative that Joe Biden is fully competent to be president, has members of Congress at this hearing spinning like tops.

If you are Jerry Nadler, then you’re just going to go all the way and act offended that Special Counsel Hur DIDN’T prosecute Joe Biden. That’s a take.

Rep. Gerrold Nadler:

"Why did the president charge Former President Trump but not President Biden? …Former President Trump was fundamentally incapable…President Biden had the mental acuity to navigate this situation!" pic.twitter.com/8NyIdSV2Eb

— Townhall.com (@townhallcom) March 12, 2024

Yes, Nadler is trying to make the point that Biden cooperated with Special Counsel Hur, and that saved him from prosecution. That doesn’t address why Joe Biden had classified documents from his time as a SENATOR, or why he continued to retain said documents once he “found” them, as he told his ghostwriter. But once he got found out, he cooperated. Yes, it is a problem that Donald Trump did not cooperate fully, but that is a separate case being separately prosecuted. Trump, at least, was president. Biden was not – he was a senator and a vice president, and yet had collected a trove of classified documents that he did not turn over for decades until his lawyers started handing them over.

But the Trump case kept making appearances, solely to let Democrats point out all of Trump’s legal sins while putting a halo on Joe Biden. Ted Lieu shone in this moment, when he carefully listed all of the charges against Trump so that Robert Hur, who is not in charge of that case, could simply say that Joe Biden had not been charged with any of THOSE things. And yes, Lieu had to bring up the Stormy Daniels case. Naturally, the Twitter/X syncophants ate this up.

Just now, Congressman Ted Lieu proved to Trump Supporters that , no, the Biden documents case is not the same as the Trump documents case.

To do so he questions Special Counsel Robert Hur about whether or not Biden partook in the same nefarious actions as Trump did.

To each… pic.twitter.com/FCc5sY5MkL

— Ed Krassenstein (@EdKrassen) March 12, 2024

As we pointed out at the time, apparently everyone is just walking around with classified documents. The problem becomes the selective prosecution. David Petraeus is prosecuted for retaining classified information and sharing said information with his own ghostwriter, but Joe Biden’s poor memory gets him off the hook when it comes to doing the same with HIS ghostwriter – even though the ghostwriter recorded the interviews and then attempted to destroy the evidence!

Special Counsel Hur says Biden's ghostwriter attempted to destroy evidence soon after the special counsel was appointed to investigate the classified documents scandal pic.twitter.com/IDsR8GG9Iy

— RNC Research (@RNCResearch) March 12, 2024

The Hur testimony is just an opportunity for both sides to grandstand. The real issue at hand is the transcript that everyone can now read for themselves. Imagine if there was audio of that transcript, when Biden is monologuing about Beau (pages 83-88), or when he is making car sounds and talking extensively about his Corvette (pages 66-68). Even reading the transcript allows the public to fill in the audio for themselves. What we have here is an old man who quite easily can meander verbally WAY off track, who gets quick help from aides and lawyers to correct him on dates, and who is forgetting words like “fax machine.” Robert Hur made a judgment call that no jury would look at Joe Biden and hear his testimony on the stand – with no one to fill in his blanks – and decide to convict him. What Hur probably didn’t realize, because he was trying to do a fair job, is that offering his justification for NOT charging Biden would directly challenge the Democrats’ narrative that Old Joe is still totally with it – just a little stiff, needs shorter stairs and grippy shoes, but TOTALLY FINE.

No one is reading the transcript and coming away thinking that Joe Biden is totally fine. And that’s why the Democrats on the House Judiciary Committee are upset.

Featured image: original Victory Girls art by Darleen Click