Two Set Of Laws: One For The Deep State And One For The Rest Of Us

Trump was indicted for retaining and mishandling classified documents. But Biden will not. Although the Special Counsel, Robert Hur, "uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen," Hur concluded an indictment was not warranted because "Biden will likely present himself to the jury, as he did during his interview with our office, as a sympathetic, well-meaning, elderly man with a poor memory." 

    There are two main conclusions that can be drawn from the report. First, that Biden's cognitive decline is worse than previously revealed. The Washington Free Beacon, for instance, noted that "President Joe Biden could not recall when he served as vice president or when his son Beau died, according to a Special Counsel report released Thursday." 

    The report, which follows an investigation into the president’s mishandling of classified documents, raises serious questions about Biden’s mental fitness as voters worry about his age. Special Counsel Robert Hur declined to bring charges against Biden, stating that a jury would find the president to be "a well-meaning, elderly man with a poor memory."

    The Special Counsel’s report details specific incidents where Biden appeared confused. Biden did not appear to know when his vice presidential term ended, asking investigators "if it was 2013 — when did I stop being Vice President?" and expressing uncertainty as to whether he "was still Vice President" in 2009.

    Biden served as vice president from 2009 to 2017. Beau Biden died in 2015. [Ed.: Biden still lies about how his son died, as well]

    Investigators write that Biden’s "memory appeared hazy when describing the Afghanistan debate that was once so important to him" and that in interviews he spoke as if he "had a real difference of opinion with General Eikenberry." General Karl Eikenberry was a top Biden ally in the Obama administration, who shared the then-vice president's views on Afghanistan.

    Biden’s poor memory, the report states, would likely be an argument "his attorneys would emphasize" in a courtroom. Biden’s mental "limitations" were a potential defensive hurdle which Justice Department attorneys would not have been able to surmount, the Special Counsel determined.

Unmentioned is why his mental limitations now are relevant to his intent in 2017. 

    In any event, although his poor cognitive function is why he is skating on charges, Biden has refuted any suggestion that he is a doddering, senile old fool. U.S. News reports:

    An agitated President Joe Biden pushed back hard Thursday night on reports that he "willfully" retained classified documents or that his memory was faulty, refuting parts of a Department of Justice Report that had good legal news for Biden but described him as "elderly" and forgetful.

    "There's some attention paid to some language in the report about my recollection of events," Biden said in a hastily called news conference at the White House. "There's even reference that I don't remember when my son died. How in the hell dare he raise that?” Biden said, turning emotional as he often does when he speaks of Beau Biden, who died of a brian tumor in 2015.

    "I don't need anyone to remind me when he passed away," Biden said. The president noted that daily he wears a rosary that reminds him of his late son.

Guilty people deflect questions, and Biden was a classic case of deflection with his "how the hell" comment. Notice that he didn't say something like "I clearly remember his death in 2015".

    The second conclusion is that this clearly illustrates the two-tier justice system we have for the Deep State and its minions versus the rest of us. We not only have the case of Biden illegally retaining classified documents, but Hillary Clinton avoiding criminal charges in 2016 for an even more egregious case of mishandling classified information.  Of course, the media is already spinning this one to convince us that there are other reasons for the Republican to be prosecuted but the Democrats to avoid a similar fate:

• "Why Biden and Trump's classified documents cases aren't the same: Experts"--ABC News.
• "What’s the difference between the Trump and Biden classified documents investigations?"--NBC News.

From the ABC News article (underline added):

    While the similar nature of the cases is sure to become a political talking point, the stark differences in the conduct of Biden and Trump -- as well as the importance of prosecutorial discretion in national security cases -- resulted in the different results, according to both Hur's report and legal experts who spoke with ABC News.

    "One of the most vague areas of national security law and enforcement of it is how to handle retention cases," said Brian Greer, a former CIA lawyer who is now a partner at Greenberg Traurig. "Frankly, retention of classified information happens way more than it should, and the government's just not going to prosecute every case."

    Given the uneven enforcement of cases, Greer highlighted former FBI Director James' Comey's decision, months before the 2016 presidential election, not to charge former Secretary of State Hillary Clinton for unlawful transmission of classified documents on a personal device.

    "In looking back at our investigations into mishandling or removal of classified information, we cannot find a case that would support bringing criminal charges on these facts," Comey said, citing past cases involving willfulness, intentionality, disloyalty, intentional misconduct, and efforts to obstruct justice. "We do not see those things here."

    Hur's report into Biden's conduct appeared to highlight the application of the same discretion, weighing Biden's conduct when he was approached by investigators about the classified documents. While Biden cooperated with investigators who searched his home and office, Trump allegedly engaged in obstructive acts and conspired with others to prevent investigators from recovering classified documents.

The importance of trying to justify the disparate treatment is obviously important, as revealed by the NBC News article. It notes that although "Hur’s report acknowledged that 'it is not our role to assess the criminal charges pending against Mr. Trump,'" it nevertheless went to the trouble to distinguish between the two cases and why charges were brought against Trump and not Biden, for which Biden expressed his gratitude. In other words, the Special Counsel and the DOJ were well aware of the double standard and formulated an explanation which even now is being parroted by all the talking heads. 

    The important part to keep in mind is the comment about prosecutorial discretion. If you look at Biden and Hillary's cases, the DOJ and/or special counsels actually did find that there were violations, but chose to not bring charges. We, the public, are expected to believe that this was because Hillary and Biden, when caught, "cooperated" with authorities while Trump (who has always maintained that he had a right to the documents, or empty file folders as the FBI photographs seem to show) did not "cooperate" and had nothing to do with the bureaucracy's fear and loathing of President Trump. 

    The difference is a sham, an empty excuse, to cover for the government's selective prosecution.