23 Comments

https://apnews.com/article/biden-classified-documents-trump-side-by-side-fb2c4ebccdbdbb9039c1c5e227b1da53

Bold faced live are something that makes me hope the Christians are right. You’ll have a great seat in hell.

You’re comparing six classified documents and a total of 30 that he literally forgot about so obviously no spy or anyone else of consequence is ever going to stumble upon them, at least no one with the connections to do nefarious things with any information. With a trove of 10,000 pages can training over 300 multi page classified documents by a fat lazy dumb motherfucker who wouldn’t read a two page brief in the morning. No. I’m not defending the Biden ministration or the Democratic Party as an example of good government, but it’s a far cry from an ongoing criminal enterprise and self-serving charlatan bullshit offered by the last few GOP administrations. Well, basically since Reagan.

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Cerebral function and mental health along with critical thinking capabilities his not the fucking hill any GOP supporter wants to die on. Damn you motherfuckers have some temerity

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Feb 14Liked by Brian Mowrey

One other thing: I finally did download the report. There are a number of passages that seem pretty damning regarding his memory post February 2017. See page 68 and Biden’s Oct 10, 2016 statement to his ghostwriter about his foreign policy notebooks: “[t]hey didn’t even know I have this.” Did he forget all this 3 months later?

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Well, that is the theory seemingly advanced by the report. The more I read, my theory on what was on Biden's mind when he claimed he wouldn't keep anything wobbles, but that is the fun of this document. So for the personal notes, that seems to be in a silo where he doesn't agree that he shouldn't keep these, and won't acknowledge that keeping these falsifies the statement that he didn't keep classified info. But how can he have this attitude about the notes and not scan his brain for "what else have I kept?" before claiming not to have kept anything. It would be brazen. But consistent with forgetfulness being the main driver of his claim.

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Feb 14·edited Feb 14Liked by Brian Mowrey

Thanks so much. This explains exactly what I was missing! So much of the discussion I have heard concerns violations of 18 U.S. Code § 1924

But you are the only one I’ve heard who clarified that this law does not apply to Joe Biden as a senator or VP:

“(a) Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than five years, or both.”

I do not recall people discussing this. And that seems rather odd, even considering my ignorance of the subject matter.

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I mostly am just going by the tone of the legal summary in the report, p 15, which says that the rules of access established in whatever the current executive order is don't apply to members of Congress and cites https://www.law.cornell.edu/uscode/text/50/3163

This, on a second reading, actually leaves the question of whether rules about retaining documents applies to Congress, again, I am just going from the tone of the summary, I haven't read the primary sources etc.

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Feb 14·edited Feb 14Liked by Brian Mowrey

Am I missing something? I haven’t read the report, but from the multiple sources I have read - people who have read the report - Biden appears to be a serial violator of laws pertaining to confidential documents. He was known by his staff to consistently violate the laws.

He even stated at one point something along the lines of, “they don’t know I have this stuff.”

Is it a question of his inability to defend himself at trial? Even in recent years he knew he had classified documents and didn’t come forward to admit his crimes until he got caught.

It seems Hur and the Attorney General had an agreement. Your report will show how guilty Biden is but give us some lame excuse why we’re not going to charge him. Hur gets to claim that he did his job with integrity. Garland could have removed a lot of stuff in that report but didn’t. He earned the support of powerful people who don’t want a second Biden term.

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Feb 14·edited Feb 14Author

As for "serial violator," although staff are supposed to retrieve classified material when possible, and this obviously didn't happen e.g. for the Afghanistan trove, there is no question of illegality as long as Biden is still Senator-VP from 1973 up to Jan 2017. The law in question doesn't apply to sitting president, VP, members of Congress, SCOTUS, or federal justices.

So the situation with Biden is that he goes 5 decades not having to think about this law when it comes to classified stuff at his properties, and then (in theory) not having to think about this law because he has no reason to even remember he has the stuff. The special counsel does not seem to think that Biden remembered or thought about all this material after February, 2017, and they seem to want to spare him prosecution on this consideration - and this is what motivates the statements about his memory and how he would be perceived by the jury.

*edit: It parallels the Hillary un-secure email thing. It's less a question of "look Biden broke a law" as "Biden obviously didn't take information security seriously, thought that he was above it - an entitled attitude which likely led to a lot of info getting out - like Hillary." But if this is the problem, it mostly applies to when it was legal for him to have all these docs and no one was doing anything to address the problem.

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Rather than just observing that there's no point pursuing charges because Biden would present as a “sympathetic, well-meaning, elderly man with a poor memory,” for someone interested in actual justice wouldn't it be better to recommend medical evaluation to determine if he's competent to be charged?

Considering the way our justice system often makes surprising or counterintuitive decisions based on parsing the most obscure legal details, this just seems…sloppy.

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That would be a different standard. The jury doesn't need to believe Biden isn't competent to stand trial, just that he didn't remember a box.

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Well, why not let the jury decide then, rather than predicting what they will do?

Assuming I understand your comment.

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Feb 13·edited Feb 13Author

Either, because special counsel legitimately doesn't want to bring charges, and so they are just giving their honest reasons why they feel bound to this decision by the evidence and mitigating factors involved, or, the whole thing is theatre for introducing comments on Biden's memory that Hur wants to release. I think it's the former. They feel Biden really did forget the box very quickly after 2017, but the difficulty is that he's on tape knowing about the box in February, which is already illegal unless it's basically something just discovered, pending return. It's an ugly problem. So they throw the responsibility over to the jury to justify the outcome they prefer (which is not to even let it go to jury).

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See this is not a listen. You’re making shit up that is not relevant. If he knew he was in possession of those things he would’ve given them back instantly. This is just a simple deflection from the seditionist insurrection inciting child rapist money laundering Putin cocksleeve more than likely espionage committing TreasonWeasel

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Feb 13Liked by Brian Mowrey

Has no one pointed out that Biden's outrage (the rosary thing) is completely irrelevant to the point? It only serves as an emotional distraction for those eager for an excuse to criticize Hur.

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He should be hung

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So many things about this situation. So, becoming elderly and forgetful gives you a retroactive Get Out of Jail Free card? Good to know.

Can't wait to deploy that tactic if I get caught, for example, building a shed without a permit. Or failing to file taxes. Etc.

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I mean, this is probably always true. I vividly remember being in traffic court in Northern Virginia, elderly lady with no excuse for her violation, judge just dismisses anyway. I on the other hand spent that night in jail despite multiple legitimate mitigating factors (police tailgated me for many minutes until I went over speed limit etc.).

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Feb 13Liked by Brian Mowrey

You're right, of course. The only time I was ever involved in a lawsuit I was suing a roofer (to oversimplify). Even though I won my case, the judge wouldn't impose any penalty on the roofer because "any judgment wouldn't be worth the paper it's written on", because everybody knew the guy had recently put all of his possessions in his wife's name.

So 30% of my property damage insurance payment (already less than actual damages) went to my lawyer for his contingency. Justice served!

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Feb 13·edited Feb 13Liked by Brian Mowrey

I take a back seat to nobody in my contempt for Biden and his entire, nation-wrecking administration. But as a nation, we also need a much more sensible policy around "classified" documents. I'm 100% certain that were all those garage-based classified documents published far and wide, it would make not the slightest difference to anything. Same with whatever Trump is accused of having.

The government is far too free with slapping down the "classified" stamp, and more often than not, it's done simply to protect the goverment from people discovering their perfidy, double-dealing and lawlessness. Like the constant excuse from the FBI/CIA that they can't "reveal methods." It's total horseshit, and whenever they say it they actually mean, "we were doing something illegal or blatantly partisan and don't want you to know."

The assumption for ALL government documents should be that they be public, with only the very highest order items, such as technical secrets, kept under wraps. As it is, document-gate is now just another partisan witch hunt. Biden gets away with it, as we all knew he would. They're still trying to send Trump to prison for it. The whole thing stinks.

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Probably.

On the other hand I tend to be skeptical that transparency improves outcomes. If the public knows something, then by definition a lot of people who can't possibly have a realistic idea of relevant decision parameters will demand unrealistic decisions, and then the government will have to follow these demands, it won't matter what the best action actually is. This is why leaks are used to constrain the administration's available actions, as in fact happened in 2009 to result in the Afghanistan surge. A closed admin acts as a temporary monarchy and has the same problem as a monarchy - 'what if bad monarch' - but with the extra problem of being weaker against the deep state due to vulnerability to leaks and replacement via election. Whereas, an open admin would lead to pure democracy. Maybe this would disempower the deep state but would it lead to better government, I doubt.

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Such an excellent comment.

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