What They Left Out

On Monday, Just the News posted an article about what was left out of special counsel Robert Hur’s report on President Joe Biden’s handling of classified materials.

The article reports:

Iowa GOP Sen. Chuck Grassley and Wisconsin GOP Sen. Ron Johnson on Monday asked that Attorney General Merrick Garland account for special counsel Robert Hur’s report on President Joe Biden’s handling of classified materials making no mention of a batch of materials the National Archives recovered from the president’s attorney’s office in Boston.

Hur’s report became public last week and stated that “[o]ur investigation uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen.” It further declined to bring charges against the president, in part, on the basis of his poor memory.

Writing to Attorney General Merrick Garland, FBI Director Christopher Wray, and Hur, the GOP lawmakers asserted that “[t]here appears to be a significant factual omission in Special Counsel Hur’s report on his office’s investigation into President Biden’s mishandling of classified documents.”

In March of 2023, the National Archives and Records Administration (NARA) confirmed that it had retrieved nine boxes from the office of Biden attorney Patrick Moore that had been taken from the Penn Biden Center in Washington. Those materials were then transferred to the John F. Kennedy Presidential Library. At the time, NARA had not reviewed the materials.

There are a lot of questions about the funding of the Penn Biden Center. I will just leave that there.

The article concludes:

The Republicans set a deadline of Feb. 23 for the DOJ to answer whether Hur reviewed the nine boxes in question and to document their contents.

Please follow the link to read the article. The details in this are amazing. Those boxes have done some serious traveling. One wonders if anything was subtracted from those boxes during their travels.

The Overlooked Smoking Gun

On Sunday, The Liberty Daily posted an article by Peter Roff of the Daily Caller News Foundation. The article dealt with one point in the Special Counsel’s Report of President Biden’s mishandling of classified documents that seems to have been overlooked.

The article notes:

Nonetheless, by focusing on what special counsel Robert Hur wrote about Biden’s failing memory in his report on his mishandling of confidential government files dating from his time as vice president, they missed the more significant nugget in Hur’s explanation of why there would be no indictment.

Remember, the Biden Justice Department indicted former President Donald J. Trump over the same issue. The outcomes were different, Hur explained, not just because Biden couldn’t remember things but because he cooperated with the investigation while Trump didn’t.

That should about blow the case out of the water. It all but confirms Trump was singled out for special treatment, as he claimed. The case against him is political, and it’s okay for America to move on because there’s really nothing to see.

As a former president and as a citizen, Trump has rights. He doesn’t have to turn over every document they ask for to the government. Every departing chief enters into a negotiation regarding what they can take with them when they leave. The rules are not at all clear.

They’re obviously not supposed to take any of the furniture that was there when they moved in with them (one recent first couple apparently missed that memo). As far as any documents go, the president and the National Archives are usually allowed the time necessary to work out who gets to keep what.

The former president was not afforded the same luxury as his predecessors. His suggestion the Biden Justice Department rushed the case into court to damage him politically now looks stronger.

I am not a lawyer, but there is another aspect of this that is troubling. Let’s say someone robs a bank and puts the money in an interest-bearing account hidden somewhere. After five of six years in prison, they figure they can live on the interest, so they give back the money. Are they then not charged with the crime? That’s what this sounds like (other than the obvious unequal justice under the law).

What Was Actually In Those Documents?

Putting aside the fact that a Senator or Vice-President shouldn’t have classified documents in his home or garage, let’s take a look at what some of those documents were and how they might be related to other issues.

On Friday, The Epoch Times reported:

President Joe Biden retained documents related to Ukraine that were classified as “secret” and “confidential,” according to a report by Justice Department’s special counsel Robert Hur, released on Feb. 8.

The 388-page report states that the FBI found a folder labeled “VP Personal,” containing two documents—a telephone call sheet and talking points for a call with then-Ukrainian Prime Minister Arseniy Yatsenyuk, which occurred on Dec. 11, 2015—marked as “secret.”

There is a handwritten note from President Biden in the upper-right corner of the sheet asking his executive assistant to “get [a] copy of this conversation from Sit Rm for my Records please.” The document was labeled “confidential” and “EYES ONLY DO NOT COPY.”

Additionally, one appendix in the report states that President Biden kept a memo with the subject line “U.S. Energy Assistance to Ukraine,” from September 2014. The results of the classification review indicate the memo was “confidential.”

President Biden served as vice president under the Obama administration at the time. His son, Hunter Biden, joined the board of directors of Ukrainian energy company Burisma Holdings in May 2014.

Nothing like breaking the law to help and unqualified family member in his job.

The article concludes, reminding us:

Burisma contacted the source to seek assistance in buying a U.S. company to merge with, in the hope that it could go public in the United States.

After the disclosure of an investigation into Burisma by Ukraine’s prosecutor general Viktor Shokin in 2016, the source informed Mykola Zlochevsky, the owner of Burisma, that it could negatively affect the company’s prospective initial public offering.

Mr. Zlochevsky replied that Mr. Hunter Biden “will take care of all of those issues through his dad,” according to the document. Mr. Shokin resigned in March 2016.
President Biden in 2018 bragged at the Council of Foreign Relations that he got Mr. Shokin dismissed.

“‘We’re leaving in six hours. If the prosecutor’s not fired, you’re not getting the money,’” he said about his interaction with Ukrainian officials, referring to a $1 billion loan guarantee he threatened to withhold. “Well, son of a [expletive]. He got fired.”

Mr. Shokin has said that the threat was cited when he was ousted. He said in a sworn statement that then-Ukrainian President Petro Poroshenko asked him to resign because of “pressure from the U.S. presidential administration, in particular from Joe Biden.”

But as of now, there will be no consequences for President Biden ignoring the laws he should have been enforcing.

Victor Hanson’s Statement On Special Counsel Hur’s Report

Victor Davis Hanson’s Twitter statement on Special Counsel Hur’s report:
Biden is Too Demented to Be Found Guilty of Crimes,  But Not Too Demented to Be President? Special Counsel Robert Hur just found Joe Biden was guilty of violating national security laws in removing classified documents— after examining then Senator and Vice President Biden’s some 15-year habit of removing classified files to his offices and residences, where they were stored in unsecured fashion.
Period. End of story.
Hur then as a disinterested Special Counsel, not a local county prosecutor on a limited budget, logically would have indicted and prosecuted Biden.
It really is a jury’s decision to determine whether Biden was guilty or innocent, or whether he is pardoned/exempted by reason of dementia.
It is not the role of Hur, as a prosecutor and advocate for the state, to imagine how difficult his case might be to prove someone so incapacitated like Biden was guilty, as Hur’s own research and investigations had otherwise indicated that he was.) Is mindset, intention, or mental status a normal consideration of violations of national security laws, or is it the act itself?
So we are back to the James Comey defense: Hillary was guilty but in Lord and Savior Comey’s judgement no jury would likely convict a presidential candidate of such stature of violating national security laws. (NB:  After her reprieve, Hillary immediately claimed such extenuating circumstances were proof of her innocence! And Biden in a nanosecond likewise claimed he is now exonerated too, as was the administration’s plan all along).
Finally note the following:
1) The Left, Hur, and others believe that someone who has lost his faculties and who would not be allowed to drive a semi-truck, teach a class, diagnose a patient, argue a case, wire a house, or cook a hamburger is nevertheless fit enough to run the United States of America.
2) Note this same old/same old shocking but predictable asymmetry. Trump is a mere four years younger than Biden. The left fixated on the fact that he recently confused Nikki Hayley with Nancy Pelosi. Are we then to expect Jack Smith to follow the precedent of his fellow special counsel Hur, who was likewise appointed by Biden administration AG Merrick Garland and thus to conclude that although Trump violated the law by removing files, he seemed too confused to indict, given the likelihood of a sympathetic jury?
3) Hur himself tried to preemptively defend himself from the obvious conclusion that he extended special considerations not to indict Biden in a manner Jack Smith did not to Trump. Yet he omits that there were key differences in the two cases:
Biden had no putative right, as did Trump as President, to declassify files he took home.
Trump’s Mar-a-Lago walled and surveilled estate was far more secure than Biden’s rickety garage.
Biden had stored files for over a decade not less than two years.
Biden’s attorneys came forward just days before Smith was appointed on November 18, 2022. So it was not altruism that prompted their confession after Biden’s years of secretly hiding such illegality, but rather fear that Trump would soon be hounded for a ”crime” of which Biden was found out to be long guilty. So they went public to preempt that charge and falsely claim civic virtue.
This is just more of a long, disgusting pattern of biased applications of the law: Jan 6 vs 2020 May to October deadlier and more violent riots; election denialism of Trump versus Stacey Abrams’s nonstop claims of being the real governor of Georgia; “insurrection” called for in Trump’s speech vs Kamala Harris’s threats that the 2020 riots (“protests”) would and should keep going; the Trump 2020 election gambit versus the 2016 Leftwing coordinated effort to leverage electors into renouncing their states’ popular vote mandates. And so on.
No Department of Justice in our history has ever done more to undermine Americans’ confidence in the fair and equitable application of justice.
This is not the America we grew up in.
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Another Special Prosecutor

On Thursday, Breitbart reported the following:

Special Counsel Robert Hur, appointed Thursday by Attorney General Merrick Garland to probe President Joe Biden’s mishandling of classified information, was among those at the Justice Department who had knowledge about the Russia hoax perpetrated on former President Donald Trump.

According to a Justice Department document, Hur is a former DOJ official “who handled, participated in, or have personal knowledge of the FBI’s relationship and communications with” Christopher Steele, who authored the infamous dossier that paved the way for the Russia hoax.

Hur began his career by clerking for the late Chief Justice William Rehnquist after graduating from Harvard and Stanford. Hur was then hired as the principal associate deputy attorney general, “serving as the top aide to Rod J. Rosenstein, the deputy attorney general under President Donald Trump. Before that, he had also been special assistant to Christopher A. Wray, who was leading the Justice Department’s criminal division at the time and went on to become the FBI director,” according to the Washington Post.

Rosenstein announced Hur’s appointment in a press release, praising him as having “experience and judgment [that] will advance our efforts to deter crime, promote the rule of law, and ensure equal justice for everyone.”

I hope no one minds if I don’t hold my breath waiting for equal justice for everyone.

It is very possible that this is the beginning of the strategy either to remove President Biden from the White House or discourage him from running for a second term. At any rate, I can guarantee that there is a strategy behind this move and that strategy is be orchestrated by someone other than Merrick Garland.