Latest / The Ben Ferguson Podcast / Biden Declared Mentally Incompetent to Stand Trial by DOJ Sen. Ted Cruz Joins Me to Break It All Down

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Biden Declared Mentally Incompetent to Stand Trial by DOJ Sen. Ted Cruz Joins Me to Break It All Down · The Ben Ferguson Podcast

0:01
Speaker 1: For forty five minutes. The world wasn't sure what Joe
0:05
Speaker 1: Biden was going to say, and many thought he might
0:08
Speaker 1: even step down as being the president or announced he
0:10
Speaker 1: wasn't going to run for reelection. Why because the Special
0:14
Speaker 1: Council stated in the investigation of the classified documents at
0:18
Speaker 1: his home next to his corvette at the library that
0:22
Speaker 1: Biden quote wilfully disclosed classified materials, but the problem is
0:29
Speaker 1: his cognitive decline is so great that he could not
0:34
Speaker 1: stand trial. Another way of putting it, not only did
0:38
Speaker 1: Biden Wilford retain classified documents, but basically they said he's
0:42
Speaker 1: too old to mentally feeble to prosecute. And they said
0:47
Speaker 1: that he couldn't even remember when he was the vice president.
0:52
Speaker 1: He did not remember even within several years when his
0:56
Speaker 1: son bo died. This all coming from the report. In
1:02
Speaker 1: the interview with a Special counsel, Biden also, multiple times
1:06
Speaker 1: over multiple days, could not remember the years in which
1:09
Speaker 1: he was the vice president of the United States of America.
1:13
Speaker 1: I'm going to read directly from the report. In his
1:17
Speaker 1: interview with our office, mister Biden's memory was worse. He
1:20
Speaker 1: did not remember when he was the vice president. Forgetting
1:24
Speaker 1: on the first day of the interview when his term ended,
1:28
Speaker 1: it was twenty thirteen. When did I stop being vice president?
1:33
Speaker 1: Question mark? He asked, and forgetting on the second day
1:37
Speaker 1: of the interview when his term began in two thousand
1:41
Speaker 1: and nine. Two thousand and nine, the President said, am
1:44
Speaker 1: I still the vice president? He did not remember even
1:48
Speaker 1: within several years when his son bo died, and his
1:51
Speaker 1: memory appeared hazy. When describing the Afghanistan debate that was
1:56
Speaker 1: once so important to him, among other things, a Special
1:59
Speaker 1: Council rights, he mistakenly said he had a real difference
2:04
Speaker 1: of opinion with a general, when in fact that General
2:09
Speaker 1: Carl Aikenberry was an ally whom mister Biden cited approvingly
2:15
Speaker 1: in his Thanksgiving memo to President Obama. The Special Counsel
2:21
Speaker 1: report says that Joe Biden could not remember any of
2:25
Speaker 1: this now. Biden's lawyers also were involved in a massive
2:29
Speaker 1: cover up. His lawyer writing to the Special Counsel her
2:34
Speaker 1: asking that he revised descriptions of the President's memory. Yes,
2:40
Speaker 1: that is begging for them to take out the facts,
2:44
Speaker 1: he said, noting given voter concerns about his mental capacity,
2:49
Speaker 1: so the requests that they quote revise your descriptions of
2:53
Speaker 1: President Biden. This is from the letter that you revised
2:57
Speaker 1: your descriptions of President Biden's memory and review advise them
3:01
Speaker 1: so that they are stated in a manner that is
3:03
Speaker 1: within the bounds of your expertise and remit that is
3:08
Speaker 1: the cover up. Now, I set down at one o'clock
3:12
Speaker 1: in the morning with Center Ted Cruz. As many of
3:15
Speaker 1: you know, I do a podcast with Center Ted Cruz,
3:17
Speaker 1: and we talked about all this and we broke it
3:20
Speaker 1: all down. It's so important that you hear what he
3:23
Speaker 1: had to say in our conversation that I'm going to
3:26
Speaker 1: play it for you in its entirety right now. This
3:29
Speaker 1: is my conversation about all this news and what it
3:32
Speaker 1: means moving forward with Senator Ted Cruz.
3:36
Speaker 2: Well, today the US Department of Justice released a formal
3:43
Speaker 2: report laying out the evidence that the sitting president of
3:47
Speaker 2: the United States is not competent to stand trial.
3:54
Speaker 3: That is extraordinary.
3:57
Speaker 2: Look, today was a big news day. Today Ay the
4:01
Speaker 2: Senate capitulated on securing the border and passed or moved
4:07
Speaker 2: forward with a Ukraine funding bill. Today, the US Supreme
4:12
Speaker 2: Court heard oral arguments in the Colorado case about whether
4:16
Speaker 2: Donald Trump should be thrown off the ballot. And what
4:19
Speaker 2: does it say that both of those have been relegated
4:23
Speaker 2: to the B and C story in every news broadcast
4:26
Speaker 2: in America. Well, that's because what broke later today was
4:32
Speaker 2: so damn big. Listen, You and I and kind of
4:37
Speaker 2: anyone with eyes and common sense have been observing for
4:41
Speaker 2: a long time that Joe Biden's cognitive decline is massive.
4:45
Speaker 2: But it's easy for some observers to dismiss that and say,
4:50
Speaker 2: you know, these guys are biased, they're partisans, they don't
4:53
Speaker 2: like Biden, so what they're saying is not true. In
4:56
Speaker 2: this instance, the people speaking are the Biden Department of
5:04
Speaker 2: Justice and not any department of justice. This is a
5:06
Speaker 2: Department of Justice that has proven itself the most politicized
5:10
Speaker 2: and partisan department of justice in history. And they have
5:15
Speaker 2: argued so, for example, I'm going to read you a
5:17
Speaker 2: paragraph from the report. In his interview with our office,
5:21
Speaker 2: mister Biden's memory was worse. He did not remember when
5:27
Speaker 2: he was vice president, forgetting on the first day of
5:30
Speaker 2: the interview when his term ended. Quote if it was
5:35
Speaker 2: twenty thirteen, when did I stop being vice president? And
5:38
Speaker 2: forgetting on the second day of the interview when his
5:42
Speaker 2: term began, quote in two thousand and nine, am I
5:46
Speaker 2: still vice president? He did not remember even within several
5:52
Speaker 2: years when his son bo died, and his memory appeared
5:57
Speaker 2: hazy when describing the Afghanistan debate that was once so
6:02
Speaker 2: important to him, among other things, he mistakenly said he
6:08
Speaker 2: quote had a real difference of opinion with General Carl Aitkinberry,
6:15
Speaker 2: when in fact Aitkinberry was an ally whom mister Biden
6:19
Speaker 2: cited approvingly in his thanksgiving memo to President Obama. All
6:25
Speaker 2: of that was authored by the Biden Department of Justice.
6:29
Speaker 2: And when they are describing the sitting president as a
6:33
Speaker 2: well meaning, elderly man with a poor memory, the natural
6:38
Speaker 2: question for anyone to say is, holy crap. If he's
6:41
Speaker 2: not competent to stand trial, why is he the commander
6:45
Speaker 2: in chief with the authority to send our sons and
6:48
Speaker 2: daughters into harm's way? Why does he have access to
6:52
Speaker 2: the nuclear codes? Understand the description here? They say, you
6:56
Speaker 2: couldn't charge him with a crime because he's he's not
6:58
Speaker 2: aware of enough to to have the requisite mental intent.
7:02
Speaker 2: And yet Joe Biden tonight, if he so desired, could
7:06
Speaker 2: literally exterminate humanity from the face of the planet. As
7:10
Speaker 2: commander in chief, if he gave the order launch the
7:14
Speaker 2: nuclear weapons now, unless the military refused to obey the
7:21
Speaker 2: commander in chief, Joe Biden could exterminate every life on
7:24
Speaker 2: this planet. And if he's not mentally competent to stand trial,
7:29
Speaker 2: that is.
7:29
Speaker 3: Terrifying the other party.
7:32
Speaker 1: And I mentioned this to the beginning, and I want
7:33
Speaker 1: to play this for you on Fox. Kaylee mckin any
7:36
Speaker 1: former White House Press secretary came out and talked about
7:39
Speaker 1: the shock in Washington, talked about the shock of the
7:42
Speaker 1: President trying to respond in an angry way to this
7:47
Speaker 1: report that had come out holding this impromptu press conference.
7:51
Speaker 3: Listen to this.
7:53
Speaker 4: Saw an unmitigated disaster play out before very eyes. We
7:57
Speaker 4: just watched a wounded political animal hobble to a podium
8:02
Speaker 4: and react with defensiveness, with anger. And you know it's bad, Jesse.
8:08
Speaker 4: When you have the White House Press Corps, they are
8:11
Speaker 4: essentially an extension of the Joe Biden press and communications team.
8:16
Speaker 4: When they are shouting at him asking repeatedly, are you
8:20
Speaker 4: going to step aside, mister president? The CNN correspondent asking
8:24
Speaker 4: that when NBC NBC, of all places, writes a headline
8:29
Speaker 4: a nightmare special Council report triggers panic among Democrats. And
8:35
Speaker 4: when you have a president who, for forty five minutes,
8:38
Speaker 4: announces a press conference with no topic, giving the world
8:43
Speaker 4: forty five minutes to speculate, is he stepping aside? What
8:47
Speaker 4: would life be like under a president Kamala Harris for
8:50
Speaker 4: forty five minutes, The nation got to feel that panic,
8:53
Speaker 4: and I don't think they will forget it come November.
8:56
Speaker 3: We were, by the way, Senator, this was real.
9:01
Speaker 1: I was in Fox News in New York City doing
9:04
Speaker 1: a hit when all this broke and my phone exploded.
9:08
Speaker 1: Everyone in the building's phone was exploding, with people asking
9:12
Speaker 1: the question, Oh, my gosh, is Joe Biden about to
9:16
Speaker 1: say he's stepping down or at the bare minimum, say
9:19
Speaker 1: I am no longer running for president of United States America.
9:22
Speaker 1: That was real, and the entire world was thinking this,
9:25
Speaker 1: including our adversaries.
9:27
Speaker 2: Yeah, our adversaries, our allies, the Democrat Party. Look, we
9:32
Speaker 2: have talked about at length how Democrats and their supplicant
9:39
Speaker 2: cheerleaders in the media were getting cold feet on Joe Biden,
9:44
Speaker 2: and I had previously said on this podcast that I
9:47
Speaker 2: thought the odds were about fifty to fifty that Democrats
9:51
Speaker 2: at the convention this coming summer would pull the cord
9:55
Speaker 2: on Joe Biden, yank him out and replace him with
9:58
Speaker 2: Michelle Obama. I have to say, after today, I'm going
10:01
Speaker 2: to adjust those odds from fifty to fifty to about
10:05
Speaker 2: sixty five thirty five. I think they have increased substantially.
10:09
Speaker 2: I think it is now significantly more likely than not
10:13
Speaker 2: that Democrats will not have Joe Biden on the ballot.
10:18
Speaker 2: And listen, the problem is, if you're a Democrat hack
10:25
Speaker 2: and you're spinning, how do you spin this away? They're
10:29
Speaker 2: used to saying, oh, those are just partisans. Those are
10:33
Speaker 2: their favorite phrase, maga republicans. Well, the one thing we
10:36
Speaker 2: know is the Biden Department of Justice. They are not
10:40
Speaker 2: maga Republicans. And this is his own Department of Justice
10:44
Speaker 2: saying he has severely diminished metal faculties. And then I
10:48
Speaker 2: got to tell you, Ben, he made it worse. He
10:51
Speaker 2: made it worse by a For forty five minutes, nobody
10:55
Speaker 2: knew what the press conference was going to be, and
10:57
Speaker 2: everyone was like, oh my god, we're going to have
10:58
Speaker 2: a president Kamala Harris, Like that was really frightening. But
11:02
Speaker 2: then when he got up there, he did not perform well.
11:07
Speaker 2: And I think that only increased the concerns, and and
11:10
Speaker 2: and and so we ought to listen to listen to
11:15
Speaker 2: a portion of his press conference that that that occurred
11:19
Speaker 2: on Thursday night.
11:21
Speaker 1: And let's point this out too, the media listen to
11:25
Speaker 1: them in the background. Joe Biden is present, has never
11:29
Speaker 1: had to deal with the media that was this in
11:32
Speaker 1: his face. I would even argue this hostile to him.
11:36
Speaker 1: They've always given him softball pitches. Something changed in the
11:40
Speaker 1: media tonight and you could hear it and watch it
11:42
Speaker 1: in real time. Now, listen to the media completely turn
11:48
Speaker 1: like piranhas on Joe Biden.
11:50
Speaker 3: It's incredible here it is.
11:52
Speaker 5: Thank you, and I'll take some questions, President Biden.
11:56
Speaker 6: Something Special Council said in his report is that one
11:59
Speaker 6: of the reasons and you were not charged is because,
12:02
Speaker 6: in his description, you are a well meaning elderly man
12:06
Speaker 6: with a poor memory.
12:08
Speaker 5: I'm well meeting and I'm an elderly man, and I
12:11
Speaker 5: know what the hell I'm doing. I'm in president and
12:13
Speaker 5: I put this country back on his feet. I don't
12:15
Speaker 5: need his recommendation. It's totally your memory.
12:19
Speaker 6: And can you continue as president.
12:21
Speaker 5: My memory is so bad, I let you speak. That's
12:26
Speaker 5: that's that's what your memory has gotten worse. Oh look,
12:29
Speaker 5: my memory is not gon. My memory is fine. My memory.
12:32
Speaker 5: Take a look at what I've done since I become president.
12:35
Speaker 5: No't even thought I could pass any of the things
12:36
Speaker 5: I got passed. How'd that happen? You know? I guess
12:40
Speaker 5: I just forgot.
12:40
Speaker 7: What was going on at your age?
12:45
Speaker 8: How are you going to persuade?
12:46
Speaker 7: I mean, do you hear that this report is only
12:48
Speaker 7: going to fuel further.
12:50
Speaker 5: Concerned only by some.
12:51
Speaker 7: Of you criminal liability today? Do you take responsibility for
12:59
Speaker 7: you seeing Carolin classified material?
13:02
Speaker 5: I take responsibility for not having seen exactly what my
13:07
Speaker 5: staff was doing. Goes in in twenty seven, things that
13:11
Speaker 5: appeared in my garage, things that came out of my home,
13:13
Speaker 5: things that were moved not by me but my staff,
13:17
Speaker 5: but my staff.
13:26
Speaker 7: Mister President, for months, when you were asked about your age,
13:29
Speaker 7: you would respond with the words, watch me. Any American
13:32
Speaker 7: people have been watching, and they have expressed concerns about
13:36
Speaker 7: your age.
13:36
Speaker 5: That is your judgment. That is your judgment, that is
13:40
Speaker 5: not the judgment or the press.
13:42
Speaker 7: They expressed concerns about your mental acuity.
13:44
Speaker 3: They say that you are too old.
13:46
Speaker 8: Mister president.
13:46
Speaker 7: In December, you told me that you believe there are
13:49
Speaker 7: many other Democrats who could defeat Donald Trump. So why
13:52
Speaker 7: does it have to be you?
13:53
Speaker 5: Now, what is your answer? A qualified person in this
13:56
Speaker 5: country be president of the United States and finished the
13:58
Speaker 5: job I started. I did not share classified information. I
14:10
Speaker 5: did not share it with my ghostriend. I did not
14:13
Speaker 5: guarantee you did not. Well, no, he did not say that.
14:18
Speaker 5: He did not say that. Let me answer your question.
14:23
Speaker 5: The fact of the matter is what I didn't want repeated.
14:26
Speaker 5: I didn't want him to not I didn't read it
14:27
Speaker 5: to him. Was I had written a long memorandum to
14:30
Speaker 5: President Obama why we should not be in Afghanistan, and
14:36
Speaker 5: I was multiple pages, and so what I was referring
14:40
Speaker 5: to I said classified. I should have said it was
14:43
Speaker 5: should be private because it was a contact between the
14:45
Speaker 5: president and the vice president as to what was going on.
14:49
Speaker 5: That's what he is referring to. It was not classified
14:51
Speaker 5: information in that document. That was not classic.
15:05
Speaker 8: When you look back at this incident, is there anything
15:09
Speaker 8: you would do differently now? And do you think that
15:12
Speaker 8: a special prosecutor should have been appointed in the first
15:14
Speaker 8: place in both of these cases.
15:18
Speaker 5: First of all, what I would have done is oversee
15:22
Speaker 5: the transfer of the material that was in my office
15:26
Speaker 5: in my offices, I should have done that if I
15:30
Speaker 5: lh go back. I didn't have the responsibility to that.
15:32
Speaker 5: That was my staff was supposed to do that, and
15:34
Speaker 5: they referenced that in the report, and my staff did
15:38
Speaker 5: not do it in the way that. For example, I
15:41
Speaker 5: didn't know how half the boxes got in my garage
15:44
Speaker 5: until I found out staff gathered them up, put them
15:47
Speaker 5: together and took them to the garage in my home,
15:50
Speaker 5: and all the stuff that was in my home was
15:52
Speaker 5: in filing cabinets that were either locked or able to
15:54
Speaker 5: be locked. It was in my house. It wasn't out
15:57
Speaker 5: in like in mar A Lago in a public place
16:00
Speaker 5: where and none of it was high classified, didn't have
16:03
Speaker 5: any that red stuff on it, you know what I mean,
16:05
Speaker 5: around the corners, none of that. And so I wish
16:09
Speaker 5: I had paid more attention to how the documents were
16:12
Speaker 5: being moved and where I thought they were being moved
16:14
Speaker 5: to the archives. I thought all it was being moved,
16:17
Speaker 5: That's what I thought. Now, what was the last part
16:19
Speaker 5: of your question.
16:20
Speaker 8: Whether a special council should have been appointed in this
16:22
Speaker 8: case and in the case of your rival, President.
16:25
Speaker 5: I think a special council should have been appointed. And
16:28
Speaker 5: the reason I think a special council should have been
16:30
Speaker 5: appointed is because I did not want to be in
16:33
Speaker 5: a position that they looked at Trump and weren't going
16:35
Speaker 5: to look at me, just like they looked at the
16:37
Speaker 5: Vice president. And the fact is they made a firm
16:40
Speaker 5: conclusion I did not break the law. Period. Thank you all,
16:45
Speaker 5: very rand much.
16:48
Speaker 3: Senator.
16:49
Speaker 1: You hear the president there, and he lied, by the way,
16:52
Speaker 1: he lied. He lied on tape, by the way, after
16:55
Speaker 1: he was out of the vice presidency, he's saying to
16:58
Speaker 1: his autobiographer, quote, the classified documents are in the basement.
17:03
Speaker 3: He knew this.
17:05
Speaker 1: And then he's acting like he's telling the truth. And
17:07
Speaker 1: there's those documents in his garage next to his corvette.
17:10
Speaker 3: That he completely didn't even talk about there.
17:13
Speaker 2: Yeah, look, look, there is so much in that press
17:15
Speaker 2: conference that is revealing. Number One, you're right, the press
17:18
Speaker 2: has turned on him. In his entire presidency. Joe Biden
17:21
Speaker 2: has never had a press conference remotely like that. They
17:25
Speaker 2: are suddenly asking the questions that millions of Americans have
17:28
Speaker 2: been asking since the day Biden became president and before that,
17:31
Speaker 2: and to see the press turn on him is a
17:34
Speaker 2: big deal, I promise you. After this press conference, the
17:37
Speaker 2: White House team was horrified. They were terrified. They were going,
17:42
Speaker 2: oh crap, this has gone really, really badly, and these
17:46
Speaker 2: questions are not going away. And you know, he stated
17:50
Speaker 2: there that the Special Council concluded he did not violate
17:52
Speaker 2: the law. That is not remotely what the Biden Justice
17:56
Speaker 2: Department concluded. Let me read to the beginning of the report,
17:59
Speaker 2: exactecutive summary. It begins with, quote, we conclude that no
18:04
Speaker 2: criminal charges are warranted in this matter. We would reach
18:07
Speaker 2: the same conclusion even if Department of Justice policy did
18:09
Speaker 2: not foreclose criminal charges against a sitting president. Our investigation
18:15
Speaker 2: uncovered evidence that President Biden wilfully retained and disclosed classified
18:20
Speaker 2: materials after his vice presidency when he was a private citizen.
18:24
Speaker 2: A note he said in that interview, I did not
18:26
Speaker 2: disclose them.
18:27
Speaker 3: Well.
18:28
Speaker 2: In the second paragraph of the report, it says, our
18:33
Speaker 2: investigation uncovered evidence that President Biden wilfully retained and disclosed
18:39
Speaker 2: classified materials after his vice presidency when he was a
18:43
Speaker 2: private citizens. These materials included and I'm still reading from
18:47
Speaker 2: the report, These materials included one marked classified documents about
18:52
Speaker 2: military and foreign policy in Afghanistan and two notebooks containing
18:57
Speaker 2: mister Biden's handwritten entries about issues of national security and
19:01
Speaker 2: foreign policy, implicating sensitive intelligence sources and methods. By the way,
19:07
Speaker 2: sources and methods, What that means is this was sensitive
19:11
Speaker 2: enough that disclosing this could endanger the lives of covert operatives.
19:16
Speaker 2: That when you're disclosing sources and methods, it means you
19:19
Speaker 2: can reveal the identity of a spy, or it means
19:23
Speaker 2: you can reveal that, say, we have somebody's phone tap
19:26
Speaker 2: or with the ability to engage in surveillance. And so
19:29
Speaker 2: if you're revealing sources and methods, that's a big damn deal.
19:33
Speaker 2: Let me finish reading. FBI agents recover these materials from
19:37
Speaker 2: the garage, offices and basement den in mister Biden's Wilmington,
19:42
Speaker 2: Delaware home. However, for the reason summarized below, we conclude
19:47
Speaker 2: that the evidence does not establish mister Biden's guilt beyond
19:50
Speaker 2: a reasonable doubt. Prosecution of mister Biden is also unwarded
19:55
Speaker 2: based on our consideration of the aggravating and mitigating factors
19:59
Speaker 2: set forth in the Department of Justice's Principles of Federal Prosecution.
20:02
Speaker 2: For these reasons, we decline prosecution of mister Biden. Now,
20:06
Speaker 2: what are the reasons they say don't prosecute him. That
20:09
Speaker 2: one of the key reasons they rely on front and
20:12
Speaker 2: center is they say he's too damn old and can't
20:15
Speaker 2: remember anything, and so therefore you could not prosecute him.
20:19
Speaker 2: But I'm going to read from just a couple of
20:21
Speaker 2: pages later. This is again from the report. Mister Biden
20:26
Speaker 2: wrote his twenty seven and twenty seventeen memoirs with the
20:29
Speaker 2: help of a ghostwriter. In a recorded conversation with his
20:32
Speaker 2: ghostwriter in February twenty seventeen, about a month after he
20:36
Speaker 2: left office, mister Biden said, while referencing his two thousand
20:40
Speaker 2: and nine Thanksgiving memo, that he had quote just found
20:46
Speaker 2: all the classified stuff downstairs. So he expressed an awareness
20:55
Speaker 2: that it was classified materials. And by the way, they
20:59
Speaker 2: have this because they have the tape. So he's literally
21:01
Speaker 2: on tape admitting it, and it continues in the next paragraph.
21:08
Speaker 2: Evidence supports the inference that winister Biden said in twenty
21:11
Speaker 2: seventeen that he had quote just found all the classified
21:13
Speaker 2: stuff downstairs in Virginia. He was referring to the same
21:17
Speaker 2: marked classified documents about Afghanistan that FBI agents found in
21:23
Speaker 2: twenty twenty two in his Delaware garage. Now, notice they
21:25
Speaker 2: say marked classified documents. He said, well, gosh, I didn't
21:29
Speaker 2: know it was classified. If it's marked, it has its
21:31
Speaker 2: stamped right on it. And but they go on to say, no, nonetheless,
21:38
Speaker 2: we do not believe this evidence is sufficient, as jurors
21:41
Speaker 2: would likely found reasonable doubt for one of several reasons.
21:45
Speaker 2: And they go on to say several defenses are likely
21:49
Speaker 2: to create reasonable doubt. For example, mister Biden could have
21:53
Speaker 2: found the classified Afghanistan documents at his Virginia home in
21:55
Speaker 2: twenty seventeen and then forgotten about them soon after. So
21:59
Speaker 2: he's just old and senile that he's like, oh, classified documents?
22:02
Speaker 3: What what?
22:03
Speaker 2: I'm sorry? What was I talking about? I mean, that's
22:05
Speaker 2: reason number one. While they don't prosecute him, they go
22:10
Speaker 2: on to say another viable defense, another violable defense, is
22:16
Speaker 2: that mister Biden might not have retained the classified Afghanistan
22:19
Speaker 2: documents in his Virginia home at all. They might have
22:22
Speaker 2: been stored by mistaken without his knowledge. But then they say,
22:26
Speaker 2: given mister Biden's limited precision and recalled during his interviews
22:31
Speaker 2: with his ghostwriter and with our office, so notice the
22:34
Speaker 2: ghostwriters back in twenty seventeen and with our offices this
22:38
Speaker 2: past year. Jurors may hesitate to place too much evidentiary
22:43
Speaker 2: weight on a single eight word utterance to his ghostwriter
22:47
Speaker 2: about finding classified documents in Virginia in the absence of
22:51
Speaker 2: other more direct evidence. And they go on to say,
22:58
Speaker 2: we have also considered that at trial, mister Biden would
23:03
Speaker 2: likely present himself to a jury as he did during
23:07
Speaker 2: our interview of him, as a sympathetic, well meaning elderly
23:14
Speaker 2: man with a poor memory. Based on our direct interactions
23:18
Speaker 2: with and observations of him, he is someone for whom
23:23
Speaker 2: many jurors will want to identify reasonable doubt it would
23:28
Speaker 2: be difficult to convince a jury that they could convict him,
23:32
Speaker 2: by then, a former president well into his eighties, of
23:36
Speaker 2: a serious felony that requires a mental state of wilfulness.
23:41
Speaker 2: Now stop and think this is the Department of Justice
23:44
Speaker 2: saying you couldn't convince a jury he is capable of
23:49
Speaker 2: a mental state of wilfulness. That's a big damn deal, all.
23:55
Speaker 1: Right, I have like fifteen different questions and I want
23:57
Speaker 1: to go semi rapid fire with you, Sinader. So when
24:00
Speaker 1: this first came out and I read what you just
24:02
Speaker 1: read to the audience, the first thing I thought was, Yes,
24:06
Speaker 1: this is damning of the president United States of America.
24:09
Speaker 1: But this also lays a massive pretense down that Joe
24:15
Speaker 1: Biden cannot be held accountable for any of his crimes.
24:19
Speaker 1: He's committed any of the money that's come in from China, Russia, Ukraine,
24:24
Speaker 1: any of the money laundering with a Biden crime family
24:27
Speaker 1: and all these lcs, and it couldn't be held accountable
24:30
Speaker 1: for any of the suspicious activity reports because they just
24:34
Speaker 1: gave the precedent that they couldn't hold him account for this. So,
24:37
Speaker 1: in a weird way, is this the Justice Department basically saying, look,
24:41
Speaker 1: we know what's coming down the shoot, we know how
24:45
Speaker 1: bad it is, we know what's going to happen with impeachment,
24:48
Speaker 1: we know what's happening with the Republican investigations. So we're
24:52
Speaker 1: gonna give him an out right now to spare him.
24:56
Speaker 3: Is that a real possibility.
24:58
Speaker 2: Listen, this is a base if someone's not competent to
25:01
Speaker 2: stand trial this is a basis that can keep him
25:05
Speaker 2: prevent him from liability for any criminal offense. That is
25:09
Speaker 2: absolutely a basis that's not limited to classified documents. And
25:15
Speaker 2: to be fair, they didn't find he is. The standard
25:19
Speaker 2: of being incompetent to stand trial is an exceptionally high standard.
25:23
Speaker 2: What they said is he's so old and senile that
25:27
Speaker 2: you couldn't convince adjuror that he was capable of acting willfully,
25:31
Speaker 2: that you couldn't prove that he had the mensraa the
25:35
Speaker 2: intent to commit a crime. Well, if that's true, that's
25:39
Speaker 2: as true about documents as it is about anything else.
25:42
Speaker 2: But if that is true, he shouldn't be in the
25:45
Speaker 2: Oval office with his finger on the button number two.
25:48
Speaker 3: This concerned me even more.
25:50
Speaker 1: Biden's lawyers apparently wrote to the special prosecutor her asking
25:55
Speaker 1: that he revised descriptions of the presence memory notable given
26:00
Speaker 1: voter concerns about his mental capacity. Now, when I read that,
26:06
Speaker 1: I thought, Okay, this is a full blown cover up
26:09
Speaker 1: on a level that we've never seen from the White House,
26:12
Speaker 1: including Watergate, by a president's staff, by the president's lawyers
26:19
Speaker 1: saying to the Special Council, you got to take out
26:21
Speaker 1: all the bad stuff here because he's running for re election.
26:24
Speaker 1: How the hell is that not a massive story of
26:26
Speaker 1: cover up on its own.
26:28
Speaker 2: Yeah, look, this is damage control, and it's bad damage control,
26:31
Speaker 2: and it's out in the open and they got caught,
26:34
Speaker 2: and it shows these guys are terrified. They understand that
26:39
Speaker 2: if Joe Biden is the Democrat nominee in November, there're
26:44
Speaker 2: going to be two things that you're going to see
26:46
Speaker 2: on TV ads all over America. Number One, and we
26:48
Speaker 2: talked about this on a podcast last week, the image
26:52
Speaker 2: of illegal aliens walking out of jail in New York
26:55
Speaker 2: City after having beaten up two New York Police officers,
26:59
Speaker 2: being released with no bail, and then flipping the bird
27:02
Speaker 2: with both hands at the American people. That image, if
27:06
Speaker 2: Republicans are even marginally competent, will be played to the
27:09
Speaker 2: American people millions of times. And secondly, the quote that
27:14
Speaker 2: he is a sympathetic elderly man with an exceptionally poor memory,
27:19
Speaker 2: that from the Biden Department of Justice, that will be
27:23
Speaker 2: quoted over and over again, that he could not remember
27:26
Speaker 2: when he was vice president. That is an enormous problem,
27:30
Speaker 2: and so his lawyers are desperately trying to engage in
27:33
Speaker 2: damage control, saying, please don't say to the American people
27:38
Speaker 2: what is obvious for anyone who's watching to see.
27:41
Speaker 1: Let's talk about the politics now of this, because you
27:44
Speaker 1: and I witnessed it for the first time in history.
27:46
Speaker 1: We've played it for everybody listening. The White House Press
27:50
Speaker 1: Corps turning on him, this is something he's never experienced.
27:55
Speaker 1: In fact, I want to play for you just an
27:57
Speaker 1: example of how quick CNN turned on him. You would
28:00
Speaker 1: have thought they were talking about Donald Trump, except they
28:02
Speaker 1: were talking about Joe Biden.
28:04
Speaker 3: Take a listen to this from CNN.
28:06
Speaker 9: Ultimately, what Robert Hurst says in this report is essentially
28:10
Speaker 9: the technical elements of a crime. It appears Robert Hurst saying,
28:14
Speaker 9: we're met. But what he ends up doing is looking
28:17
Speaker 9: at the soft factors. And you're allowed to do that.
28:19
Speaker 9: You have to do that as a prosecutor. And he
28:21
Speaker 9: takes into consideration things like what he says, and maybe
28:25
Speaker 9: this is overstated, maybe not only that to the political folks,
28:27
Speaker 9: but he says, essentially, Joe Biden would have created a
28:29
Speaker 9: sympathetic picture in front of a jury. He had memory issues,
28:32
Speaker 9: he had age issues, and that goes into did he
28:35
Speaker 9: was he able to form the mental intent here.
28:39
Speaker 1: That's CNN, and they weren't done there. They also then
28:42
Speaker 1: went on to say that Joe Biden was an essence
28:45
Speaker 1: a liar at his press conference.
28:47
Speaker 3: Here's this.
28:49
Speaker 9: That is what blew my mind about Joe Biden's statement sep.
28:54
Speaker 9: Two major things he just outright contradicts or is contradicted by. However,
28:59
Speaker 9: you look at this this report, there are two things
29:01
Speaker 9: he said that are completely the opposite of what Robert
29:04
Speaker 9: Hurr found. And who do you believe is up to?
29:07
Speaker 9: I guess the individual consumer. First, Joe Biden says, I
29:10
Speaker 9: did not act wilfully. Wilfully just means voluntarily intentionally. Well,
29:14
Speaker 9: the second sentence of this whole summary says President Biden
29:17
Speaker 9: willfully retained and disclosed classified materials. The facts in here
29:20
Speaker 9: show it was wilful. He knew, he talked about it.
29:23
Speaker 9: And the second thing he says is I did not
29:24
Speaker 9: disclose classified documents to my ghostwriter.
29:28
Speaker 3: Page three says that he did that.
29:30
Speaker 9: He says, mister Biden shared information, including some classified information
29:33
Speaker 9: from those notebooks.
29:35
Speaker 1: Senator I watched that on CNN and I said, holy crap,
29:41
Speaker 1: they're turning on him. And this is the end of
29:44
Speaker 1: Joe Biden's presidency as we know it. They're trying to
29:48
Speaker 1: offload him in real time because of this report, saying
29:51
Speaker 1: here it is, let's take him out.
29:54
Speaker 3: Yeah.
29:54
Speaker 2: Look, this is a massive problem. And it's not a
29:57
Speaker 2: problem that goes away in a day or two, or
29:59
Speaker 2: a week or a month. This is a problem that
30:01
Speaker 2: continues every day Joe Biden remains in the presidency. I'll
30:05
Speaker 2: also point out something else, which is this report implicitly
30:13
Speaker 2: exonerates Donald Trump, which is an enormous problem for Biden
30:17
Speaker 2: as well, because look, one of their big marque cases
30:21
Speaker 2: against Trump. Now they're prosecuting him for damn near everything,
30:23
Speaker 2: including late library books. But one of their marquee cases
30:27
Speaker 2: is that Trump possessed classified documents in mar Lago. And
30:32
Speaker 2: let me read again from the report, this is what
30:34
Speaker 2: they say about Biden. Quote. Contemporary evidence suggests that when
30:38
Speaker 2: mister Biden left office in twenty seventeen, he believed he
30:41
Speaker 2: was allowed to keep the notebooks in his home. In
30:44
Speaker 2: a recorded conversation with his ghostwriter in April twenty seventeen,
30:47
Speaker 2: mister Biden explained that, despite his staff views to the contrary,
30:51
Speaker 2: he did not think he was required to turn in
30:53
Speaker 2: his note cards to the National Archives, where they were
30:56
Speaker 2: stored at a skiff, and he had not wanted to
30:58
Speaker 2: do so. Ryle, he would argue plausibly that he thought
31:03
Speaker 2: the same thing about his notebooks. If this is what
31:06
Speaker 2: mister Biden thought, we believe he was mistaken about what
31:09
Speaker 2: the law permits. But this view finds some support in
31:14
Speaker 2: historical practice. The clearest example is President Reagan, who left
31:18
Speaker 2: the White House in nineteen eighty nine with eight years
31:21
Speaker 2: worth of handwritten diaries, which he appears to have kept
31:24
Speaker 2: in his California home, even though they contained top secret information.
31:29
Speaker 2: During criminal litigation involving a former Reagan administration official in
31:32
Speaker 2: nineteen eighty nine and ninety, the Department of Justice stated
31:36
Speaker 2: in public court filings that the quote currently classified diaries
31:41
Speaker 2: were mister Reagan's quote, personal records. Yet we know of
31:46
Speaker 2: no steps that Apartment or other agencies took to investigate
31:49
Speaker 2: mister Reagan for handing, mishandling classified information, or to retrieve
31:53
Speaker 2: or secure his diaries. Most jurors would likely find evidence
31:58
Speaker 2: of this precedent and mister Biden's claimed reliance on it,
32:03
Speaker 2: which we expect would be admitted at trial to be
32:07
Speaker 2: compelling evidence that mister Biden did not act wilfully as
32:12
Speaker 2: with the marked classified documents. Because the evidence is not
32:17
Speaker 2: sufficient to convict mister Biden for wilfully retaining the notebooks,
32:22
Speaker 2: we decline prosecution. Now that entire passage, you could write
32:27
Speaker 2: word for word and simply replace the word Biden with
32:32
Speaker 2: Trump and it would be a major defense for Trump.
32:37
Speaker 2: And this incoherence, the Department of Justice is going to
32:41
Speaker 2: have a nightmare because I promise you Trump's defense lawyers
32:45
Speaker 2: are going to quote that back at them and say,
32:48
Speaker 2: you know what, the Department of Justice was right, and
32:51
Speaker 2: if they were right about Biden. By the way, on
32:53
Speaker 2: this podcast, we walk through how the historical precedent was
32:58
Speaker 2: president after president president had kept documents, including President Reagan,
33:03
Speaker 2: including President Obama, including President Clinton. We walked through the history.
33:07
Speaker 2: That's what the Department of Justice just concluded as their
33:10
Speaker 2: reason not to prosecute Biden. And the obvious screaming question is, well,
33:16
Speaker 2: then why do you go after the opposing party other
33:19
Speaker 2: than because you are politically trying to stop the voters
33:24
Speaker 2: from voting for the other guy.
33:26
Speaker 1: You go back to politics of this for a second,
33:29
Speaker 1: and I can only imagine how stressed out White House
33:33
Speaker 1: staff is tonight. I'm sure you agree with me. It's
33:36
Speaker 1: one o'clock in the morning right now as you are,
33:38
Speaker 1: they're all awake. Nobody is a stall awake. Yeah, and
33:41
Speaker 1: they're probably at the White House still. They lost Democrats today,
33:46
Speaker 1: and they lost the media today, and now it's got
33:49
Speaker 1: to feel like you're either inside the inner circle of
33:52
Speaker 1: Team Biden to prop him up and protect him, and
33:56
Speaker 1: now the Democrats seem to be circling the wagon.
33:59
Speaker 3: In your.
34:01
Speaker 1: Is this the beginning of the end of the Biden presidency?
34:04
Speaker 1: Do you think he actually makes it to election day?
34:07
Speaker 1: Because he's gonna dig in That was clear from the
34:09
Speaker 1: press conference tonight. But it looks like and this could change.
34:13
Speaker 1: But as of one am right now, it looks like
34:15
Speaker 1: Democrats are saying it's official, we are not going to
34:19
Speaker 1: support Joe Biden in this president to run any longer.
34:22
Speaker 3: We got to figure out how to offload him.
34:24
Speaker 2: Look, I think the odds remain very low that he
34:27
Speaker 2: steps down before the end of his term. I think
34:31
Speaker 2: as long as he is able to stand vertically and
34:34
Speaker 2: not fall over, he is going to finish out this year.
34:39
Speaker 2: That being said, as I said at the beginning of
34:41
Speaker 2: this pod, I think the odds that the Democrats push
34:45
Speaker 2: him aside and replace it with Michelle Obama about sixty
34:48
Speaker 2: five to thirty five. Or put it in another way,
34:50
Speaker 2: it's about two to one. Now more likely than not
34:55
Speaker 2: that the Democrats decide this guy cannot be our nomine
35:00
Speaker 2: in November.
35:01
Speaker 1: One other question I do want to ask you, does
35:04
Speaker 1: this change the way that Republicans investigate Joe Biden? Knowing
35:10
Speaker 1: that the DOJ is now basically said, you can't charge
35:13
Speaker 1: this guy with anything, or we're not going to charge
35:15
Speaker 1: this guy with anything. If they wouldn't do it now,
35:17
Speaker 1: why would they change that logic moving forward? How does
35:20
Speaker 1: that change the way that James Comer and Jim Jordan
35:22
Speaker 1: are doing their investigations And should it change the way
35:25
Speaker 1: they're doing their investigations at all?
35:28
Speaker 2: It shouldn't, and I don't think it will. And as
35:31
Speaker 2: we've discussed at great length on this podcast, the evidence
35:34
Speaker 2: of Joe Biden's corruption of his deliberately selling favors from
35:39
Speaker 2: the Vice President of the United States to foreign oligarchs,
35:42
Speaker 2: to Russian oligarch's, Ukrainian oligarchs, Chinese communists for millions and
35:48
Speaker 2: millions of dollars. That evidence is very significant, and it
35:53
Speaker 2: is repeated evidence not only of doing so, but doing
35:56
Speaker 2: so willfully, doing so deliberately, and then agree restively covering
36:01
Speaker 2: it up and lying about it. And I think we
36:03
Speaker 2: will see the House continue to lay out that evidence
36:05
Speaker 2: and to lay it out at great length. And I
36:07
Speaker 2: would point out Number one, an immediate step for that
36:12
Speaker 2: potentially is impeaching Joe Biden. And the Department of Justice
36:15
Speaker 2: doesn't get a vote on whether or not to impeach
36:18
Speaker 2: Joe Biden. But number two, whether or not whether or
36:23
Speaker 2: not Biden gets prosecuted for bribery is ultimately not going
36:28
Speaker 2: to be a question decided by this Department of Justice.
36:31
Speaker 2: The chances that Merrick Garland brings charges are zero points
36:35
Speaker 2: zero zero percent. He is acting, and he has acted
36:39
Speaker 2: his entire tenure like a political operative who works for
36:43
Speaker 2: the DNC. So Merrick Garland's not going to do it.
36:46
Speaker 2: And indeed, there is considerable evidence underscored by two IRS
36:51
Speaker 2: whistleblowers who are career employees and Democrats, that Merrick Garland
36:55
Speaker 2: actively lied to Congress under oath, committed felonies and obstruction
37:00
Speaker 2: to justice. So with or without this report, This DOJ
37:04
Speaker 2: was never going to prosecute Joe Biden. That being said,
37:07
Speaker 2: if the House continues to lay out the evidence and
37:10
Speaker 2: we have an Apartment of Justice that is not controlled
37:13
Speaker 2: by Joe Biden, if there's a Trump Department of Justice,
37:16
Speaker 2: and there is real evidence a bribery and corruption of
37:21
Speaker 2: Joe Biden and Hunter Biden and the extended Biden family,
37:25
Speaker 2: I think the possibility of a prosecution is real and significant.
37:29
Speaker 1: One other question, and this is something that I think
37:32
Speaker 1: so many Americans want to know. When you see this
37:35
Speaker 1: report that just came out and you see the cognitive
37:38
Speaker 1: decline and what they're stating in this report there, you
37:41
Speaker 1: got to ask this question, who is running this country
37:44
Speaker 1: right now? Because if it is as bad as this
37:47
Speaker 1: special prosecutor is saying, it is behind closed doors, and
37:51
Speaker 1: we know how this media has propped him up and
37:53
Speaker 1: protected him, and we know how the White House is
37:55
Speaker 1: limited a schedule. He sleeps in the morning, he works
37:58
Speaker 1: usually between I think they said what knew and four.
38:01
Speaker 1: He's not doing big events. He's getting the name of
38:03
Speaker 1: leaders wrong now and when there who's alive and who's
38:06
Speaker 1: dead now on a regular basis, that's happened three times
38:09
Speaker 1: in the last three days.
38:11
Speaker 3: Who is running the country? Senator? And does that concern
38:14
Speaker 3: you as well?
38:16
Speaker 2: So I can tell you I get asked that question regularly.
38:19
Speaker 2: I got asked that question tonight. Every week someone asks
38:23
Speaker 2: me who's running the White House? Who's running the government.
38:26
Speaker 2: The honest answer, and this is really scary, I don't know.
38:30
Speaker 2: I genuinely don't know. I have a theory. I think
38:32
Speaker 2: it is Barack Obama, but I can't prove that. I
38:35
Speaker 2: don't know that to be a fact. It's just that
38:38
Speaker 2: that there are various data points, including the fact that
38:41
Speaker 2: Obama remained in DC, something no president in modern times
38:45
Speaker 2: is done. He's regularly in d C. He's regularly holding court,
38:48
Speaker 2: he's meeting with Democrats, he's meeting with members of the
38:51
Speaker 2: administration at his house. And so I think it is
38:54
Speaker 2: likely Obama, but I can't prove that. I just know
38:57
Speaker 2: it's not Joe Biden. So it is some combination of
38:59
Speaker 2: A Obama and other senior White House officials and people
39:04
Speaker 2: like Bernie Sanders and Elizabeth Warren and AOC. But the
39:07
Speaker 2: candid answer is I have no idea.
39:10
Speaker 1: Make sure you hit that subscribe, auto download or follow button,
39:14
Speaker 1: especially if you're on Apple. As the algorithms have changed,
39:17
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39:19
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39:22
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39:27
Speaker 1: it back here tomorrow