A Dementia Patient Is President Because It Doesn’t Matter Who The President Is — Caity Johnstone — Feb 9, 2024
...
The special counsel assigned to investigate Joe Biden for mishandling classified documents reports that investigators“uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen,”
but concludes that
“no criminal charges are warranted in this matter.”
Report on the Investigation Into
Unauthorized Removal, Retention, and Disclosure of
Classified Documents Discovered at Locations
Including the Penn Eiden Center and the
Delaware Private Residence of
President Joseph R. Eiden, Jr.
https://www.justice.gov/storage/report-from-special-counsel-robert-k-hur-february-2024.pdf#page=9
In addition. Mr. Biden's memory was significantly limited, both during his
recorded interviews with the ghostwriter in 2017, and in his interview with our office in 2023. And his cooperation with our investigation, including by reporting to the government that the Afghanistan documents were in his Delaware garage, will likely convince some jurors that he made an innocent mistake, rather than acting willfully-that is, with intent to break the law-as the statute requires.
...
Given Mr. Biden's limited precision and recall during his interviews with his
ghostwriter and with our office, jurors may hesitate to place too much evidentiary weight on a single eight-word utterance ...
...
We have also considered that, at trial, Mr. Eiden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory. Based on our direct interactions with and observations of him, he is someone for whom many jurors will want to identify reasonable doubt. It would be difficult to convince a jury that they should convict him-by then a former president well into his eighties-of a serious felony that requires a mental state of willfulness.
