Once again, President Donald J. Trump is not getting treated the same as basement Joe Biden.
The Fourteenth Amendment’s Due Process Clause is supposed to guarantee procedural due process,
meaning that government actors must follow certain procedures before they may deprive a person of a protected life, liberty, or property interest.
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Courts have construed the Clause to protect substantive due process,
holding that there are certain fundamental rights that the government may not infringe on even if it provides procedural protections.
Today’s Podcast
Fourteenth Amendment, Section 1:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
In reality, the DOJ is moving forward with documents mishandling charges against the 45th President of the United States while giving Joe Biden a pass.
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Federal prosecutors who investigated President Joe Biden’s mishandling of classified documents announced they are declining to press charges despite discovering top-secret records in his Delaware home’s “garage, offices, and basement den.”
Special Counsel Robert Hur, on Thursday, unsealed his report to the Department of Justice (DOJ), concluding “that no criminal charges are warranted in this matter” despite records found related to foreign policy in Afghanistan and handwritten notes “implicating sensitive intelligence.”
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Prosecutors declined to press charges because “Biden would likely present himself to the jury, as he did during our interview with 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,” Hur’s team wrote in the nearly 400-page report. “It would be difficult to convince a jury that they should convict him by — by then a former president well into his eighties — of a serious felony that requires a mental state of willfulness.”
Prosecutors submitted photos of where the documents were discovered in Biden’s private residence.
BREAKING: These are some photos of the classified docs President Biden stored in the garage in Delaware, according to Special Counsel Robert Hur’s report. Some of these documents included classified information about Afghanistan, the report says. No criminal charges recommended. pic.twitter.com/IvMQbJglse
— Bill Melugin (@BillMelugin_) February 8, 2024
In confirmation that a two-tiered justice system is in place, Biden was not charged despite making false statements to federal prosecutors, who concluded that the president risked disclosing government secrets to uncredentialed people.
There is also evidence that Biden:
– Unlawfully retained classified notebooks post-Vice Presidency.
– Disclosed classified info in his notebooks to his ghostwriter. pic.twitter.com/N0bcZNUNnn
— Techno Fog (@Techno_Fog) February 8, 2024
The White House quickly went into damage control by sending President Joe Biden out to deliver a prepared speech in a prime-time press conference Thursday night.
Their decision backfired as the speech turned into a gaffe-filled peddling of verifiable lies debunked by the Special Counsel’s findings.
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Joe shared at least 4 lies throughout his 30-minute speech.
From the Federalist:
1. Biden Says He Did Not Share Classified Info with His Ghostwriter
Biden vehemently denied ever having shared classified material with his ghostwriter, Mark Zwonitzer, who worked with the president on two memoirs. The bombshell report from a special counsel investigation, however, said Biden’s “disclosure of classified information from his notebooks to his ghostwriter risked serious damage to America’s national security.”
Biden: "I did not share classified information with my ghostwriter. I did not. Guarantee you did not."
The Special Counsel report stated Biden's "disclosure of classified information from his notebooks to his ghostwriter, risked serious damage to America's national security." pic.twitter.com/zcYLFVHleP
— Greg Price (@greg_price11) February 9, 2024
2. Biden Says Classified Documents Were Secured Within His Home
The president sought to distinguish his own case from charges levied against former President Donald Trump, who faces a 40-count indictment over allegations of mishandling classified documents. Prosecutors said the documents at Mar-a-Lago were recklessly stored and were discovered in the “ballroom, a bathroom and shower, and office space, his bedroom, and a storage room.”
“All the stuff that was in my home was in filing cabinets that were either locked or able to be locked,” Biden told reporters Thursday.
Hur’s report, however, said investigators found classified documents in the “garage, offices, and basement den” of Biden’s Delaware home.
“And the place where the Afghanistan documents were eventually found in Mr. Biden’s Delaware garage — in a badly damaged box surrounded by household detritus — suggests the documents might have been forgotten,” Hur’s report noted.
3. Biden Insists His Memory ‘Is Fine’
Biden insisted to reporters his memory is fine” in the same press conference that he confused the “president of Mexico” with Egyptian President Abdel Fattah El-Sisi when responding to a question about the situation in Gaza.
In a speech focused on rebutting claims his memory is failing, Biden says he talked "the president of Mexico" into opening gates in Gaza for humanitarian supplies, referring to him as "El-Sisi." Abdel Fattah El-Sisi is the president of Egypt. pic.twitter.com/QPm9YPXoZk
— The Federalist (@FDRLST) February 9, 2024
4. Biden Says None Of The Records Found In His Possession Were ‘High Classified’
The president denied any of the material found at his Delaware residence were “high classified.” The special counsel report, however, made clear that documents were discovered with “classification markings up to the Top Secret/Sensitive Compartmented Information Level.”
Biden just angrily denied that he shared classified material with his ghostwriter (also claiming the Special Counsel “did not say” that he did) & asserted none of the materials he improperly retained were “high classified.”
This is page 3 of the Special Counsel’s report: pic.twitter.com/CEwaWNY51X
— Guy Benson (@guypbenson) February 9, 2024
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