'Beyond devastating': Democrats are panicking over the special counsel's report exposing Biden's cognitive decline



Democrats are panicking about the political fallout from special counsel Robert Hur's report detailing his investigation into Biden's classified documents scandal.

The report explains that Hur ultimately chose not to prosecute Biden — despite the technical elements of criminality being met — because he did not think prosecutors could win the case. The chief reason for his doubt, Hur explained, is because he believes that "Biden 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."

That line is proving to be devastating to an 81-year-old commander in chief whose No. 1 political liability is his age.

Behind closed doors, Democrats are not ignorant to the political ramifications of Hur's report and its shocking revelations about Biden's memory, especially in a week where Biden claimed multiple times that he spoke with dead world leaders.

"This is beyond devastating," one Democratic operative told NBC News.

"It confirms every doubt and concern that voters have. If the only reason they didn't charge him is because he’s too old to be charged, then how can he be president of the United States?" that strategist added.

Another Democratic strategist told NBC News that Thursday was "the worst day of his presidency."

A House Democrat, who spoke anonymously, told NBC that "it's a nightmare" because Hur's report "weakens President Biden electorally."

"For Democrats, we're in a grim situation," that House Democrat admitted.

Democratic strategist Paul Begala, meanwhile, said publicly what other Democrats are saying behind closed doors.

"Look, I'm a Biden supporter, and I slept like a baby last night: I woke up every two hours crying and wet the bed," Begala said on CNN. "This is terrible for Democrats, and anybody with a functioning brain knows that."

Finally, Rep. Adam Smith (D-Wash.) rebuked Biden for how he conducted himself during Thursday's chaotic late-night press conference.

"I'm a senior Democratic politician. I've been doing this for a long time. That's not the way you want to do it. OK? I think we can all agree on that," Smith said. "He was angry. He was frustrated by what came out. There was not a prepared, clear agenda."

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Peter Doocy confronts Biden with the perfect question after alarming report about his memory — and he doesn't like it



Fox News correspondent Peter Doocy asked the question that everyone is thinking after special counsel Robert Hur released his damning report about President Joe Biden's classified documents scandal.

After Biden defended himself in a brief speech — that showed more signs of Biden's cognitive decline — Doocy confronted Biden with Hur's description that Biden is a "well-meaning elderly man with a poor memory." Those circumstances, Hur's report explained, are the chief reason why he declined to prosecute Biden despite clear evidence that Biden broke the law.

"I'm well-meaning and I'm an elderly man, and I know what the hell I'm doing," Biden reacted. "I've been president and I put this country back on its feet. I don't need his recommendation."

Doocy followed up with the million-dollar question.

"How bad is your memory? And can you continue as president?" he asked.

But instead of providing the American people with a legitimate answer, Biden chose to attack Doocy with sarcasm.

"My memory is so bad, I let you speak," the president quipped.

— (@)

Biden spent the remaining question-and-answer time attacking the press and Hur's report.

Not only did he mock questions about his memory, but Biden dismissed concerns that voters have about his mental and physical health, refused to take responsibility for improperly storing highly classified documents (he blamed his staff), asserted that he is the "most qualified" American to be president, denied sharing classified information with his ghostwriter, and claimed he did not break the law.

Hur's report, however, revealed that Biden did share classified information with his ghostwriter, and the report certainly did not absolve him of breaking the law.

"Our investigation uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen," the report states.

Biden's public reaction to the report, his inability to grapple with the facts, and his decision to lash out at the media have some Democrats wondering why the White House thought the press conference was a good idea because, if one thing is for certain, it did not help him.

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Top Senate Democrat issues threat to Biden for stonewalling Congress on his classified docs scandal



Sen. Mark Warner (D-Va.) blasted President Joe Biden on Sunday for stonewalling lawmakers about the extent of his classified documents scandal.

At the end of an interview on CBS News' "Face the Nation," moderator Margaret Brennan asked Warner, the chairman of the Senate Intelligence Committee, whether the Biden administration has been forthcoming with details about Biden's improper retention of classified documents.

But according to Warner, the White House is not being transparent.

"We need more information about these documents," Warner said. "More importantly, we need to make sure that what the intel community has done to mitigate the harm. And we're still in conversations with the Justice Department.

"The administration's position does not pass the smell test," Warner added.

The Virginia Democrat suggested lawmakers are prepared to use "additional tools" to compel Biden to give lawmakers the details they want about his scandal. One action Congress can take, Warner threatened, is to restrict spending.

"We've got some additional tools. We can restrict some of the spending. We're in active conversations with the Justice Department. But we've got to get those documents," the senator said.

Sen. Mark Warner on "Face the Nation," March 26, 2023 | full interview youtu.be

A group of bipartisan lawmakers from the Senate and House received an intelligence briefing about the classified documents scandal last month. Lawmakers, however, were left with more questions than answers.

Not only can Congress restrict government spending if the Biden administration refuses to comply, but Warner has already threatened the controversial reauthorization of Section 702 of the Foreign Intelligence Surveillance Act. The program empowers the government to conduct sweeping warrantless surveillance on foreign persons, but it can sometimes sweep intelligence on Americans.

Outrage over government officials not acting in a transparent manner about the classified documents is one of the few issues generating bipartisan support in the halls of Congress these days.

At the conclusion of a recent Senate Intelligence Committee meeting, ranking member Sen. Marco Rubio (R-Fla.) said, "A special counsel cannot have veto authority over Congress' ability to do its job. This is going to be addressed one way or the other."

"Amen," Warner responded.

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Biden makes eyebrow-raising admission about documents seized from his home — then blames staffers



President Joe Biden admitted Wednesday that at least one document seized by federal investigators from his private residence in Wilmington, Delaware, is nearly 50 years old.

At the end of an interview with Biden, PBS anchor Judy Woodruff asked the president why his condemnation of former President Donald Trump for retaining classified documents — Biden called it "totally irresponsible" — does not also apply to him.

"What I was talking about was what was laid out," Biden said, referring to the infamous picture the Justice Department included in court documents showing classified documents on the floor of Mar-a-Lago.

But ignoring the fact that some of the documents found at his former Washington office reportedly contained highly classified intelligence markings, Biden then tried to defend himself by noting that he "voluntarily" allowed federal agents to search his home.

"In the best of my knowledge, the kinds of things they picked up were things that from 1974 and stray papers," Biden admitted. "There may be something else, I don't know."

1974? At the time, Biden was a U.S. senator. Indeed, Biden's lawyer admitted that in one search of Biden's home last month, FBI agents seized documents from Biden's days in the Senate, but did not provide more details about what was taken. Biden did not elaborate on that either, including whether the nearly 50-year-old document and other "stray papers" were classified.

It's not clear, however, why or how federal agents could, without a search warrant, seize documents that were not classified or not otherwise official property of the U.S. government.

Biden talks economy, China, political division in exclusive interview with Judy Woodruff youtu.be

Biden followed up his eyebrow-raising admission by abdicating responsibility for mishandling classified documents.

"One of the things that happened is that what was not done well is as they packed up my offices to move them, they didn't do the kind of job that should have been done to go thoroughly through every single piece of literature that's there," he said, referring to his staff members.

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Carefully worded statement reveals FBI seized more documents from Biden property, this time his vacation home



The FBI seized an unknown number of documents from President Joe Biden's vacation home in Rehoboth Beach, Delaware, on Wednesday.

Beginning at 8:30 a.m., FBI agents searched the property for, presumably, classified documents and other materials improperly in Biden's possession. The president's personal attorney, Bob Bauer, described the operation as a "planned search."

The search lasted approximately three and a half hours, according to Bauer. Though FBI agents discovered no classified documents, they seized materials dated from Biden's tenure as vice president.

"The DOJ’s planned search of the President’s Rehoboth residences, conducted in coordination and cooperation with the President’s attorneys, has concluded," Bauer said. "The search was conducted from 8:30 AM to noon.

"No documents with classified markings were found," he added. "Consistent with the process in Wilmington, the DOJ took for further review some materials and handwritten notes that appear to relate to his time as Vice President."

The carefully worded statement, emphasizing that agents found nothing with classified markings, does not exclude the possibility that what agents seized was classified. Indeed, not every document or parcel with classified information, such as handwritten notes, carry the proper markings indicating that it contains classified information.

What is the background?

The search is at least the third time the DOJ has searched one of Biden's properties.

Last month, the Justice Department searched Biden's private residence in Wilmington, Delaware, turning up additional classified documents. At the time, it was believed to have been the first search.

But CBS News reported on Tuesday that FBI agents conducted a search of the Washington office where classified documents were first discovered on Nov. 2. That search was conducted sometime in "mid-November." It's not clear if the FBI found classified documents in that search.

It's also unclear why the Biden administration and Justice Department refused to previously disclose the search.

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Top Biden official unable to spin her way out of contradiction exposed by CNN host on classified docs scandal



CNN anchor Victor Blackwell confronted a top Biden administration official on Tuesday over the glaring lack of transparency from the Biden administration on President Joe Biden's classified documents scandal.

On Tuesday, CBS News reported the FBI conducted a search of Biden's private Washington office after his personal attorney made the initial discovery of classified documents on Nov. 2. It's not clear why Biden's attorneys, the White House, and the DOJ previously refused to disclose the search.

What happened on CNN?

After White House communications director Kate Bedingfield claimed the White House has been "transparent from the onset," Blackwell had just one question: How can you be transparent if you aren't forthcoming with basic details?

"You are claiming transparency, but I am bringing this to you, you aren't bringing it to me," he said. "This happened in mid-November. If you are, indeed, being transparent, why the continued trickle of disclosure around these classified documents?"

Unfortunately, Bedingfield completely ignored the question. Instead, she emphasized Biden's cooperation with the Justice Department.

"We have released multiple statements from the White House, and President Biden's personal attorney has released multiple statements over the last month, walking through the process and agreeing to be fully, fully cooperative with the Justice Department," she responded. "This is a process that plays out.

"We have been clear from the outset that the president will cooperate with every request the Justice Department has and we put out multiple statements describing that process," she added.

\u201cCNN: "You're claiming transparency... this happened in mid-November. If you are, indeed, being transparent, why the continued trickle of disclosure around these classified documents?\u201d\n \nBiden Spox Kate Bedingfield: \u201cWe have released multiple statements."\u201d
— RNC Research (@RNC Research) 1675201301

What about the search?

According to CBS News, the FBI searched Biden's private office, the one he used before becoming president, sometime in "mid-November" after the initial Nov. 2 discovery.

It's not clear what the FBI found — if agents found additional classified documents — and it's not clear which exact day the FBI conducted its search, whether it was before or after the Nov. 8 midterm election.

The refusal to disclose the search is odd. When the Justice Department searched Biden's private residence in Wilmington, Delaware, last month, the search was announced the next day. Moreover, Biden's personal attorney announced Wednesday that the FBI was searching Biden's vacation home in Rehoboth Beach, Delaware, the same day of the search.

The refusal to disclose basic timeline facts has led to widespread speculation of non-negligent malfeasance.

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Biden's DOJ refuses to cooperate with congressional investigation into classified docs scandal



The Justice Department is refusing to cooperate with a congressional oversight investigation into President Joe Biden's classified documents scandal.

What is the background?

Chairman of the House Judiciary Committee Jim Jordan sent the Justice Department a letter on Jan. 13 requesting documents related the scandal.

Jordan announced his probe on Jan. 13, one day after Attorney General Merrick Garland appointed former U.S. attorney Robert Hur as special counsel to investigate Biden. Specifically, Jordan wants all documents and communications related to the investigation.

"It is unclear when the Department first came to learn about the existence of these documents, and whether it actively concealed this information from the public on the eve of the 2022 elections," Jordan wrote in his letter. "It is also unclear what interactions, if any, the Department had with President Biden or his representatives about his mishandling of classified material. The Department’s actions here appear to depart from how it acted in similar circumstances."

How did the DOJ respond?

In a letter on Monday, Assistant Attorney General Carlos Felipe Uriarte told Jordan the DOJ will not hand over any of the requested materials for congressional oversight.

"Disclosures to Congress about active investigations risk jeopardizing those investigations and creating the appearance that Congress may be exerting improper political pressure or attempting to influence Department decisions in certain cases," Uriarte wrote.

"Judgments about whether and how to pursue a matter are, and must remain, the exclusive responsibility of the Department," he asserted.

To divulge information related to the DOJ's ongoing special counsel investigation would, according to Uriarte, violate "longstanding policy."

"Disclosing non-public information about ongoing investigations could violate statutory requirements or court orders, reveal road maps of our investigations, and interfere with the Department’s ability to gather facts, interview witnesses, and bring criminal prosecutions where warranted," he said.

How did Jordan respond?

Russell Dye, a spokesman for Jordan, said the decision indicates the DOJ is "playing politics."

"It's concerning, to say the least, that the Department is more interested in playing politics than cooperating," Dye said, CNN reported.

Meanwhile, Jordan disclosed last week that he was "definitely looking at asking for documents via subpoena," but said at the time he was only considering it. Perhaps the DOJ's refusal to cooperate with his investigation has made his decision easier.

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John Kirby's attempt to defend Biden over classified docs scandal inadvertently reveals glaring problem



John Kirby, a top Biden administration spokesman, tried on Wednesday to defend President Joe Biden over the classified documents scandal.

Instead, his answer revealed a glaring problem in the timeline.

What happened?

At the White House press briefing, Fox News correspondent Peter Doocy asked Kirby how difficult it would be for someone to retain classified documents outside the proper secured setting.

"How hard is it to walk out of a SCIF with classified material?" he asked.

A SCIF, or sensitive compartmented information facility, is a special area where high-level intelligence documents may be viewed by individuals with the proper security clearance. According to reports, some of the documents that were found in Biden's private office on Nov. 2 were designated as "sensitive compartmented information," which means they should only have been viewed in a SCIF.

Kirby explained the procedures for entering and exiting a SCIF are the same. No personal devices are permitted entry, and the removal of documents is closely guarded and they must be "appropriately secured."

Doocy followed up asking about the procedure for if documents are improperly removed from a SCIF. Kirby explained the process, then used the moment to defend Biden.

"I think if you do it inadvertently or you do it and you realize, you know, you don’t have it secured in a locked bag, you know — you self-report, which is exactly what the president did: self-reported," Kirby said.

01/25/23: Press Briefing by Press Secretary Karine Jean-Pierre youtu.be

What is the problem?

While Biden's attorneys indeed "self-reported" to the National Archives and Justice Department, it took at least six years for the discovery of the material and thus the disclosures.

Most of the classified documents improperly found in Biden's possession date from his days as vice president. But an FBI search conducted last week resulted in finding some classified material from Biden's days in the U.S. Senate, meaning the disclosure of improper retention was delayed by more than one decade. Biden left the Senate in January 2009.

The question thus remains: How could Biden possibly have retained classified documents for so long, some of which are reportedly highly classified and accessible only in a SCIF?

Indeed, it's not "self-reporting" to have your lawyer accidentally find documents that had been retained for at least six years while you have classified documents in multiple places, including your private home and garage.

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'Full-blown criminal investigation': DOJ was prepared to get search warrant against Biden in docs scandal



The Justice Department was reportedly prepared to get a search warrant for President Joe Biden's private Delaware residence if he did not consent to an FBI search of the property that ultimately took place last Friday.

According to CNN, special counsel Robert Hur is now overseeing a "full-blown criminal investigation" into Biden's improper retention of an unknown number of classified documents. What information those documents contained remains unknown. However, it has been reported that some of the documents recovered from Biden's private office in Washington were "top secret," with markings reserved for the highest level of intelligence.

The DOJ and Biden's attorneys negotiated for days about when a search of Biden's Wilmington, Delaware, home would take place.

However, CNN reported that while the DOJ never explicitly raised the possibility of seeking a search warrant if Biden's team was uncooperative, the agency was otherwise prepared to get one. Biden's personal attorneys had conducted all previous searches.

From CNN:

For its part, the Justice Department had decided it would conduct the latest search – and any subsequent searches – after Biden’s team handled earlier searches themselves. Federal investigators also were prepared to seek a warrant if they did not get consent to search the Wilmington property, according to multiple sources.

Meanwhile, Justice Department officials are reportedly "frustrated" and "irritated" with Biden's team over their lack of transparency

The White House, for example, claims it has been coordinating with the Justice Department. But CNN reported that Biden's team did not tell the DOJ they were searching Biden's Wilmington home in late December until the search was already complete and more classified documents had been discovered.

Additionally, DOJ officials are "concerned" at how Biden's team disclosed the discoveries to the public, a central question in the scandal. Indeed, the White House only disclosed the second discovery of classified documents — which had already been found when they admitted to the first — after NBC News first revealed its existence.

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CBS reporter uses Mike Pence to take subtle jab at Biden — and asks WH for 'any reflections' on administration's stonewalling



Does the White House regret how the administration handled President Joe Biden's improper handling of classified documents? That is the question CBS News reporter Steven Portnoy asked on Tuesday.

What is the background?

Last week, a lawyer for former Vice President Mike Pence discovered about a dozen classified documents at his private residence in Indiana. Pence initiated a search out of an abundance of caution, CNN reported.

Upon the discovery, the lawyer immediately notified the National Archives, which then notified the Justice Department. Pence's team then notified Congress and then the public.

The classified documents were stored in boxes that contained documents from Pence's days as vice president. Importantly, the boxes were taped when Pence's lawyer conducted the search, and thus it is believed that the boxes had not been opened since they were packed and initially sealed.

What did Portnoy ask?

The White House has repeatedly claimed it did "the right thing" regarding the disclosure of classified documents in Biden's possession. If that is true, Portnoy asked whether it is also true of Pence — especially given that Pence was even more forthcoming.

White House press secretary Karine Jean-Pierre, however, refused to answer the question. Then Portnoy followed up with a certain jab at Biden, asking Jean-Pierre for "any reflection" on the White House's opaque disclosure process.

"One of the things that Pence team seems to have done in the last week is make public disclosure of the circumstance. They advised NARA but also advised Congress and now the public," Portnoy noted.

"Any reflections among the communications and press staff here as to how the Pence team handled it versus how you guys handled it?" he asked.

Portnoy's question targeted a top concern about the Biden administration's disclosure process. It took more than two months after the first discovery of classified documents for the White House to say anything about it. Meanwhile, the second batch, which had already been discovered when the administration admitted to the first, was not disclosed until NBC News first reported on its existence.

But the press secretary was in no mood to offer penance. Instead, she referred Portnoy's question to the Justice Department and White House counsel's office.

When she finished responding, another reporter shouted out, "Why did you not talk about it for two months?" It's not clear who shouted the question. Jean-Pierre did not answer it.

01/24/23: Press Briefing by Press Secretary Karine Jean-Pierre youtu.be

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