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MSNBC host Joe Scarborough voiced his anger at special counsel Robert Hur on Friday but quickly learned why details about President Joe Biden's cognitive condition were necessary for his report.
On his show "Morning Joe," Scarborough repeatedly attacked Hur, sarcastically calling him a "neurologist" — presumably for Hur's conclusions about Biden's memory — and claimed Hur graduated from "Trump University." Scarborough raged that Hur made "politically charged" conclusions in a "garbage" report with "Trump-like ramblings."
MSNBC reporter Ken Dilanian promptly popped Scarborough's bubble.
According to Dilanian, who spoke with Justice Department officials, the details about Biden's memory are necessary because Hur has to justify why he is not prosecuting Biden despite uncovering evidence that Biden broke the law.
"If Rob Hur is saying, 'I have evidence that Joe Biden willfully retained classified information,' then, in fact, [Biden] didn't just find those documents in 2022 as we all thought. He actually found them in 2017, and he’s recorded saying that to his ghostwriter," Dilanian explained. "So why isn't [Hur] charging him? Well, he has to explain that. So the explanation is Joe Biden said he didn't remember.
"He was recorded saying, 'I found classified documents in my house in Virginia,' to the ghostwriter. He's recorded disclosing classified information to the ghostwriter, according to this report," he continued. "But he says he forgot that. So Rob Hur has to explain that, in fact, the larger context here is that Mr. Biden has forgotten a lot of things."
Watch Morning Joe Highlights: Feb. 9 | MSNBC www.youtube.com
Former U.S. Attorney Chuck Rosenberg also explained why Hur was ethically obligated to include details about Biden's memory.
Rosenberg said:
So, number one: Under the special counsel regulations, Hur, the special counsel, has an obligation. He shall write a report. He must write a report. If you're writing a report to the attorney general of the United States and you are recommending that someone not be prosecuted, which I think is the right recommendation, then you would tell the attorney general why you think that person ought not be prosecuted.
I was a federal prosecutor for a long time. We assess our witnesses. We assess our cases. We talk about them. We talk about it. We talk about the factors that we think will and will not play in front of the jury. If Rob Hur's assessment was that Mr. Biden was sympathetic or that he had a faulty memory — that is absolutely something you would tell the attorney general in a confidential report.
"So, it doesn't make sense to me that if I'm telling the attorney general of the United States why someone ought not to be prosecuted, that I wouldn't also tell him exactly why I came to that conclusion," Rosenberg concluded.
Scarborough, however, was not convinced and repeated his attacks of Hur throughout the show.
Last week, Axios revealed that Scarborough maintains a personal relationship with President Biden.
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The mainstream media and Democrats have absolved President Joe Biden of wrongdoing after classified documents, some of which were marked "top secret," were discovered in his post-vice presidential office.
But NBC News correspondent Ken Dilanian spotlighted on Tuesday two critical questions that should be asked about the circumstances surrounding the discovery.
"There are some significant concerns here," Dilanian said on MSNBC. "A) how did these classified documents get to a place they shouldn’t have been and B) why did the White House sit on this for so long?"
"They knew six days before the November midterm. Joe Biden knew, his aides knew, yet they did not tell the public until this leaked to the news media," he added.
Sen. Warner calls for briefing on classified documents found in Biden office www.youtube.com
Those questions are especially important because the White House claims that Biden did not know the classified documents were being stored at his private office. Therefore, if Biden was unaware that they were there, who, having access to highly classified information, could have stored the documents in the office without Biden's knowledge?
Not only is the timing of the news suspicious and suggests the government is not being as transparent as the media claims, but we do not yet know whether Biden retained more classified documents in his office and whether investigators even searched for more.
Attorney General Merrick Garland has assigned U.S. Attorney John Lausch Jr., a Trump appointee, to investigate the discovery.
As Dilanian noted, Garland likely tasked Lausch with the investigation "to create an appearance of independence."
Biden personally addressed the discovery of the classified documents on Tuesday while in Mexico.
The president claimed he was "surprised to learn that there were any government records that were taken there to that office," and he said he does not know what information the documents contain.
Sources told CNN the documents contain "intelligence memos and briefing materials" related to Ukraine, Iran, and the United Kingdom. Some of the documents were reportedly marked "top secret" with the "sensitive compartmented information" designation, which is typically reserved for highly classified intelligence.
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