Nausiating, Breathtaking Hubris

In the 388 page Special Counsel report on Biden’s ‘mishandling’ of classified documents, the below excerpt is all anyone needs to see.  As you will see below, in an act of what can only be described as ‘profound legal sophistry’ the Special Prosecutor simultaneously removes all reasonable doubt as to Biden’s motives and concomitant guilt, then proceeds to refer the reader to completely irrelevant gobbledygook to convince said reader he didn’t just see what the Prosecutor says he (the reader) just saw!

Prosecutor: In the same box m the garage where FBI agents found the classified

Afghanistan documents, agents also found other documents of great personal

importance to Mr. Biden, including photos of his son Beau and documents Mr. Biden

filed, accessed, and used in early 2017, during the same time he told Zwonitzer

found the classified documents about Afghanistan in his Virginia home.82i5 The

evidence suggests that Mr. Biden maintained these files himself

l\1r. Biden had a strong motive to keep the classified Afghanistan documents.

He believed President Obama’s 2009 troop surge was a mistake on par with Vietnam.826 He wanted record to show that he was right about Afghanistan; that his critics were wrong; and that he had opposed President Obama’s mistaken decision forcefully when it was made-that his judgment was sound when it mattered most.827

This evidence provides grounds to believe that Mr. Biden willfully retained the marked classified documents about Afghanistan. If he was not referring to those documents-later found in his garage-when he told Zwonitzer he had “just found all the classified stuff downstairs,” it is not clear what else Mr. Biden could have been referring to.828

Me:  Did you catch that?  It was unambiguous.  Not only does the Prosecutor remove any doubt (reasonable or otherwise) as to Biden’s motives in improperly retaining classified documents, he states overtly that there is no other explanation.  And we know the Prosecutor knows there is no other explanation because he doesn’t even give Biden the chance to explain himself!  Instead, he goes on a mind reading expedition to fabricate reasonable doubt out of the trailer park debris caused by the category 5 logic tornado used to condemn Biden!  It’s positively breathtaking in its audacity!

Nevertheless, for the reasons below, we believe this evidence 1s not strong enough to establish Mr. Biden’s guilt beyond a reasonable doubt.

I hesitate to even reproduce the sophistry that follows as it’s likely to provoke migraine or worse.  But here you are:

Prosecutor:

Nevertheless, for the reasons below, we believe this evidence 1s not strong enough to establish Mr. Biden’s guilt beyond a reasonable doubt.

825 See Chapters Five and Six. 826 See Chapter Six. 827 See id. 828 See Chapters Five and Six.

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III. THE EVIDENCE FALLS SHORT OF ESTABLISHING MR. BIDEN’S WILLFUL RETENTION OF THE CLASSIFIED AFGHANISTAN DOCUMENTS BEYOND A REASONABLE DOUBT

In February 2017, when Mr. Biden told Zwonitzer he had “just found all the classified stuff downstairs,” Mr. Biden was at his home in Virginia.829 In December 2022, the FBI recovered the marked classified documents about Afghanistan in the garage of Mr. Biden’s home in Delaware, nearly six years later and over one hundred miles away.880 When the FBI recovered the documents in 2022. Mr. Biden was the sitting president, and he was authorized to have classified documents in his private home. Thus, any criminal charges would most plausibly depend on Mr. Biden’s possession of the Afghanistan documents in the Virginia home in 2017, when he was not in office.

There are at least three defenses likely to create reasonable doubt as to such charges. First, Mr. Biden could have found the classified Afghanistan documents at the Virginia home in 2017 and then forgotten about them soon after. This could convince some reasonable jurors that he did not willfully retain them. Second, Mr. Biden might not have retained the classified Afghanistan documents in the Virginia home at all. They could have been stored, without his knowledge, at his Delaware home since the time he was vice president. This would rebut charges that he willfully retained the documents in Virginia. Finally, Mr. Biden could have found only some of the classified Afghanistan documents in the Virginia home in 2017-the ones in the manila “Afganastan” folder found in the garage box-and it is unclear whether

s:29 See Chapter Five. 830 See Chapter Six.

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this folder contained national defense information. This too would rebut charges that

he willfully retained national defense information, as required by the criminal

statute.s:n

We discuss each potential defense in turn.

A. Mr. Biden may have found the classified documents in Virginia in February 2017 and then forgotten about them It is possible that Mr. Biden encountered the classified Afghanistan documents at the Virginia home in February 2017, told Zwonitzer about them, and then, soon after, forgot about them and did not willfully retain them. \Vhile such a swift and permanent bout of forgetfulness may seem implausible, several pieces of evidence provide some support for this possibility. If Mr. Biden discovered classified documents at the Virginia home on February 16, 2017, when he told Zwonitzer he “just found all the classified stuff downstairs,” it may not have been something he found memorable. Mr. Biden, after all, had seen classified documents nearly every day for the previous eight years. As vice president, he regularly-and permissibly-kept classified documents in his home.8:12 When he spoke to Zwonitzer in February 2017, Mr. Biden had left the White House less than a month earlier. After more than forty years in the highest ranks of government, he was accustomed to having staff members attend to the details of handling, storing,

and retrieving classified documents.833 For a person of his position, the presence of classified documents might not have been noteworthy, and it may have seemed

s31 See 18 U.S.C. § 793(e).

s:i:2 See Chapter Three. 833 See id.

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natural that someone else would inevitably take care of it, because, for Mr. Biden,

that is how it had nearly always worked.

In response to this defense, the government could note that several weeks before the February 2017 conversation with Zwonitzer, just after leaving the vice presidency, Mr. Biden returned different classified material he found in the Virginia home, giving a slim binder of material possibly relating to foreign leader calls to his personal aide to return to the vVhite House.8:14 One explanation is that Mr. Biden returned the binder of foreign leader calls because he did not care about it, whereas he intentionally kept the classified Afghanistan documents because he cared about them a great deal.

But another inference the evidence permits is that Mr. Biden returned the binder of classified material to the personal aide because, after leaving office, Mr. Biden did not intend to retain any marked classified documents. As Mr. Biden said in his interview with our office, if he had found marked classified documents after the vice presidency, “I would have gotten rid of them. I would have gotten them back to their source.... I had no purpose for them, and I think it would be inappropriate for me to keep clearly classified documents.”8:15 Some reasonable jurors may credit this statement and conclude that if Mr. Biden found the classified Afghanistan documents in the Virginia home, he forgot about them rather than willfully retaining them.

Mr. Biden’s own words to Zwonitzer provide some support for this conclusion. In the recorded conversation when Mr. Biden told Zwonitzer he had “just found all

8:0 1 See Chapter Seven. 835 Biden 10/9/23 Tr. at 41.

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the classified stuff downstairs,” Mr. Biden’s tone was remarkably casual. His sole

reference to this discovery ofclassified documents was this brief aside. Mr. Biden did

not sound surprised or concerned by the documents he referenced. While reasonable

jurors could draw different conclusions from Mr. Biden’s seeming nonchalance, one

conclusion is that if Mr. Biden discovered classified documents, it simply was not

significant to him and was something he could have quickly forgotten.

After all, the Afghanistan documents and the 2009 troop surge played no role in Promise Me, Dad, the book Mr. Biden wrote with Zwonitzer in early 2017.836 There is no reason to believe Mr. Biden intended to discuss the 2009 Afghanistan troop debate in his book, which, as explained in Chapter Five, covered his experiences in 2014 and 2015. In dozens of hours of recorded conversations with Zwonitzer in 2016 and 2017, when Mr. Biden talked about a vast array of topics, the Afghanistan documents never came up again.837 This may suggest that after February 16, 2017, the documents were simply not on Mr. Biden’s mind.

Mr. Biden’s memory also appeared to have significant limitations-both at the time he spoke to Zwonitzer in 2017, as evidenced by their recorded conversations, and today, as evidenced by his recorded interview with our office. Mr. Biden’s recorded conversations with Zwonitzer from 2017 are often painfully slow, with Mr. Biden struggling to remember events and straining at times to read and relay his own notebook entries.s3s

Me:  Are you reading between the lines here?  Conversations with Biden are ‘painfully slow.’  He’s senile.  That’s what the prosecutor is saying.  He’s also saying that despite no good explanation for Biden’s actions at the time these crimes were committed when he was not senile, we can’t properly establish crimes we’ve already proven without the need to interview Biden because he’s senile!

In short, we can’t even give this senile old carcass the opportunity to perjur his way out of this he’s so incoherent.  Let that sink in!

Note how they conflate the time these crimes were committed when Biden could walk and chew gum with his current vegetative state, apples and oranges.  We don’t need to know Biden’s state of mind at the time any more than we need to know Hillary’s!  This crime requires no bad motive or ill intent!  The act is the crime, independent of intent!  That’s why submariners who take selfies go to jail!