There has been some pressure on Attorney General Merrick Garland to flex some of her power. Rep. Claudia Tenney, R-NY, urges Garland to invoke the 25th Amendment against President Joe Biden. This attempt to remove the president from office comes on the heels of special counsel Robert Hur’s report, which said that the president shouldn’t face prosecution for mishandling classified documents.
Tenney sent a letter to Garland last Thursday to share her thoughts on Hur’s findings. She emphasized how the special counsel mentioned that Biden had a poor memory. Tenny also wrote that the reasons Hur didn’t bring charges against Biden over the years were “alarming.” She wrote that he “knowingly and willfully removed, mishandled, and disclosed classified documents.”
Hur didn’t prosecute Biden for the way he handled classified documents. Instead, he stated in his report that the president’s actions were “serious risks to national security.” Hur also described several scenarios where the president suffered from memory loss.
Furthermore, Hur pointed out that he didn’t seek any charge against Biden because the president could appear like an “elderly man with poor memory.” According to him, such a portrayal would stir up sympathy with a jury.
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However, Tenney disagreed with Hur’s sentiments in her letter to Gathatnd. “We don’t prosecute or decline to prosecute people based on their personalities or on the public’s anticipated perception of them,” Tenney wrote. “If Special Counsel finds that the evidence forms a reasonable basis to bring charges, he must do so.”
Additionally, Tenny also compared Hur’s decision to investigate Biden to special counsel Jack Smith’s charges against former President Donald Trump for mishandling classified documents at Mar-a-Lago. Tenney argued that the Department of Justice “cannot ethically bring charges” against Trump “because he has mental acuity and a forceful personality” while refusing to press charges against President Biden because of his poor memory.
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Former president Donald Trump is currently facing several charges. Some of the charges include willful retention of national defense information, false statements and representations, conspiracy to obstruct justice, and corruptly concealing a document. So far, Trump has not pleaded guilty.
“President Biden needs to be charged, or he needs to be removed. There is no middle ground,” Tenney wrote. She also added that Garland had to start the process of removing Biden from office using the 25th Amendment.
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The 25th Amendment was endorsed after the assassination of President John F. Kennedy. The Amendment provides the process for replacing the president in the event of death, removal, resignation, or incapacitation. A section gives the vice president and majority of either the cabinet “or such other body as Congress may by law provide” the ability to transfer the presidential power.
Since Hur put out his report, Biden has been forced to respond. “How in the hell dare he raise that?” He asked in response to Hur claiming [that] Biden couldn’t remember when his son Beau died. “My memory is fine,” he added.
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