Speaker 1: Welcome.
Speaker 2: It is verdict with Senator Ted Cruz ben Ferguson with you,
Speaker 2: Senator for about forty five minutes tonight, you and I
Speaker 2: are doing this At twelve thirty am, there was a
Speaker 2: moment in this country where the media, the White House,
Speaker 2: press Corps, Democrats, and Republicans were wondering if Joe Biden
Speaker 2: was going to step down as President of the United
Speaker 2: States of America after the Special Council report called him
Speaker 2: quote an elderly man with a poor memory who was
Speaker 2: so deteriorated with his cognitive decline they couldn't charge him
Speaker 2: with crimes even if they wanted to.
Speaker 3: Your reaction, well, Today the US Department of Justice released
Speaker 3: a formal report laying out the evidence that the sitting
Speaker 3: president of the United States is not competent to stand trial.
Speaker 3: That is extraordinary. Look, today was a big news day.
Speaker 3: Today the Senate capitulated on securing the border and passed
Speaker 3: or moved forward with a Ukraine funding bill. Today, the
Speaker 3: US Supreme Court heard oral arguments in the Colorado case
Speaker 3: about whether Donald Trump should be thrown off the ballot
Speaker 3: and what does it say that both of those have
Speaker 3: been relegated to the b and c story in every
Speaker 3: news broadcast in America. Well, that's because what broke later
Speaker 3: today was so damn big. Listen, You and I and
Speaker 3: kind of anyone with eyes and common sense have been
Speaker 3: observing for a long time that Joe Biden's cognitive decline
Speaker 3: is massive. But it's easy for some observers to dismiss
Speaker 3: that and say, you know, these guys are biased, they're partisans,
Speaker 3: they don't like Biden, So what they're saying is not true.
Speaker 3: In this instance, the people speaking are the Biden Department
Speaker 3: of Justice and not any department of justice. This is
Speaker 3: a Department of Justice that has proven itself the most
Speaker 3: politicized and partisan department of justice in history. And they
Speaker 3: have argued so, for example, I'm going to read you
Speaker 3: a paragraph from the report. In his interview with our office,
Speaker 3: mister Biden's memory was worse. He did not remember when
Speaker 3: he was vice president, forgetting on the first day of
Speaker 3: the interview when his term ended, quote if it was
Speaker 3: twenty thirteen, when did I stop being vice president? And
Speaker 3: forgetting on the second day of the interview when his
Speaker 3: term began quote in two thousand and nine? Am I
Speaker 3: still vice president? He did not remember even within several
Speaker 3: years when his son Bo died and his memory appeared hazy.
Speaker 3: When describing the Afghanistan debate that was once so important
Speaker 3: to him, among other things, he mistakenly said he quote
Speaker 3: had a real difference of opinion with General Carl Aitkinberry,
Speaker 3: when in fact Aitkinberry was an ally whom mister Biden
Speaker 3: cited approvingly in his thanksgiving memo to President Obama. All
Speaker 3: of that was authored by the Biden Department of Justice.
Speaker 3: And when they are describing the sitting president as a
Speaker 3: well meaning elderly man with a poor memory, the natural
Speaker 3: question for anyone to say is, holy crap. If he's
Speaker 3: not competent to stand trial, why is he the commander
Speaker 3: in chief with the authority to send our sons and
Speaker 3: daughters into harm's way? Why does he have access to
Speaker 3: the nuclear codes? Understand the description here They say, you
Speaker 3: couldn't charge him with a crime because he's not aware
Speaker 3: of enough to have the requisite mental intent. And yet
Speaker 3: Joe Biden tonight, if he's so desired, could literally exterminate
Speaker 3: humanity from the face of the planet as commander in
Speaker 3: chief if he gave the order launch the nuclear weapons now,
Speaker 3: unless the military refused to obey the commander in chief.
Speaker 3: Joe Biden could exterminate every life on this planet. And
Speaker 3: if he's not mentally competent to stand trial, that is terrifying.
Speaker 1: The other party.
Speaker 2: And I mentioned this to the beginning, and I want
Speaker 2: to play this for you on Fox. Kaylee mckin any
Speaker 2: former White House Press secretary came out and talked about
Speaker 2: the shock in Washington, talked about the shock of the
Speaker 2: President trying to respond in an angry way to this
Speaker 2: report that had come out holding this impromptu press conference.
Speaker 4: Listen to this, an unmitigated disaster play out before our
Speaker 4: very eyes. We just watched a wounded political animal hobble
Speaker 4: to a podium and react with defensiveness, with anger. And
Speaker 4: you know it's bad, Jesse. When you have the White
Speaker 4: House Press Corps, they are essentially an extension of the
Speaker 4: Joe Biden press and communications team. When they are shouting
Speaker 4: at him asking repeatedly, are you going to step aside,
Speaker 4: mister President? The CNN correspondent asking that when NBC, NBC,
Speaker 4: of all places, writes a headline a nightmare Special Council
Speaker 4: report triggers panic among Democrats. And when you have a
Speaker 4: president who for forty five minutes, announces a press conference
Speaker 4: with no topic, giving the world forty five minutes to
Speaker 4: speculate is he stepping aside? What would life be like
Speaker 4: under a president Kamala Harris? For forty five minutes, the
Speaker 4: nation got to feel that pan and I don't think
Speaker 4: they will forget it come November.
Speaker 1: We were, by the way, Senator, this was real.
Speaker 2: I was in Fox News in New York City doing
Speaker 2: a hit when all this broke and my phone exploded.
Speaker 2: Everyone in the building's phone was exploding, with people asking
Speaker 2: the question, Oh, my gosh, is Joe Biden about to
Speaker 2: say he's stepping down or at the bare minimum, say
Speaker 2: I am no longer running for president of United States America.
Speaker 2: That was real, and the entire world was thinking this,
Speaker 2: including our adversaries.
Speaker 3: Yeah, our adversaries, our allies, the Democrat Party. Look, we
Speaker 3: have talked about at length how Democrats and their supplicant
Speaker 3: cheerleaders in the media were getting cold feet on Joe Biden,
Speaker 3: and I had previously said on this podcast that I
Speaker 3: thought the odds were about fifty to fifty that Democrats
Speaker 3: at the convention this coming summer would pull the cord
Speaker 3: on Joe Biden, yank him out and replace him with
Speaker 3: Michelle Obama. I have to say, after today, I'm going
Speaker 3: to adjust those odds from fifty to fifty to about
Speaker 3: sixty five thirty five. I think they have increased substantially.
Speaker 3: I think it is now significantly more likely than not
Speaker 3: that Democrats will not have Joe Biden on the ballot.
Speaker 3: And listen, the problem is, if you're a Democrat hack in,
Speaker 3: you're spinning. How do you spin this away? They're used
Speaker 3: to saying, oh, those are just partisans. Those are their
Speaker 3: favorite phrase, maga republicans. Well, the one thing we know
Speaker 3: is the Biden Department of Justice. They are not maga Republicans.
Speaker 3: And this is his own Department of Justice saying he
Speaker 3: has severely diminished metal faculties. And then I got to
Speaker 3: tell you, Ben, he made it worse. He made it
Speaker 3: worse by an For forty five minutes, nobody knew what
Speaker 3: the press conference was gonna be, and everyone was like,
Speaker 3: oh my god, we're gonna have a president Kamala Harris,
Speaker 3: like that was really frightening. But then when he got
Speaker 3: up there, he did not perform well. And I think
Speaker 3: that only increased the concerns and so we ought to
Speaker 3: listen to listen to a portion of his press conference
Speaker 3: that that occurred on Thursday night.
Speaker 2: And let's point this out too, the media listened to
Speaker 2: them in the background. Joe Biden's president has never had
Speaker 2: to deal with the media that was this in his face.
Speaker 2: I would even argue this hostile to him. They've always
Speaker 2: given him softball pitches. Something changed in the media tonight
Speaker 2: and you could hear it and watch it in real time.
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Speaker 2: listen to the media completely turned like piranhas on.
Speaker 1: Joe Biden. It's incredible here it is.
Speaker 5: Thank you, and I'll take some questions.
Speaker 6: President Biden.
Speaker 7: Something the Special Counsel said in his report is that
Speaker 7: one of the reasons you were not charged is because,
Speaker 7: in his description, you are a well meeting elderly man
Speaker 7: with a poor memory.
Speaker 5: I'm well meeting and I'm an elderly man, and I
Speaker 5: know what the hell I'm doing. I'm in President. I
Speaker 5: put this country back on his feet. I don't need
Speaker 5: his recommendation. It's totally is.
Speaker 7: Your memory, and can you continue as president?
Speaker 5: My memory is so bad, I let you speak. That's
Speaker 5: that's that's what.
Speaker 6: Your memory has gotten worse.
Speaker 5: Oh look, my memory is not good. My memory is fine.
Speaker 5: My memory. Take a look at what I've done since
Speaker 5: I become president. Not even thought I could pass any
Speaker 5: of the things I got passed. How'd that happen? You know?
Speaker 5: I guess I just forgot what was going on.
Speaker 6: It's a present.
Speaker 5: Your age.
Speaker 6: How are you going to persuade? I mean, do you
Speaker 6: hear that this report is only going to fuel further.
Speaker 5: Concerned only by some.
Speaker 8: Of you want criminal liability today?
Speaker 4: Do you take responsibility for me seeing careless with classified material?
Speaker 5: I take responsibility for not having seen exactly what my
Speaker 5: staff was doing. Goes in in twenty out, things that
Speaker 5: appeared in my garage, things that came out of my home,
Speaker 5: things that we were moved, not by me but my staff,
Speaker 5: but my staff.
Speaker 8: Mister President, for months, when you were asked about your age,
Speaker 8: you would respond with the words watch me, won't any America?
Speaker 6: Can?
Speaker 1: People have been watching and they.
Speaker 6: Have expressed concerns about your age.
Speaker 5: That is your judgment. That is your judgment. That is
Speaker 5: not the judgment of the press.
Speaker 6: They expressed concerns about your mental acuity.
Speaker 1: They say that you are too old, mister president.
Speaker 8: In December, you told me that you believe there are
Speaker 8: many other Democrats who could defeat Donald Trump.
Speaker 6: So why does it.
Speaker 5: Have to be you? Now? What is your answer? I
Speaker 5: was a qualified person in this country be president of
Speaker 5: the United States and finished the job I started.
Speaker 6: Do you believe.
Speaker 5: That I did not share classified information. I did not
Speaker 5: share it with my ghostriend. I did not guarantee you
Speaker 5: did not. Well, no, he did not say that. He
Speaker 5: did not say that. Let me answer you a question.
Speaker 5: The fact of the matter is what I didn't want
Speaker 5: repeat it. I didn't want him to not and I
Speaker 5: didn't read it to him. Was I had written a
Speaker 5: long memorandum to President Obama why we should not be
Speaker 5: in Afghanistan, and I was multiple pages, and so what
Speaker 5: I was referring to I said classified it. I should
Speaker 5: have said it was should be private because it was
Speaker 5: a contact between the president and the Vice president as
Speaker 5: to what was going on. That's what it is referring to.
Speaker 5: It was not classified information in that document. That was
Speaker 5: not classic.
Speaker 6: When you look back at this incident, is there anything
Speaker 6: you would do differently now? And do you think that
Speaker 6: a special prosecutor should have been appointed in the first
Speaker 6: place in both of these cases.
Speaker 5: First of all, what I would have done is oversee
Speaker 5: the transfer of the material that was in my office
Speaker 5: in my offices, I should have done that, if I
Speaker 5: go back on, I didn't have the responsibility that that
Speaker 5: was my staff was supposed to do that, and they
Speaker 5: referenced that in the report, and my staff did not
Speaker 5: do it in the way that. For example, I didn't
Speaker 5: know how half the boxes got in my garage until
Speaker 5: I found out staff gathered them up, put them together,
Speaker 5: and took them to the garage. In my home, and
Speaker 5: all the stuff that was in my home was in
Speaker 5: filing cabinets that were either locked or able to be locked.
Speaker 5: It was in my house. It wasn't out in like
Speaker 5: in mar A Lago, in a public place where and
Speaker 5: none of it was high classified, didn't have any of
Speaker 5: that red stuff on it, you know what I mean,
Speaker 5: around the corners, none of that. And so I wish
Speaker 5: I had paid more attention to how the documents were
Speaker 5: being moved and where I thought they would being moved
Speaker 5: to the archives. I thought all of us being moved.
Speaker 5: That's what I thought. Now, what was the last part
Speaker 5: of your question?
Speaker 6: Whether a special council should have been appointed in this
Speaker 6: case and in the case of your rival President.
Speaker 5: I think a special council should have been appointed. And
Speaker 5: the reason I think a special council should have been
Speaker 5: appointed is because I he did not want to be
Speaker 5: in a position that they looked at Trump and weren't
Speaker 5: going to look at me, just like they looked at
Speaker 5: the Vice president. And the fact is they made a
Speaker 5: firm conclusion I did not break the law. Period. Thank
Speaker 5: you all, very.
Speaker 1: Randy, Senator.
Speaker 2: You hear the president there, and he lied, by the way,
Speaker 2: he lied. He lied on tape. By the way, after
Speaker 2: he was out of the vice presidency, he's saying to
Speaker 2: his autobiographer, quote, the classified documents are in the basement.
Speaker 1: He knew this. And then he's acting like he's telling
Speaker 1: the truth.
Speaker 2: And there's those documents in his garage next to his
Speaker 2: corvette that he completely didn't even talk about there.
Speaker 3: Yeah, look, look, there is so much in that press
Speaker 3: conference that is revealing. Number One, you're right, the press
Speaker 3: has turned on him in his entire presidency. Joe Biden
Speaker 3: has never had a press conference remotely like that. They
Speaker 3: are suddenly asking the questions that millions of Americans have
Speaker 3: been asking since the day Biden became president and before that,
Speaker 3: and see the press turn on him is a big deal,
Speaker 3: I promise you. After this press conference, the White House
Speaker 3: team was horrified. They were terrified. They were going, oh crap,
Speaker 3: this has gone really, really badly, and these questions are
Speaker 3: not going away. And you know, he stated there that
Speaker 3: the Special Council concluded he did not violate the law.
Speaker 3: That is not remotely what the Biden Justice Department concluded.
Speaker 3: Let me read to the beginning of the report, the
Speaker 3: executive summary. It begins with, quote, we conclude that no
Speaker 3: criminal charges are warranted in this matter. We would reach
Speaker 3: the same conclusion even if Department of Justice policy did
Speaker 3: not foreclose criminal charges against a sitting president. Our investigation
Speaker 3: uncovered evidence that President Biden willfully retained and disclosed classified
Speaker 3: materials after his vice presidency when he was a private citizen.
Speaker 3: A note he said in that interview, I did not
Speaker 3: disclose him well. In the second paragraph of the report,
Speaker 3: it says, our investigation uncovered evidence that President Biden willfully
Speaker 3: retained and disclosed classified materials after his vice presidency, when
Speaker 3: he was a private citizens. These materials included I'm still
Speaker 3: reading from the report. These materials included one marked classified
Speaker 3: documents about military and foreign policy in Afghanistan and two
Speaker 3: notebooks containing mister Biden's handwritten entries about issues of national
Speaker 3: security and foreign policy, implicating sensitive intelligence sources and methods.
Speaker 3: By the way, sources and methods. What that means is
Speaker 3: this was sensitive enough that disclosing this could endanger the
Speaker 3: lives of covert operatives. That when you're disclosing sources and methods,
Speaker 3: it means you can reveal the identity of a spy,
Speaker 3: or it means you can reveal that, say, we have
Speaker 3: somebody's phone tap or with the ability to engage in surveillance.
Speaker 3: And so if you're revealing sources and methods, that's a
Speaker 3: big let me finish reading. FBI agents recover these materials
Speaker 3: from the garage, offices and basement den in mister Biden's Wilmington,
Speaker 3: Delaware home. However, for the reasons summarized below, we conclude
Speaker 3: that the evidence does not establish mister Biden's guilt beyond
Speaker 3: a reasonable doubt. Prosecution of mister Biden is also unwarded
Speaker 3: based on our consideration of the aggravating and mitigating factors
Speaker 3: set forth in the Department of Justices Principles of Federal Prosecution.
Speaker 3: For these reasons, we decline prosecution of mister Biden. Now,
Speaker 3: what are the reasons they say don't prosecute him. That
Speaker 3: one of the key reasons they rely on front and
Speaker 3: center is they say he's too damn old and can't
Speaker 3: remember anything, and so therefore you could not prosecute him.
Speaker 3: But I'm going to read from just a couple of
Speaker 3: pages later. This is again from the report. Mister Biden
Speaker 3: wrote his twenty seven and twenty seventeen memoirs with the
Speaker 3: help of a ghostwriter. In a recorded conversation with his
Speaker 3: ghostwriter in February twenty seventeen, about a month after he
Speaker 3: left office, mister Biden said, while referencing his two thousand
Speaker 3: and nine Thanksgiving memo, that he had quote just found
Speaker 3: all the classified stuff downstairs, so he expressed an awareness
Speaker 3: that it was classified materials. And by the way, they
Speaker 3: have this because they have the tape. So he's literally
Speaker 3: on tape admitting it. And it continues in the next paragraph.
Speaker 3: Evidence supports the inference that Winister Biden said in twenty
Speaker 3: seventeen that he had quote just found all the classified
Speaker 3: stuff downstairs in Virginia. He was referring to the same
Speaker 3: marked classified documents about Afghanistan that FBI agents found in
Speaker 3: twenty twenty two in his Delaware garage. Now, notice they
Speaker 3: say marked classified documents. He said, well, gosh, I didn't
Speaker 3: know it was classified. If it's marked, it has its
Speaker 3: stamped right off. But they go on to say none. Nonetheless,
Speaker 3: we do not believe this evidence is sufficient, as jurors
Speaker 3: would likely found reasonable doubt for one of several reasons.
Speaker 3: And they go on to say several defenses are likely
Speaker 3: to create reasonable doubt. For example, mister Biden could have
Speaker 3: found the classified Afghanistan documents at his Virginia home in
Speaker 3: twenty seventeen and then forgotten about them soon after. So
Speaker 3: he's just so old and senile that he's like, oh,
Speaker 3: classified documents?
Speaker 5: What what?
Speaker 1: I'm sorry?
Speaker 3: What was I talking about? I mean, that's reason number one.
Speaker 3: While they don't prosecute him, they go on to say
Speaker 3: another viable defense, Another viable defense is that mister Biden
Speaker 3: might not have retained the classified Afghanistan documents in his
Speaker 3: Virginia home at all, they might have been stored by
Speaker 3: mistaken without his knowledge. But then they say, given mister
Speaker 3: Biden's limited precision and recalled during his interviews with his
Speaker 3: ghostwriter and with our office, so notice the ghostwriters back
Speaker 3: in twenty seventeen and with our offices this past year,
Speaker 3: jurors may hesitate to place too much evidentiary weight on
Speaker 3: a single eight word utterance to his ghostwriter about finding
Speaker 3: classified documents in Virginia in the absence of other more
Speaker 3: direct evidence. And they go on to say, we have
Speaker 3: also considered that at trial, mister Biden would likely present
Speaker 3: himself to a jury as he did during our interview
Speaker 3: of him, as a sympathetic, well meaning elderly man with
Speaker 3: a poor memory. Based on our direct interactions with and
Speaker 3: observations of him, he is someone for whom many jurors
Speaker 3: will want to identify reasonable doubt it would be difficult
Speaker 3: to convince a jury that they could convict him, by then,
Speaker 3: a former president well into his eighties, of a serious
Speaker 3: felony that requires a mental state of wilfulness. Now stop
Speaker 3: and think this is the Department of Justice saying you
Speaker 3: couldn't convince a jury he is capable of a mental
Speaker 3: state of wilfulness. That's a big damn deal.
Speaker 1: Real quick.
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Speaker 2: I have like fifteen different questions and I want to
Speaker 2: go semi rapid fire with you, Senators. So when this
Speaker 2: first came out and I read what you just read
Speaker 2: to the audience, the first thing I thought was, Yes,
Speaker 2: this is damning of the President United States of America.
Speaker 2: But this also lays a massive pretense down that Joe
Speaker 2: Biden cannot be held accountable for any of his crimes.
Speaker 2: He's committed, any of the money that's come in from China, Russia, Ukraine,
Speaker 2: any of the money laundering with a Biden crime family
Speaker 2: and all these lcs, and it couldn't be held accountable
Speaker 2: for any of the suspicious activity reports because they just
Speaker 2: gave the precedent that they couldn't hold them account for this. So,
Speaker 2: in a weird way, is this the Justice Department basically saying, look,
Speaker 2: we know what's coming down the shoot, we know how
Speaker 2: bad it is. We we know what's going to happen
Speaker 2: with impeachment, we know what's happened with the Republican investigations.
Speaker 2: So we're gonna give him an out right now to
Speaker 2: spare him. Is that a real possibility?
Speaker 3: Listen, this is a basis if someone's not competent to
Speaker 3: stand trial. This is a basis that can that can
Speaker 3: keep him prevent him from liability for any criminal offense.
Speaker 3: That is absolutely a basis that's not limited to classified documents.
Speaker 3: And to be fair, they didn't find he is the
Speaker 3: standard of being incompetent to stand trial is an exceptionally
Speaker 3: high standard. What they said is he's so old and
Speaker 3: senile that you couldn't convince a juror that he was
Speaker 3: capable of acting willfully, that you couldn't prove that he
Speaker 3: had the men'sraa, the intent to commit a crime. Well,
Speaker 3: if that's true, that's as true about documents as it
Speaker 3: is about anything else. But if that is true, he
Speaker 3: shouldn't be in the Oval office with his finger on
Speaker 3: the button.
Speaker 1: Number two. This concerned me even more.
Speaker 2: Biden's lawyers apparently wrote to the special prosecutor her asking
Speaker 2: that he revised descriptions of the president's memory, notable given
Speaker 2: voter concerns about his mental capacity. Now, when I read that,
Speaker 2: I thought, Okay, this is a full blown cover up
Speaker 2: on a level that we've never seen from the White House,
Speaker 2: including Watergate, by a president's staff, by the president's lawyers
Speaker 2: saying to the special counsel, you got to take out
Speaker 2: all the bad stuff here because he's running for re election.
Speaker 1: How the hell is that not a massive story of
Speaker 1: cover up on its own.
Speaker 3: Yeah, look, this is damage control, and it's bad damage control,
Speaker 3: and it's out in the open, and they got caught,
Speaker 3: and it shows these guys are terrified. They understand that
Speaker 3: if Joe Biden is the Democrat nominee in November, there
Speaker 3: are going to be two things that you're going to
Speaker 3: see on teas the ads all over America. Number One,
Speaker 3: and we talked about this on a podcast last week.
Speaker 3: The image of illegal aliens walking out of jail in
Speaker 3: New York City after having beaten up two New York
Speaker 3: police officers being released with no bail and then flipping
Speaker 3: the bird with both hands at the American people. That image,
Speaker 3: if Republicans are even marginally competent, will be played to
Speaker 3: the American people millions of times. And secondly, the quote
Speaker 3: that he is a sympathetic elderly man with an exceptionally
Speaker 3: poor memory, that from the Biden Department of Justice, that
Speaker 3: will be quoted over and over again. That he could
Speaker 3: not remember when he was vice president. That is an
Speaker 3: enormous problem, and so his lawyers are desperately trying to
Speaker 3: engage in damage control, saying, please, don't say to the
Speaker 3: American people what is obvious for anyone who's watching to see.
Speaker 2: Let's talk about the politics now of this, because you
Speaker 2: and I witnessed it for the first time in his way,
Speaker 2: we played it for everybody listening. The White House Press
Speaker 2: Corps turning on him, this is something he's never experienced.
Speaker 2: In fact, I want to play for you just an
Speaker 2: example of how quick CNN turned on him. You would
Speaker 2: have thought they were talking about Donald Trump, except they
Speaker 2: were talking about Joe Biden.
Speaker 1: Take a listen to this from CNN.
Speaker 8: Ultimately, what Robert Hurst says in this report is essentially
Speaker 8: the technical elements of a crime. It appears Robert Hurst saying,
Speaker 8: we're met. But what he ends up doing is looking
Speaker 8: at the soft factors, and you're allowed to do that.
Speaker 8: You have to do that as a prosecutor. And he
Speaker 8: takes into consideration things like what he says, and maybe
Speaker 8: this is overstated, maybe not on leave that to the
Speaker 8: political folks, but he says, essentially, Joe Biden would have
Speaker 8: created a sympathetic picture in front of a jury.
Speaker 3: He had memory.
Speaker 8: Issues, he had age issues, and that goes into did
Speaker 8: he was he able to form the mental intent here?
Speaker 2: That's CNN and they weren't done there. They also then
Speaker 2: went on to say that Joe Biden was an essence
Speaker 2: a liar at his press conference.
Speaker 8: Here's this That is what blew my mind about Joe
Speaker 8: Biden's statement SEP. Two major things he just outright contradicts
Speaker 8: or is contradicted by. However you look at this this report,
Speaker 8: there are two things he said that are completely the
Speaker 8: opposite of what Robert Hurr found. And who do you
Speaker 8: believe is up to I guess the individual consumer. First,
Speaker 8: Joe Biden says, I did not act wilfully. Wilfully just
Speaker 8: means voluntarily intentionally. Well, the second sentence of this whole
Speaker 8: summary says President Biden willfully retained and disclosed classified materials.
Speaker 8: The facts in here show it was wilful. He knew,
Speaker 8: he talked about it. And the second thing he says
Speaker 8: is I did not disclose classified documents to my ghostwriter.
Speaker 1: Page three says that he did that.
Speaker 8: He says, mister Biden shared information, including some classified information
Speaker 8: from those notebooks.
Speaker 2: Senator I watched that on CNN and I said, holy crap,
Speaker 2: they're turning on him, and this is the end of
Speaker 2: Joe Biden's presidency. As we know, they're trying to offload
Speaker 2: him in real time because of this report, saying here
Speaker 2: it is let's take him out.
Speaker 3: Yeah. Look, this is a massive problem, and it's not
Speaker 3: a problem that goes away in a day or two,
Speaker 3: or a week or a month. This is a problem
Speaker 3: that continues every day Joe Biden remains in the presidency.
Speaker 3: I'll also point out something else, which is this report
Speaker 3: implicitly exonerates Donald Trump, which is an enormous problem for
Speaker 3: Biden as well, because look, one of their big marquee
Speaker 3: cases against Trump now they're prosecuting him for damn near everything,
Speaker 3: including late library books. But one of their marquee cases
Speaker 3: is that Trump possessed classified documents in mar Laga. And
Speaker 3: let me read again from the report, this is what
Speaker 3: they say about Biden quote. Contemporary evidence suggests that when
Speaker 3: mister Biden left office in twenty seventeen, he believed he
Speaker 3: was allowed to keep the notebooks in his home. In
Speaker 3: a recorded conversation with his ghostwriter in April twenty seventeen,
Speaker 3: mister Biden explained that, despite his staff views to the contrary,
Speaker 3: he did not think he was required to turn in
Speaker 3: his note cards to the National Archives, where they were
Speaker 3: stored at a skiff, and he had not wanted to
Speaker 3: do so. At trial, he would argue plausibly that he
Speaker 3: thought the same thing about his notebooks. If this is
Speaker 3: what mister Biden thought, we believe he was mistaken about
Speaker 3: what the law permits. But this view finds some support
Speaker 3: in historical practice. The clearest example is President Reagan, who
Speaker 3: left the White House in nineteen eighty nine with eight
Speaker 3: years worth of handwritten diaries, which he appears to have
Speaker 3: kept in his California home, even though they contained top
Speaker 3: secret information. During criminal litigation involving a former Reagan administration
Speaker 3: official in nineteen eighty nine and ninety, the Department of
Speaker 3: Justice stated in public court filings that the quote currently
Speaker 3: classified diaries were mister Reagan's quote, personal records. Yet we
Speaker 3: know of no state the Department or other agencies took
Speaker 3: to investigate mister Reagan for handing, mishandling classified information or
Speaker 3: to retrieve or secure as diaries. Most jurors would likely
Speaker 3: find evidence of this precedent and mister Biden's claimed reliance
Speaker 3: on it, which we expect would be admitted at trial,
Speaker 3: to be compelling evidence that mister Biden did not act
Speaker 3: wilfully as with the marked classified documents. Because the evidence
Speaker 3: is not sufficient to convict mister Biden for wilfully retaining
Speaker 3: the notebooks, we decline prosecution. Now that entire passage, you
Speaker 3: could write word for word and simply replace the word
Speaker 3: Biden with Trump, and it would be a major defense
Speaker 3: for Trump. And this incoherence, the Department of Justice is
Speaker 3: going to have a nightmare, because I promise you Trump's
Speaker 3: defense lawyers are going to quote that back at them
Speaker 3: and say, you know what, the Department of Justice was
Speaker 3: right and if they were right about Biden. By the way,
Speaker 3: on this podcast, we walk through how the historical precedent
Speaker 3: was president after president after president had kept documents, including
Speaker 3: President Reagan, including President Obama, including President Clinton. We walked
Speaker 3: through the history. That's what the Department of Justice just
Speaker 3: concluded as their reason not to prosecute Biden. And the
Speaker 3: obvious screaming question is, well, then why do you go
Speaker 3: after the opposing party other than because you are politically
Speaker 3: trying to stop the voters from voting for the other guy.
Speaker 1: Let me just say this.
Speaker 2: You look at the headlines right now, it's pretty clear
Speaker 2: that the world is going crazy. It's up in flames.
Speaker 2: Bidenomics is a complete and total disaster. And I try
Speaker 2: to make sure that every day when I wake up,
Speaker 2: that doesn't ruin my day. Now, most of you know,
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Speaker 2: You go back to politics of this for a second,
Speaker 2: and I can only imagine how stressed out White House
Speaker 2: staff is tonight. I'm sure you agree with me. It's
Speaker 2: one o'clock in the morning right now as you.
Speaker 3: Are, they're all awake. Nobody is They're.
Speaker 1: All awake, yeah, and they're probably at the White House. Still.
Speaker 2: They lost Democrats today, and they lost the media today,
Speaker 2: and now it's got to feel like you're either inside
Speaker 2: the inner circle of Team Biden to prop him up
Speaker 2: and protect him, and now the Democrats seem to be
Speaker 2: circling the wagon. In your opinion, is this the beginning
Speaker 2: of the end of the Biden presidency? Do you think
Speaker 2: he actually makes it to election day because he's going
Speaker 2: to dig in That was clear from the press conference tonight.
Speaker 2: But it looks like and this could change, but as
Speaker 2: of one am right now, it looks like Democrats are
Speaker 2: saying it's a fish. So we are not going to
Speaker 2: support Joe Biden in this president to run any longer.
Speaker 1: We got to figure out how to offload him.
Speaker 3: Look, I think the odds remain very low that he
Speaker 3: steps down before the end of his term. I think
Speaker 3: as long as he is able to stand vertically and
Speaker 3: not fall over, he is going to finish out this year.
Speaker 3: That being said, as I said at the beginning of
Speaker 3: this pod, I think the odds that the Democrats push
Speaker 3: him aside and replace it with Michelle Obama about sixty
Speaker 3: five to thirty five, or put it in another way,
Speaker 3: it's about two to one. Now more likely than not
Speaker 3: that the Democrats decide this guy cannot be our nominee
Speaker 3: in November.
Speaker 2: One other question I do want to ask you, does
Speaker 2: this change the way that Republicans investigate Joe Biden? Knowing
Speaker 2: that the DOJ is now basically said, you can't charge
Speaker 2: this guy with anything, or we're not going to charge
Speaker 2: this guy with anything. If they wouldn't do it now,
Speaker 2: why would they change that logic moving forward? How does
Speaker 2: that change the way that James Comer and Jim Jordan
Speaker 2: are doing their investigations And should it change the way
Speaker 2: they're doing their investigations at all?
Speaker 3: It shouldn't, and I don't think it will. And as
Speaker 3: we've discussed at great length on this podcast, the evidence
Speaker 3: of Joe Biden's corruption, of his deliberately selling favors from
Speaker 3: the Vice President of the United States to foreign oligarchs,
Speaker 3: to Russian oligarch's, Ukrainian oligarchs, Chinese communists for millions and
Speaker 3: millions of dollars, that evidence is very significant, and it
Speaker 3: is repeated evidence not only of doing so, but doing
Speaker 3: so willfully, doing so deliberately, and then aggressively covering it
Speaker 3: up and lying about it. And I think we will
Speaker 3: see the House continue to lay out that evidence and
Speaker 3: to lay it out at great length. And I would
Speaker 3: point out Number one, an immediate step for that potentially
Speaker 3: is impeaching Joe Biden. And the Department of Justice doesn't
Speaker 3: get a vote on whether or not to impeach Joe Biden.
Speaker 3: But number two, whether or not whether or not Biden
Speaker 3: gets prosecuted for bribery is ultimately not going to be
Speaker 3: a question decided by this Department of Justice. The chances
Speaker 3: that Merrick Garland brings charges are zero point zero zero percent.
Speaker 3: He is acting, and he has acted his entire tenure
Speaker 3: like a political operative who works for the DNC. So
Speaker 3: Merrick Garland's not going to do it. And indeed, there
Speaker 3: is considerable evidence underscored by two IRS whistleblowers who are
Speaker 3: career employees and Democrats, that Merrick Garland actively lied to
Speaker 3: Congress under oath, committed felonies, and obstructed justice. So with
Speaker 3: or without this report, this DOJ was never going to
Speaker 3: prosecute Joe Biden. That being said, if the House continues
Speaker 3: to lay out the evidence and we have a Department
Speaker 3: of Justice that is not controlled by Joe Biden, if
Speaker 3: there's a Trump Department of Justice and there is real
Speaker 3: evidence of bribery and corruption of Joe Biden and Hunter
Speaker 3: Biden and the extended Biden family, I think the possibility
Speaker 3: of prosecution is real and significant.
Speaker 2: One other question, and this is something that I think
Speaker 2: so many Americans want to know. When you see this
Speaker 2: report that just came out and you see the cognitive
Speaker 2: decline and what they're stating in this report there, you
Speaker 2: got to ask this question, who is running this country
Speaker 2: right now? Because if it is as bad as this
Speaker 2: special prosecutor is saying, it is behind closed doors, and
Speaker 2: we know how this media has propped him up and
Speaker 2: protected him, and we know how the White House is
Speaker 2: limited as schedule, he sleeps in the morning, he works
Speaker 2: usually between I think they said what noon and four.
Speaker 2: He's not doing big events. He's getting the name of
Speaker 2: leaders wrong now and when there who's alive and who's
Speaker 2: dead now on a regular basis, that's happened three times
Speaker 2: in the last three days. Who is running the country, Senator?
Speaker 2: And does that concern you as well. So I can
Speaker 2: I tell you. I get asked that question regularly. I
Speaker 2: got asked that question tonight. Every week someone asks me
Speaker 2: who's running the White House? Who's running the government. The
Speaker 2: honest answer, and this is really scary.
Speaker 1: I don't know.
Speaker 3: I genuinely don't know. I have a theory. I think
Speaker 3: it is Barack Obama, but I can't prove that. I
Speaker 3: don't know that to be a fact. It's just that
Speaker 3: that there are various data points, including the fact that
Speaker 3: Obama remained in DC, something no president in modern times
Speaker 3: is done. He's regularly in d C. He's regularly holding court,
Speaker 3: he's meeting with Democrats, he's meeting with members of the
Speaker 3: administration at his house. And so I think it is
Speaker 3: likely Obama, but I can't prove that. I just know
Speaker 3: it's not Joe Biden. So it is some combination of
Speaker 3: Obama and other senior White House officials and people like
Speaker 3: Bernie Sanders and Elizabeth Warren and AOC. But the candid
Speaker 3: answer is I have no idea.
Speaker 1: One of two things is for sure.
Speaker 2: Either the media is gonna calm down the next couple
Speaker 2: of days, or they're going to keep going after him
Speaker 2: and that can change an awful lot. If he does
Speaker 2: continue to lose the media, We're going to keep covering
Speaker 2: it here. Don't forget. We do the show Monday, Wednesday
Speaker 2: and Friday. Make sure you hit that follow, subscribe or
Speaker 2: auto download button wherever you're listening. I will keep you
Speaker 2: updated on my podcast, the Ben Ferguson Podcast in those
Speaker 2: in between days, as so much news is breaking right now,
Speaker 2: so make sure you download my podcast as well, the
Speaker 2: Ben Ferguson Podcasts and The Senator and I will see
Speaker 2: you back here on Saturday for the weekend review, plus
Speaker 2: next week on Monday.
Speaker 1: Have a great night.