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Hawley says Garland should invoke 25th Amendment if DOJ declines to charge Biden: ‘One or the other’

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Sen. Josh Hawley (R-Missouri) declined to indict President Joe Biden after Justice Department Special Counsel Robert Hur accused him of mishandling classified documents due to his mental state. Attorney General Merrick Garland said we are at a crossroads.

After a months-long investigation, Mr. It concluded that the criminal charges were not warranted. President Huh and his team said:[i]It would be difficult to convince a jury that the former president, who was already in his 80s at the time, should be convicted of serious felonies that require intentional insanity. ”

Hawley, who also served as Missouri’s attorney general from 2017 to 2019, said Friday that Garland’s decision to not prosecute the president and refuse to invoke Section 4 of the 25th Amendment, which allows for bad behavior, “is a two-way street.” I can’t deal with it.” The President and a majority of the President’s Cabinet or Congress decide whether the President is unable to perform his duties.

“I’m calling [Garland] We should now publicly do what we deem necessary based on the laws of the Constitution. . . Either they will indict the president, or the president will go to his cabinet and say, “I think we have to invoke the 25th Amendment.” He has to do one or the other,” Hawley said in an interview on FOX News Digital.

Biden says memory is ‘okay’, calls president ‘the most qualified person in this country’

Senator Josh Hawley (left) and Attorney General Merrick Garland. (Getty Images)

“Otherwise, it just confirms what everyone thinks there are two levels of justice and that Garland himself is completely complicit in the corruption of this administration,” Hawley said.

Hawley noted that all prosecutors must consider whether they can obtain a conviction, which ultimately influences the decision to prosecute.

But in Hawley’s view, what’s “unique” about Herr’s case is that while concluding that the elements of a crime existed, he chose not to prosecute based on the president’s mental state.

“He concluded that there were elements of a crime, that the president knowingly kept classified information and released it and knew it. “He made it very clear that he knew, and this is something that was undone, not just over a few months, but over years and decades, and he did it on purpose.” Holly says.

“But he ultimately recommended no indictment, not because he was not indicted, but because Biden was fundamentally mentally unfit to be indicted. Because he doesn’t think he can pass a sentence. He’s very mentally unstable,” Hawley added.

Biden says he doesn’t remember his son Beau’s death when he was vice president during interviews with special counsel.

U.S. Attorney General Merrick Garland

Attorney General Merrick Garland (Chip Somodevilla/Getty Images)

Garland has final authority on whether to agree to Heo’s recommendations or file charges against the president.

The Department of Justice did not immediately respond to Fox News Digital’s request for comment.

Hawley said Garland’s “only recourse” if he decides not to prosecute is that the Justice Department “pointed out that it sued former President Donald Trump for exactly the same reasons” and that the rest of Biden’s Cabinet He said his goal was to invoke the 25th Amendment.

“That can’t happen… ‘He’s perfectly qualified to continue, but we’re not going to prosecute him.’ So it’s the most brazen miscarriage of justice and a degradation of the rule of law,” Hawley said. criticized.

President Trump asks Justice Department to ‘immediately’ drop charges against him in classified documents case after Biden ruling

President Biden in the Oval Office

At a press conference late Thursday night, President Biden defended his re-election campaign, saying his memory was “fine” and that he was “the most qualified person in this country to be president.” (Chris Kleponis/CNP/Bloomberg via Getty Images)

President Biden addressed the report in a press conference late Thursday night, saying his memory was “fine,” defending his re-election campaign and adding that he was “the most qualified person in this country to be president.” .

Mr. Hoar described Mr. Biden as a “sympathetic, well-meaning, older man with a poor memory.”

Biden said Thursday night that he agrees.

“I mean well, I’m old, I know what I’m doing,” Biden said. “I became president. I got this country back on its feet. I don’t need his recommendation.”

Biden added: “My memory is fine.”

This image from the Special Council Robert Hur investigation released by the Department of Justice on Thursday, February 8, 2024, shows Joe Biden's garage storage closet in his Delaware home on December 21, 2022. Masu.

This image from Special Counsel Robert Hur’s investigation released by the Department of Justice on Thursday, February 8, 2024, shows Joe Biden’s garage storage closet in his Delaware home on December 21, 2022. There is. (U.S. Department of Justice)

Meanwhile, Mr. Xu said in his report that Mr. Biden could not recall important details during his meetings with the special counsel team, including his time as vice president.

“In interviews with our office, Mr. Biden’s memory was even worse,” the report said. “He doesn’t remember when he was vice president, and he forgets the first day of the interview at the end of his term (“If it was 2013, when did you stop being vice president?”) and the interview I forgot about it on the second day. when his term began (“2009, Will I Still be Vice President?”).

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“He did not remember when his son Beau died, even years later,” the report continued. “And his memory was hazy when describing the Afghanistan controversy, which was once so important to him, especially with General Carl Eikenberry, even though General Eikenberry was actually an ally. “I mistakenly said that there was a ‘huge difference’ between my views and his,” Biden quoted the approving words in his Thanksgiving memo to President Obama. ”

“If the government had to prove that Biden knew he was in possession of classified Afghan documents after becoming vice president and knowingly chose to preserve those documents in violation of the law, then I “We expect his lawyers to emphasize at trial that his recollection has these limitations,” the report said.

The White House did not immediately respond to Fox News Digital’s request for comment.

Hawley’s comments came after Rep. Claudia Tenney, R-N.Y., sent a letter to Garland Thursday night sharing her “grave concerns” following Haw’s report.

“After concluding that President Biden intentionally and intentionally repeatedly deleted, mishandled, and disclosed classified documents over several decades, we still recommended no charges,” Tenney wrote. “The special counsel’s reasoning was astonishing.”

Fox News Digtial’s Brooke Singman contributed to this report.

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