During his recorded interviews with the ghost riter in 2017 and during his interview with the special council’s office in 2023 you also expressed concern that respective jurors would be persuaded by President Biden’s presentation as a sympathetic well-meaning elderly man with a poor memory your assessment however was focused on how President
Biden would currently present to a jury if he stood trial is that correct that was an element of my explanation to the attorney general for my decision it was not the only element okay that wasn’t my question but it was one of the things that we were considering was his current
State of mind his current memory correct one of the things that I considered would be how if a trial whenever a trial theoretically were to be held how President Biden would present himself to the jury if he elected to testify okay you did not compare President Biden’s current memory or condition with his
Memory or condition when he was in the senate or when he left the vice presidency and took the classified document subject to your investigation is that right actually I believe that’s not correct congresswoman one of the things that’s in the in the report is an assessment of um the president’s memory
Based on recordings from the 2016 2017 time frame recordings of conversations between Mr Biden and his ghost riter and comparing that with the president’s memory that he exhibited during our interview of him in October of 2023 so there was a comparison there okay so but in unless there was some issue
Undisclosed to the American people during his 50 years in office you found that Mr Biden fully understood his legal responsibility related to the handling of classified materials which is why you concluded in your report that Mr Biden quote willfully retained and disclosed classified materials after his vice
Presidency when he was a private citizen you state that on page one correct I believe that what I stated on page one was that we identified evidence that Mr Biden willfully retained classified information after the end of his vice presidency But ultimately we concluded that the evidence was insufficient to Warrant I understand
That I please listen to my question what what I’m getting at is that Mr Biden fully understood that he could not keep classified information at his home as both a former Senator and vice president isn’t that right he understood that correct my understanding is that based on the evidence um my assessment was
That a jury that isn’t what my question was please listen to my question my question was that Mr Biden understood when he was a Senator and vice president that he could not keep class ified materials at his home at his garage and in other offices is that fair I don’t
Think that’s accurate congresswoman because when Mr Biden was vice president he was authorized to have class classified material in his home but after he left he knew that he was not entitled to keep classified information at his home correct after he left there is evidence to suggest that he knew that
He could not legally have classified information his home however there is evidence with respect to his notebooks that he believed he was authorized to keep the notebooks at home based on precedent based on precedent you know I I guess the way that I would put it is
This um President Biden knew better he knew that he wasn’t entitled to keep these documents from the when when he when he was a Senator and he knew he wasn’t entitled to keep these documents after he had left the vice presidency but because he’s now suffering from an
Impaired memory as you so delicately put it he got away with it is that fair congresswoman what what I stated my in my report is that there’s certainly evidence that some jurors could could infer to suggest that Mr Biden willfully retained and disclosed National Defense information but in my judgment the
Likely outcome of a trial the probable outcome of a trial not a conviction I have represented a variety of clients over the years in actions against the federal government over in fact several decades of time it’s been my experience that the federal government the doj specifically has essentially unlimited
Resources to go after and prosecute citizens and will spare absolutely no expense in doing so it has also been my experience that the doj is not o only overly aggressive in these cases but makes it clear that part of the reason for such aggression is to make an
Example of the poor soul who is the subject of such action in other words so that other people will not engage in the same kind of conduct Mr her having been a long-term doj prosecutor can you please explain why those people without the last name of Clinton or Biden are
Typically treated quite differently and seem to be the only ones who are never held accountable for violating the law congresswoman one of the things that I explain in my report is the fact that there are historical precedents with respect to former occupants of the White House and their retention of classified
Materials after they leave I’m asking specifically about Mrs Clinton and Mrs Hillary Clinton and and Joe Biden congresswoman I I don’t have any um opinion to articulate with respect to the investigation relating to Mrs Clinton I yeld back gentoman from Texas is recognized