LARRY KUDLOW: Why was President Biden not charged in the classified documents case?

It sure looks like a weaponized two-tiered justice system, where Donald Trump was charged with 40 criminal counts and Joe Biden charged with being a "sympathetic, well-meaning, elderly man with a poor memory" and, oh, by the way, no criminal counts against Biden. 

In the Robert Hur report, here is one of the conclusions: "Still, in a case where the government must prove that Mr. Biden knew he had possession of the classified Afghanistan documents after the vice presidency and chose to keep those documents, knowing he was violating the law, we expect that at trial, his attorneys would emphasize these limitations in his recall." 

The report goes on to say: "Mr. Biden's apparent lapses and failures in February and April 2017 will likely appear consistent with the diminished faculties and faulty memory he showed in Zwonitzer's interview recordings and in our interview of him." 

So, why was former President Trump charged, while former Senator and Vice President Biden not charged? Here's a key point: Trump as president had the authority to take documents with him and then hold them in safekeeping in his possession. Biden as senator and vice president had no such authority. 

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He broke the law. As far as sloppy handling of classified documents, my first point is that Biden shouldn't have had the documents in the first place. My second point is that Mr. Trump may have been guilty of sloppy handling -- no one can know for sure because it's all hearsay – but, if he waved some document in front of a visitor, he didn't let the visitor read the document nor was he ever selling documents to foreigners. 

All these are political reasons why this whole Special Counsel Jack Smith indictment of Trump is a political hoax. A politically motivated attack to prevent Trump from winning the election while serving in jail for 700 years and you can bet that all this lawfare sabotage against Trump was ginned up right smack in the Oval Office and passed down to the Merrick Garland Justice Department, just like the bogus New York and Georgia cases.  

We can also bet that while Mr. Hur and his superiors in the Justice Department and the White House may not have intended any problems with their report, and of course tried to minimize the significance of any problems, the reality is this report blows the lid on off of the Trump charges and the Biden illegalities. 

What’s more, Mr. Biden is not in possession of all his marbles, and he shouldn’t be running for President again. Pure and simple. Finally, about a year ago, I interviewed former vice President Mike Pence shortly after the Trump classified docs attack began and here is what the former Vice President said. Take a listen: 

MIKE PENCE – JANUARY 2023: "As a former vice president, Joe Biden had had no authority to declassify documents or to retain them in his in his possession."

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So, there you have it. It would be nice to hear some other former vice presidents, presumably with their memories intact, to back up what Pence said, but the fact that Mr. Biden doesn't have all his marbles, as the Hur report clearly shows, is no excuse to let him off the hook. 

The fact that, from Joe Biden on down, the Biden team is trying to sabotage this presidential election through a phony, undemocratic, unconstitutional lawfare campaign is an absolute disgrace. 

This article is adapted from Larry Kudlow’s opening commentary on the February 8, 2024, edition of "Kudlow."