Republican Rep. Claudia Tenney is calling for the Cabinet to “explore” the use of the Constitution’s 25th Amendment to remove President Biden from office, following Special Counsel Robert Hur’s “alarming” report.
Hur did not recommend criminal charges against the president for mishandling classified documents. Those records included classified documents about military and foreign policy in Afghanistan, among other records related to national security and foreign policy which Hur said implicated “sensitive intelligence sources and methods.”
Hur, though, described Biden as a “sympathetic, well-meaning, elderly man with a poor memory.” Hur, throughout the more than 300-page report, said “it would be difficult to convince a jury that they should convict him” of a serious felony “that requires a mental state of willfulness,” and said he would be “well into his eighties.”
Fox News Digital obtained a letter Tenney, R-N.Y., sent to Attorney General Garland Thursday night, sharing her “grave concerns” following the report.
“After concluding that President Biden knowingly and willfully removed, mishandled, and disclosed classified documents repeatedly over a period of decades, Mr. Hur nevertheless recommended that charges not be brought against him,” Tenney wrote. “Special Counsel’s reasoning was alarming.”
Tenney added: “He recited numerous instances in which President Biden exhibited dramatically compromised mental faculties and concluded that a jury would be likely to perceive President Biden as a sympathetic and forgetful old man.”
Tenney said she “need not tell you that selective prosecution is morally, ethically, and legally prohibited.”
“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.”
Tenney said the DOJ “cannot ethically bring charges against former President Trump because he has mental acuity and a forceful personality, and decline to bring charges against President Biden because of his cognitive decline.”
Tenney said Biden “needs to be charged, unless he is not mentally competent to stand trial.”
“Candidly, Special Counsel’s report makes a reasonable case that he is not,” Tenney said.
“Being unable to remember what position he held, and when, is exceptionally concerning. Being unable to remember when one’s child died – even within a time frame of several years – is perhaps more a more damning reflection of his mental impairment.”
Tenney went on to say that Biden “most seemingly lacks the ability to execute his presidential responsibilities.”
“So it is incumbent upon you to explore proceedings to remove the President pursuant to the 25th Amendment to the United States Constitution,” Tenney wrote. “President Biden needs to be charged, or he needs to be removed.”
She added: “There is no middle ground.”
The 25th Amendment can be invoked by the Cabinet if the president becomes disabled to such a degree that he cannot fulfill his responsibilities.
Biden, on Thursday night, though, addressed the nation saying his memory is “fine” and defended his re-election campaign, saying he is the “most qualified person in this country to be president.”
Meanwhile, Hur, in the report, said Biden, during his interview with the special counsel’s team, could not remember key details, such as when he was vice president.
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