LARRY KUDLOW: The Biden presidency is broken

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The 1 constituent successful nan Biden Special Counsel study that has not received capable attraction is nan truth that U.S. senators and vice presidents do not person immoderate ineligible authority to return classified documents pinch them, aliases return them home, aliases return them to their caller backstage office. 

Period. Full stop. It is illegal. This constituent is important to nan full chat of nan Robert Hur Special Counsel report. Let maine quote nan awesome Victor Davis Hanson: "Special Counsel Robert Hur conscionable recovered Joe Biden was blameworthy of violating nationalist information laws successful removing classified documents – aft examining past Senator and Vice President Biden's immoderate 15 twelvemonth wont of removing classified files to his offices and residences, where they were stored successful unsecured fashion. Period. End of story. 

Victor goes connected to say, "Biden has nary putative right, arsenic did Trump arsenic president to declassify files he took home Trump's Mar-A-Lago walled and surveyed property was acold much unafraid than Biden's rickety garage." 

Mr. Trump was covered by nan Presidential Records Act. That gives him authority to declassify documents and to carrier them into a safe and unafraid location. Only presidents person that authority. No 1 other has it. 


Therefore, what Mr. Biden did was unlawful for a play of 15 years, taking documents from nan Senate and nan vice presidency. The rule further states that if you want to usage classified documents for a book aliases whatever, he tin publication them successful a unafraid SCIF successful nan National Archives building. 

Now, nan Hur study does opportunity that Biden knew he had possession of nan classified Afghanistan documents aft nan vice presidency and chose to support those documents knowing he was violating nan law. The Hur report, successful fact, states that Biden discovered these classified documents backmost successful 2017, erstwhile he was discussing nan taxable pinch his shade writer.  

So, erstwhile Biden and his group opportunity a twelvemonth agone they abruptly discovered classified documents successful his car shed and they rushed pell-mell to show nan Justice Department and nan Archives and anyone other that would listen... This is conscionable different Biden untruth. He's known for years and he had been pulling this instrumentality for 15 years, going backmost to his Senate days. 

Of course, nan double modular present is that Donald Trump was accused of willfully retaining classified materials, but nether nan Presidential Records Act he didn't do thing wrong. It’s a two-tiered justness system. Now, erstwhile charismatic Andy McCarthy argues that "if you're astatine nan constituent wherever you're saying what a assemblage would assess, what that intends is you person drawn nan conclusion that location is capable grounds to indict nan personification and capable grounds possibly to fto nan assemblage determine nan case." 

This is simply a cardinal insight. Robert Hur’s musings astir imaginable juries benignant of reminds you of James Comey’s merry-go-round pinch Hillary Clinton. Just saying. Then, of course, regarding nan Hur report’s explanation of Biden's alleged constricted memory, which would someway get him disconnected successful beforehand of a jury, that raises nan constituent -- if you can't retrieve thing and if you support confusing everything, events, people, dates… How tin you beryllium president and commandant successful chief? 

Again, I move to Andy McCarthy, who said Hur's findings incorporate grounds to invoke Section 4 of nan 25th Amendment, which empowers nan vice president, on pinch nan mostly of those successful nan Cabinet, to region a president from agency if he aliases she is judged to beryllium incapable of fulfilling statesmanlike duties. "His fittingness for agency is simply a awesome rumor here," McCarthy told Fox News. All nan Biden White House attempts to discredit nan Hur study are going to autumn connected deaf ears astir nan country. Joe Biden is successful a heap of problem and he's trying to untruth his measurement retired of it, but I will foretell -- it will not work. The Biden presidency is broken. 

This article is adapted from Larry Kudlow’s opening commentary connected nan February 9, 2024, version of "Kudlow."