It\u2019s been a while since I spent a day watching Congressional hearings.\u00a0\u00a0I remember the \u201cbad old days\u201d. FBI Director James Comey excoriated by both sides over the Hillary Clinton decision. Michael Cohen giving us the \u201cinside scoop with receipts\u201d on the workings of the Trump Administration.\u00a0\u00a0But all of that seems somehow like ancient history now; almost \u201cquaint\u201d stories of a time when things seemed simpler, and definitely more hopeful.<\/p>\n\n\n\n
Comey ended the investigation of then-candidate Clinton for using a private email server. He determined that her actions did not rise to the level of a crime.\u00a0\u00a0But, instead of just declining to charge, Comey gave a national press conference where he emphasized Clinton\u2019s careless behavior.\u00a0\u00a0He then re-opened the investigation of Clinton, just ten days before the election.\u00a0\u00a0His actions, while likely unintentional, were the proximate cause of the election of Donald Trump to the Presidency in 2016.<\/p>\n\n\n\n
Yesterday the newly resigned Special Counsel for the Department of Justice, Robert Hur, testified to the House Judiciary Committee. Like Comey, Prosecutor Hur also tried to have it both ways. He declined to prosecute President Biden for violating national security laws and mishandling classified documents. That should have been the \u201cheadline\u201d. But, as outlined in the report Hur issued, one of his reasons for declination that he didn\u2019t \u201cfeel\u201d that a jury would convict Biden, because the President came across as a \u201c\u2026likeable but forgetful old man\u201d. Hur argued a jury would decide that Biden couldn\u2019t form the intent to commit the crime. In essence, Biden was too old to think it through.<\/p>\n\n\n\n
Biden sat for five hours (over two days) of voluntary deposition with Hur and his staff, in the midst of the crisis after the Hamas attack on Israel on October 7th<\/sup>. It was from those hours that Hur drew his conclusions. But a reading of the transcript (released yesterday) showed that while Biden did get some dates and details wrong, he also showed clear recall of a lot of other facts and events. The \u201ccharge\u201d against Hur is that he \u201ccherry picked\u201d incidents of forgetfulness, while himself forgetting other instances where Biden demonstrated a clear memory and understanding.<\/p>\n\n\n\n Hur declined charges. But like Comey, he denied Biden his \u201cday in court\u201d where he might be found guilty, or might be exonerated. Instead, Hur found the sitting President, without trial, \u201cguilty\u201d of senility. Much like Comey\u2019s ill-fated press conference, the Hur Report essentially condemned Biden, without giving him an opportunity to give his side of the story.<\/p>\n\n\n\n There are two ways to look at what Hur did.\u00a0\u00a0The first is to say that, like Comey, Hur was simply \u201ccalling it as he sees it\u201d.\u00a0\u00a0Hur argues that he was required to give his reasons for declining charges, and his evaluation of Biden\u2019s mental state was one of the important ones.\u00a0\u00a0In essence, Hur provided Biden with a defense that the President certainly would never choose on his own.\u00a0\u00a0It might keep him from conviction, but its stigma might prevent his re-election as President.\u00a0\u00a0<\/p>\n\n\n\n Or, Hur, a life-long Republican, clerk for Republican Chief Justice Rehnquist, and prot\u00e9g\u00e9 of Trump Deputy Attorney General Rod Rosenstein; might be acting as a partisan. He definitely gave ammunition to the pro-Trump forces, perhaps in hopes of becoming the Attorney General in a second Trump Administration. <\/p>\n\n\n\n There is a big difference between the impact Comey had in 2016 and what effect the Hur report will have today. In 2016 the Nation wasn\u2019t sure about Donald Trump, but had very definite opinions about Hillary Clinton (even before \u201cHillary\u2019s email\u201d). In 2024, the Biden versus Trump sides are virtually cemented in place. There is little room for persuasion; the partisans of either side ignore information that doesn\u2019t fit their pre-conceived model. <\/p>\n\n\n\n In short, MAGA supporters, of course, agree that Biden is senile.\u00a0\u00a0They\u2019ve been saying it for years, and Hur\u2019s determination simply confirms their decision.\u00a0\u00a0\u00a0On the other hand, Biden supporters have heard the same talk about Biden for years, and deny it each time.\u00a0\u00a0This will be just one more moment when they can ignore information that fails to fit their preconceived notion.<\/p>\n\n\n\n Biden supporters just see if as another \u201cshot\u201d by a Republican operative, just like the Supreme Court decisions in favor of Trump look like another Republican scheme.\u00a0\u00a0\u00a0In the end, both sides look for confirmation of their pre-conceived ideas, and ignore the rest.<\/p>\n\n\n\n In other news, last night\u2019s primary election results confirmed what we all knew: it\u2019s Biden versus Trump, part \u201cdeux\u201d; buckle-up. <\/p>\n","protected":false},"excerpt":{"rendered":"Ignorant or Intent<\/h3>\n\n\n\n
Confirmation Bias<\/h3>\n\n\n\n