I had planned to write this this afternoon but then Judge Pirro covered my main observations on the Five. However she didn’t take it to ground so I will.
First let me say that Hur did a good job except for his nonsensical decision not to prosecute. Now keep in mind that under DOJ rules he couldn’t have indicted Magoo while he was in office, much less prosecuted him. However as we have seen with Trump he could have indicted and prosecuted him after he loses in November and I sincerely hope that whoever Trump makes his Attorney General will prosecute Magoo and I don’t give a damn if the Dems go bat shit crazy.
Now I believe that Hur was wrong in the basis of his decision to not prosecute because Magoo is mentally dead and therefore a DC jury would likely acquit him. That’s not his job as a prosecutor. If he has the evidence that a crime was committed then he needs to take it to a grand jury and get an indictment. It’s up to the defense to put forth an affirmative defense that Magoo is non compos mentis. They would either have to put on an expert to say that or put Magoo on the stand to prove it and there is no way any competent defense attorney would ever put Magoo on the stand.
Next I believe that Hur’s talking about his chances in DC is a red herring. Classified documents were found in both Delaware and Pennsylvania. I don’t recall any documents being found in DC. So why is he concerned with a DC jury? And even if there were some, and I don’t recall where the space he shared with the Chinese that had classified documents was located. It might have been in DC. But Hur could bring the case in Delaware or Pennsylvania. In fact he could have brought cases in both covering the illegal documents in each jurisdiction.
Now there has been a lot of nonsense once again about who could do what with respect to classification and declassification authority and I’m amazed that none of these people know what they’re talking about and have obviously never read the controlling Executive Order. I have covered it extensively and will not repeat it here. Go back and read it again if you forget.
Now here is the one point that wasn’t asked of Hur that I wanted to hear. When Magoo 40 years ago knowingly and willingly took classified documents that you weren’t entitled to have and kept them in places that they were not allowed to be, was he mentally competent? Of course he was, although I personally never believed that he was even remotely bright, and that is the issue. You can’t claim years after your crimes that now you’re an idiot and quite frankly I don’t believe that Magoo would ever admit that he’s mentally impaired.
Another thing that came up is the supposed difference between how Trump responded to the investigation and how Magoo did with the bs being that Trump didn’t cooperate and Magoo did. Trump showed the documents to the FBI a month before the raid and told them that they could take whatever they wanted and all they asked was that he put another padlock on the door which he did.
Magoo was not raided and given advanced notice of what and where was going to be searched and according to what I heard today Magoo “discovered “ classified documents a year and a half before he fessed up. Who knows what he destroyed or hid in that period of time. One question I would have loved to be asked is did any of the classified documents found concern Ukraine?
There is a lot more that I could discuss but I think this is enough