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Robert Hur of the Special Counsel released his report yesterday regarding Joe Biden’s handling of classified documents:

In the report Hur recommended that the Justice Department not prosecute because:

We have also considered that, at trial, Mr. Biden would likely present himself

to a jury, as he did during our interview of him, as a sympathetic, well-meaning,

elderly man with a poor memory. Based on our direct interactions with and

observations of him, he is someone for whom many jurors will want to identify

reasonable doubt. It would be difficult to convince a jury that they should convict

him-by then a former president well into his eighties-of a serious felony that

requires a mental state of willfulness.

More alarming is the following:

In addition. Mr. Biden’s memory was significantly limited, both during his

recorded interviews with the ghostwriter in 2017, and in his interview with our office

in 2023.

This brings up the important discussion of the 25th Amendment.

Twenty-fifth Amendment to the United States Constitution – Wikipedia

Section 3 of the 25th Amendment allows the President to temporarily give up power to the Vice President if he is ill or undergoing a medical procedure where he’ll be incapacitated and temporarily unable to perform his duties as president. The President must declare in writing to be unable to discharge the powers and duties of the presidency, and until he transmits to Congress a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President. Section 4 of the 25th amendment allows the vice president and a majority of the cabinet or a body approved by Congress to declare the president unable to perform the duties of the office. In that case, the vice president becomes the acting president until the president recovers.

What does the 25th Amendment mean by “Acting Cabinet Officers” (

An “Elderly man with a poor memory” arguably is “unable to perform duties of the office” of President of the United States, and thus should be removed.

Tony has been arguing all week for using the 25th Amendment to remove of Joe Biden. The events of last night solidified that argument.

Catch the show in its entirety here:

Tony Katz + The Morning News – WIBC 93.1 FM