Biden Cannot Remain as President of the United States

February 9, 2024

To the Editor:

The recent “Report of the Special Counsel on the Investigation Into Unauthorized Removal, Retention, and Disclosure of Classified Documents Discovered at Locations Including the Penn Biden Center and the Delaware Private Residence of President Joseph R. Biden, Jr.” has been released to the public.

It exposes the collection, by Biden, of classified documents “going back more than 40 years.” Forty years ago, Biden was a U.S. Senator. He was then forty-two (42) years old.

Biden was a U.S. Senator from the age of 30. He was elected to the U.S. Senate in 1972 and served in the U.S. Senate until 2009. He left the U.S. Senate to become Vice-President of the United States at the age of 67.

To date there are no official medical reports that have been issued confirming the Special Counsel’s assertions that Biden is of “diminished capacity,” nor has anyone determined that Biden is legally “non-compos mentis.”

The Special Counsel has recommended that because a jury would look at Biden as a “sympathetic, well-meaning, elderly man with a poor memory” is just an opinion. That is not a valid rationale for dismissing the seeking of an indictment out of hand.

Biden’s case should be taken before the grand jury. If there is a true bill then it would be up to the presiding judge in Biden’s  trial to determine whether Biden was unable to be tried on the basis of diminished capacity.

It has been determined by the Special Counsel that Biden “willfully retained classified documents.” This statement by the Special Counsel exposes the hard fact that Biden had the requisite mens rea, or mental culpability, to “willfully retain classified documents.” You can’t have it both ways. Either he knew that retaining the documents was wrong or he didn’t. One cannot be said to have “willfully retain[ed] classified documents and conversely be said to be non-compos mentis at the same time. Which is it? Biden is guilty of the illegal and negligent storage of top-secret compartmented classified documents.

The allegations that the Biden family has close connections to Chinese operatives and they have been benefiting from bribes and engaging in influence peddling is of very serious gravitas.

If Biden’s claim, made in his White House presser held on February 8^th, 2024, that his “memory is fine” and that he “know[s] what the hell [he is] doing” is true, then Biden is competent to be tried.

If Biden is proven to be not competent “then he’s not qualified to be president.” – Victor Davis Hanson.

During Biden’s time as U.S. Senator there was no indication that he was of “diminished capacity.” Contemporaneously Biden was competent.

To reiterate, the findings are that Biden “willfully retained and disclosed classified materials after his vice presidency when he was a private citizen.” As a Senator he was not entitled to do so under the Presidential Records Act.

Biden was in possession of “Top Secret/Sensitive Compartmented” documents that he had no right to retain as a U.S Senator. In fact he had no right to remove said documents from what is referred to as a Sensitive Compartmented Information Facility, or “SCIF.”  A Senator can only review such documents within the parameters of the building in which they are secured.

Not only did Biden not have the right to remove documents from a SCIF, but the Top Secret/Sensitive Compartmented documents were haphazardly stored in an open garage, shared with his family members and accessible to the public.

In 1972 when first elected as a U.S. Senator Biden was 29 years old.  In 2009 when he left the U.S. Senate he was 67 years old.  Forty years ago in 1984, Biden was 42. Biden has been possibly accumulating classified documents going on 40 years.

This writer had a Secret Clearance in the United States Navy, starting with a “Confidential” clearance and progressing to a “Secret” Clearance.  I had to review papers in a secured facility and could not remove them from said facility. In fact, one of my shipmates with a “Confidential” clearance went to prison for doing so.

Federal prisons have nursing care facilities. Contrary to Biden’s claim that he “did not break the law,” Biden did “break the law.”

In the past I have written to U.S. officials regarding my concerns that Biden may be a victim of elder abuse. I have gone up the chain of officials to the Health and Human Services Secretary.

There were crickets. DHHS did nothing.

If Biden’s memory is “fine” as he claims, then he can and should be indicted and charged.

If  Biden’s mind is not “fine,” if indeed Biden is non-compos mentis, then he must be removed from the Presidency for just cause under the 25^th Amendment.

That prospect brings up another very serious constitutional issue. Kamala Harris is ineligible to be President. She cannot be given the Presidency. She is not an Article II “Natural Born Citizen.”

If it is determined that Biden is non-compos mentis, and since Harris is not eligible to act as President, both are unable to hold the office.

Pursuant to the Presidential Succession Act the Speaker of the House, Mike Johnson, becomes President. In his recent presser Biden couldn’t remember the name of the church at which he obtained a rosary he brought out, namely “Our Lady of Guadalupe.” Biden stopped in midstream at “Our lady of…..,” not finishing his sentence.

He referred to Abdel Fattah al-Sisi, President of Egypt, as “the President of Mexico.”

“Sympathetic, well-meaning, elderly man with a poor memory”?

Hur is doing for Biden what Comey did for Hillary Clinton: letting them both off the hook on some specious and spurious pretense.

Biden willfully removed “Top Secret/Sensitive Compartmented Information” from a Sensitive Compartmentaled Information Facility (SCIF) while a U.S. Senator at a time when he was of sound mind. He committed serious crimes against the United States. He must either be charged and tried, impeached or removed from office under the 25th Amendment.

There is NO middle ground. If competent then he can be charged. If not then he must be removed as President by impeachment for high crimes and misdemeanors or under the 25^th Amendment. Biden cannot remain as President of the United States.

Robert C. Laity