Fox News host Judge Jeanine Pirro reacted to special counsel Robert Hur‘s report, saying it is “worse” for President Joe Biden than an indictment would have been.
Biden’s competence was called into question by Hur, who referred to the president as “an elderly man” with “poor memory.” Hur’s office interviewed Biden last year but found he did not have a “mental state of willfulness” and therefore was not worth indicting over his handling of classified documents because “it would be difficult to convince a jury that they should convict him.” Pirro reacted to the report on The Five.
“This report is worse than an indictment. This report demands the 25th Amendment. And here is my constitution. This man needs to be thrown out of office,” Pirro said. “Everything about this tells and shows the American people how there are two separate systems of justice.”
Pirro was referring to former President Donald Trump being indicted for his handling of classified documents under the Espionage Act, which does not include a burden of proof that the accused acted with intent or willfulness. Instead, special counsel Jack Smith only has to prove that Trump acted with “gross negligence.” Meanwhile, Biden was discovered to have been holding classified documents in an open box in his garage.
“If you get to the point where you say no jury will convict this guy because he is non compass mentis, because he does not have the mental capacity to form the intent, that means you have already gotten to the point where you believe he should be indicted, but you’re not inviting him because you don’t believe the jury will find him competent to stand trial,” Pirro said.
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Hur’s report was 400 pages long and covered a period of 40 years, back to when Biden was a senator.
The White House denied Hur’s characterization of the president, saying Hur was “inaccurate and inappropriate.” Still, Biden said he was “pleased” with the decision to not indict.