Former Assistant U.S. Attorney Andy McCarthy said Thursday there is enough evidence to invoke the 25th Amendment after Special Counsel Robert Hur concluded his investigation into President Joe Biden’s handling of classified documents.
Hur said Biden presented himself as a “well-meaning, elderly man with a poor memory” during his interview with the president about the documents, according to the report. Hur found the president willfully stored classified documents related to U.S. foreign policy in Afghanistan and handwritten notebook entries concerning sensitive national security matters inside his garage at his private Delaware home.
McCarthy said Hur’s findings contain evidence to invoke Section 4 of the 25th Amendment, which empowers the vice president along with a majority of those in the cabinet to remove a president from office if he or she is judged to be incapable of fulfilling presidential duties.
“Well, my first impression was that this is supposed to be about whether there’s enough evidence to indict, and as you read the report, I can’t help but say it sure looks like there’s enough here, to invoke the 25th Amendment. And I know that’s not what he’s looking at, what his purpose is, but his fitness for office is a major issue here,” McCarthy said Thursday on Fox News.
Hur announced there would be no charges pressed against Biden regarding these documents. McCarthy said Hur’s assessment also suggests he had the evidence to indict the president. (RELATED: Special Counsel Calls Biden ‘Well-Meaning Elderly Man With A Poor Memory’)
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“Second thing, we’ve mentioned this a number of times. One of the reasons, one of the core reasons he didn’t indict is because he decided — he said this himself — a jury would find him to be a sympathetic defendant because he is a gracious enough guy, but he’s forgetful, etc. If you’re at the point where you’re saying what a jury would assess, what that means is you have drawn the conclusion that there is enough evidence to indict the person and enough evidence perhaps to let the jury decide the case. And what you’re now down to is, ‘Did he have the intent to break the law or not?'” he said.
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Former President Donald Trump is charged with 31 counts under the Espionage Act, in addition to six other charges, in regards to storing over 300 classified documents at Mar-a-Lago. The former president called Biden’s case “100 times different and more severe” and argued his lack of charges to be a result of a “two-tiered system of justice.”
Voters have grown increasingly concerned about the president’s competency and effectiveness to serve in a second term. An NBC News poll found that 62% of voters have “major concerns” about the president’s “necessary mental and physical health” for office.