• Boinkage@lemmy.world
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    8 months ago

    I mean, in fairness, the report did find that he broke the law, but the investigator declined to prosecute based on his findings. Decline to prosecute =/= found no laws were broken.

    Edit for the butthurt: page 1, paragraph 2 of the report:

    “Our investigation uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen.”

    As others have said, whether they could establish mens rea in a court of law is another question. But they found evidence of willfulness.

    • Brokkr@lemmy.world
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      8 months ago

      Juries and judges are the ones who should be making those decisions though. Not a political rival.

      The report found that there was insufficient evidence and therefore it wasn’t worth a jury or judge’s time to review the case (which is what decline to prosecute means in this situation)

    • ReallyActuallyFrankenstein@lemmynsfw.com
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      8 months ago

      If intent is an element of a crime and there isn’t reliable evidence of intent, then the elements of the crime are not met.

      (Compare with, say, Trump who was hiding his documents, asking his lawyers and staff to lie, and demonstrating left and right he intended to break the law.)

    • Passerby6497@lemmy.world
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      8 months ago

      Lol, I love how you quote one sentence that’s contradicted the very next paragraph where they explicitly state that they didn’t have the evidence to prove it.

      You’re literally just quoting propaganda that isn’t even supported by the rest of the document.

      Also, I love the idea that the person who immediately turned over what they had and cooperated fully with investigators is being accused of ‘willful retention’ as if it wasn’t just a lazy attempt at both sidesing this.

          • HeyThisIsntTheYMCA@lemmy.world
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            8 months ago

            I’m not going to give you law school, but specific motions and procedural shit logically require presumption of guilt.

            • agent_flounder@lemmy.world
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              8 months ago

              Positive defense, like in the case of homicide (killing someone) in self defense? Where the defendant admits to the homicide and then must prove it was justified according to lethal force laws in the jurisdiction.

    • dudinax@programming.dev
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      8 months ago

      If they can’t establish Mens Rea then they didn’t find that he broke the law.

      Some of the evidence they uncovered is like this: Years ago, Biden mentioned document A. We found document B somewhere else years later. If we can establish A and B were the same document, then we could establish willfullness, because it means Biden moved it instead of returning it, but we are unable to prove A and B are the same.

      So they had evidence of something that they thought might be a crime, but even they don’t know.

    • MagicShel@programming.dev
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      8 months ago

      The key to politics is not to speak a verifiable lie while lieing all day long through rhetotical tricks.