Destruction of Justice: President Biden's Most Likely Legacy.
A careful look at the ongoing Special Investigation into Donald Trump to determine if President Biden weaponized the justice system for personal gain.
by Jon Kurpis
Before commencing, it should be known that this article is NOT about Donald Trump's guilt or innocence. As you will come to learn, it’s not the biggest issue we now face. And despite what you may hear from Trump loyalists, Never Trumpers and the anti-Trump left, the prosecution of the 45th President is anything but straightforward. In fact, a reasonable adult could easily assess the Mar-a-Lago document case and come to two diametrically opposite conclusions from the exact same evidence.
From one perspective, the President of the United States is legally entitled to his records and he gets to decide what those records are. Should there be an issue with the National Archives that can’t be resolved, that matter should be adjudicated civilly using the Presidential Records Act. From this vantage point, the DOJ’s prosecution and treatment of President Trump is not only without precedence, it's overtly unfair and seemingly malicious.
But on the other hand, the records that President Trump held also may qualify as National Defense Information (NDI). NDI, whether classified or not, cannot legally be viewed or held outside a secure federal facility. It’s even illegal for a sitting President to store or read NDI outside a secure location. When the government became aware that the former President potentially had NDI at Mar-a-Lago, they asked for it back and Trump didn’t fully comply. From a government perspective, Donald Trump knowingly had NDI housed outside a secure facility and wouldn’t give it back. Just as an objective person could read the previous paragraph and conclude that Trump is being treated unfairly by the government, the same person could then read this paragraph and come to the opposite conclusion that the government was well within its rights and had a responsibility to get those documents back and into a secure location.
The Trump case is not cut and dry. Trump was both entitled to his records and the government was correct to want them back. Ultimately, the most critical issue isn’t whether or not Trump is innocent or guilty. The most important part of this chilling moment in American history is the manner by which Biden’s DOJ handled such a delicate, consequential matter.
Why does the way the government is handling the Trump case matter so much?
Former President Trump has now been charged with 37 criminal counts by President Biden’s Justice Department. Criminal charges against a former US President are highly controversial and without any precedence in our nation’s history. Muddying the waters even further is the fact that these charges are being handed down in the leadup to the 2024 Presidential election where current polls favor Trump to not only secure the Republican nomination, but also to beat Joe Biden and take back the Whitehouse.
The American legal system has a long history that is built upon precedence that started with the Magna Carta over 800 years ago. Specifically, we believe that nobody, not even a former President, is above the rule of law. At the same time, America also celebrates a government run by people chosen by voters to represent them and not by men or women who corrupt the process to ensure political victory.
And because these and other democratic norms serve as the foundation of our way of life, the conduct that’s exhibited during the Special Investigation and prosecution of a former President is an ultimate stress test. It will serve to characterize the US justice system in terms of it’s equal application of the law, free and fair elections and the overall legitimacy of our democratic institutions.
If the DOJ were to turn an intentional blind eye to Donald Trump just because he’s a billionaire and/or former President, then average citizens would have good reason to believe the law doesn’t actually apply equally to all people.
Conversely, if Joe Biden’s DOJ acts recklessly or appears to be self serving or political in how they hold the former President accountable, it will be understandably construed as President Biden weaponizing his DOJ to attack his opponent for political and personal gain.
All things being equal, the weaponization of the Department of Justice by a sitting President to attack a current political opponent in the midst of an election would be MANY MAGNITUDES WORSE than anything Trump did or didn’t do with sensitive documents at Mar-a-Lago. This is because everything we value as Americans and all the rules by which we abide to ensure stability are predicated on an implicit trust and faith in our system of justice.
For proper perspective, ask yourself why a dangerous criminal gets released if the police fail to read him his rights?
The answer is because the integrity of the system is more valuable and important to our nation than prosecuting any individual!
This is why Benjamin Franklin wrote in 1785 that "it is better 100 guilty Persons should escape than that one innocent Person should suffer."
Integrity and the impartiality of the justice system are critically important to the American Experiment.
To fully understand where we now find ourselves as a nation, we must seek out any and all critical information that can be used to assist us in determining the answer to one extraordinarily important question:
Did Joe Biden weaponize the justice system to take out a former President and political adversary?
To the overly certain Republicans who are already convinced the DOJ has been weaponized, it’s important to remember that inclinations and cable news talking points about Trump or Biden don’t fully cut it. Accusing the sitting President of the United States of weaponizing the justice system for personal gain is a monumental charge and not something responsible adults do or take lightly. And if anyone dare accuse it at all, the facts must be fully investigated and understood in totality.
As Thomas Jefferson said, “The sword of the law should never fall but on those whose guilt is so apparent as to be pronounced by their friends as well as foes.” If President Biden is to be accused of weaponizing the justice system, the facts should be so overwhelmingly understood that anyone who is objective and honest will agree.
And to the Trump haters who think this is just more excuses and MAGA histrionics, consider the following.
A week after Joe Biden entered the 2020 Presidential race, then President Trump made the now infamous call to the President of Ukraine where the wrongdoings of the Biden family were discussed. At that time, Biden was a serious long shot to win the Presidency and securing the Democratic nomination wasn’t close to a certainty. Moreover, the FBI was in possession of information that legitimized President Trump’s concerns. But for that one phone call, the Democrats accused Donald Trump of using his position as President to take out a political opponent and because of it they voted to impeach him.
If Congressional Democrats overwhelmingly supported impeaching President Trump for a genuinely legitimate inquiry about a long shot Presidential opponent, then the American people certainly have every right to investigate President Biden to determine if he is in fact weaponizing the justice system against Trump for personal gain.
Below are 10 Questions and Answers that will help guide us to an impartial determination in regards to this historically consequential matter at hand.
1. Could President Biden actually weaponize the DOJ for personal gain?
Yes! President Biden personally appointed Attorney General Merrick Garland to lead the DOJ. AG Garland opened up the Special Investigation into Trump and personally chose Special Prosecutor Jack Smith to head it. On top of that, AG Garland retained the final say on anything Jack Smith reported or suggested.
It should also be noted that Merrick Garland has his own bone to pick with Trump and the GOP. Had Donald Trump not beaten Hillary Clinton, Garland would be sitting on the SCOTUS right now and that was his lifelong career ambition. Despite this known conflict, AG Garland chose not to recuse himself from the Trump matter.
2. Would President Biden benefit if the justice system was weaponized against Trump?
President Biden definitely would benefit from the weaponization of the justice system against Donald Trump. It would not only help him to secure a second term as President, but would also potentially prevent his son and other family members from being held accountable for serious legal problems that are currently being investigated.
3. Has Joe Biden ever manipulated prosecutors or justice systems in the past?
Yes and the best proof of it comes from Biden’s own words in 2018.
“I said, you’re not getting the billion. I’m going to be leaving here in, I think it was about six hours. I looked at them and said: I’m leaving in six hours. If the prosecutor is not fired, you’re not getting the money. Well, son of a bitch. (Laughter.) He got fired. And they put in place someone who was solid at the time.”
4. Has Biden ever supported a two-tiered system of justice or laws?
In the mid 1980’s, then Senator Biden drafted a crime bill that made the punishment for possessing crack cocaine much more severe than the punishment for possessing powder cocaine despite both forms of the drug being chemically equivalent. This racist sentencing disparity led to disproportionate incarceration of Black Americans who smoked crack vs White Americans who were primarily powder cocaine users. So YES, Joe Biden has directly supported and actually created an unfair, two-tiered justice system.
5. Have intelligent agencies such as the FBI ever helped Biden politically in the past?
President Biden has a history of using 3 letter agencies such as the FBI and CIA for his political and personal advantage. In October 2020, the Biden campaign convinced 51 intelligence officials to sign a public letter falsely claiming information from the Hunter Biden laptop was Russian propaganda. It is speculated that this letter alone helped to sway the election outcome to President Biden. Additionally, current FBI Director Christopher Wray was recently threatened with contempt of Congress charges for refusing to release non classified information to the House Oversight Committee that contained information extremely damaging to both Joe and Hunter Biden.
6. Has Joe Biden ever cheated in a Presidential race?
Yes! Joe Biden ran for President in the 1988 race and was forced to drop out when he was caught plagiarizing; definitely a form of cheating
7. Who is Special Prosecutor Jack Smith and does he have an ethical track record?
Special Prosecutor Jack Smith has a long history of unbecoming conduct and legally defective prosecutions.
Most notably was Jack Smith’s overzealous crusade against then Virginia Republican Governor Bob McDonnell. Smith pursued a case against McDonnell based on an absurd interpretation of the scope of federal bribery and honest services fraud statutes. Ultimately, Smith’s case was so deficient that all four of his convictions against McDonnell were unanimously overturned by the US Supreme Court.
Smith’s prosecution was so legally flawed that SCOTUS wrote “The uncontrolled power of criminal prosecutors is a threat to our separation of powers.”
In another Smith prosecution that went before The US Court of Appeals for the Second Circuit, the court wrote (regarding Jack Smith): “the government may not do indirectly what it cannot do directly” and “The prosecution cannot use the defendant’s exercise of specific fundamental constitutional guarantees against him at trial.”
Furthermore, journalist Michael Tracey accurately noted that “Smith’s conduct was seen as so egregious that it necessitated the dramatic step of tossing the death sentence of someone who’d been convicted of killing two undercover NYPD detectives.”
And if all this isn’t troubling enough, Jack Smith’s wife also happens to be a Joe Biden presidential campaign donor and the producer of Michelle Obama’s movie.
8. Would an objective person consider the DOJ/Special Prosecutors conduct during this Trump investigation free from any appearance of impropriety?
The Department of Justice and/or Jack Smith’s conduct throughout the investigation and prosecution of Donald Trump has been objectively questionable. There are multiple instances where the investigation gives off an obvious appearance of a hyper-aggressive, politically motivated prosecution. For example:
The FBI Raid:
The DOJ ordered the FBI to raid a former President’s home when the documents they were seeking could have been obtained through other, less controversial means. Additionally, the FBI refused to wait for the former President’s attorney to be present and even went so far as to insist that the security cameras be turned off as they were going through Trumps personal property.
Attorney Client Information:
Special Prosecutor Jack Smith pierced the attorney client privilege rights that Donald Trump had with his lawyers. The decision to allow the Special Prosecutor to use private communications between Trump and his lawyer happened at a secret hearing, with secret evidence and nothing from it has been released. The secret arguments that Smith used were hidden from the defense and not subject to appeal. The government’s case is fundamentally built upon this normally privileged information.
2 Grand Juries:
In order to strengthen his chances of indicting former President Trump, Special Prosecutor Jack Smith utilized 2 Grand Juries to test out witnesses. Smith paraded all questionable witnesses in front of a DC Grand Jury first to weed out any that were bad for the prosecution. Then Smith only called the pre-screened anti-Trump witnesses to testify in Miami where the eventual indictment would come from.
9. Is the proposed punishment for former President Trump justified given the alleged crime?
Special Prosecutor Jack Smith has indicted Donald Trump on 37 counts that carry a maximum prison sentence of 400 years. Of all the legitimately questionable aspects of Smith’s prosecution, seeking a 400 year sentence for a former President and current Biden political rival is the most damning conduct of all.
As previously noted, Donald Trump isn’t clear of fault for this records fiasco. However, this is a victimless crime stemming from a clerical dispute with the National Archives. Whatever NDI that was in question is now safely stored in a secure government facility. Nobody was hurt. Our national security was never compromised or sold to a foreign nation or bad faith actor. Nothing terrible transpired. In fact, President Biden is currently being investigated for the same issue that Trump currently faces. Moreover, Bush 41, Bill Clinton, Barack Obama, Hillary Clinton and even Mike Pence have all had similar document issues and faced no jail time. ONLY Donald Trump, the man who is most likely to beat Biden and win the Whitehouse back in 2024, is facing the prospect of dying behind bars.
10. Could the government have used prosecutorial discretion and handled this case appropriately in another manner?
Yes! In order to handle the Trump records issue impartially, the following things would have needed to occur.
• Biden appointed AG Garland would have needed to recuse himself from the matter. An impartial replacement would then take over and select a fair, non-political Special Prosecutor with zero conflicts and morals beyond reproach.
• This Special Prosecutor would have privately reached out to Trump’s lawyers and gave them the option to immediately turn over the 31 remaining documents or face an immediate FBI raid. No matter how Trump decided to proceed, the government would have had ethical cover and the documents would end up in a secured location.
• Once the documents were recovered, the Special Prosecutor would again privately alert Trump’s lawyers that an investigation is warranted and will occur, but not until sometime after the 2024 election. If Biden were to win, the investigation into Trump would start sometime in mid November 2024. In the event that Trump wins, the investigation would begin immediately after the end of his 2nd term. Both of these start dates avoid interfering in an election or while a President is serving the country and both times are viable and within the statute of limitations.
• Lastly, the Special Prosecutor would also make it known that whenever the investigation occurred, everything would proceed in a fair and impartial manner and also with the assumption that this is a Presidential Records Act matter. If Trump was found to have some level of guilt, he would likely face the possibility of a fine and a stern written rebuke from the Attorney General. And should it be warranted and if the Democrats insisted on really sticking it to Trump, he could be forced to accept 500 hours of community service.
If the Special Investigation into Trump’s records were done like this or in a similar manner, the documents would be safe, Trump would face justice and maybe even a little embarrassment, the integrity of the 2024 election wouldn’t be compromised and Joe Biden wouldn’t be accused of weaponizing the justice system for personal gain.
The Verdict
With the information above serving as a guide, let’s collectively wrap our heads around what is known and then decide if President Biden weaponized the justice system.
At the very least, President Joe Biden is a man who bragged about manipulating prosecutors; a man who is known for lying; a man who was forced out of a presidential race after being caught cheating; a man who authored racist, 2-tiered legislation; a man who has used intelligence agencies to do his personal bidding; and a man who has more to gain from putting Trump behind bars than anyone else on the planet. Biden also has the distinction of being the only politician with the capability of manipulating the Department of Justice through his hand-picked Attorney General who also happens to have a score to settle with Donald Trump and the Republicans.
Furthermore, the record shows that President Biden enabled his hand-picked AG to authorize a Special Investigation into Donald Trump (Biden’s chief political rival) in the midst of an active presidential race. President Biden’s AG then selected the notorious prosecutor Jack Smith (a man who lives in Europe) to oversee the most delicate case in this nation’s history and did so despite the fact that Smith has a checkered history and track record of overly aggressive, partisan prosecutions that are legally defective. Biden’s AG proceeded to give Smith unfettered access to every resource the DOJ has to offer so that the Special Prosecutor would be well equipped to take down the former President by any means necessary. And although this sounds like hyperbole, the truth is that there is no other way to justify Smith’s conduct throughout the Trump investigation.
As Special Prosecutor Smith has done in the past, he launched an over-aggressive investigation that included multiple grand juries to ensure prosecution-friendly witnesses, embraced laws that are known to be abused in order to maximize the punishment Trump would face, and secretly pierced Trump’s right to Attorney Client Privilege in order to build up what was otherwise a much weaker case.
And after Special Prosecutor Smith secured an indictment against Trump that would potentially put Biden’s political adversary in jail for 400 years, he publicly announced it on the same day the story broke about the Biden family corruption scandal in a transparent attempt to take the news cycle away from the current President. Lastly, it’s worth noting that everything Special Prosecutor Smith did or suggested was run by Biden’s personally appointed AG and the greenlights given to Smith came straight from the top.
Since we know that all of this info is accurate and we also know that there was a way to use prosecutorial discretion to handle this case in a manner that was fair and beyond reproach, the answer to the original question “Did Joe Biden weaponize the justice system to take out a former President and political adversary?” is an unfortunate ‘yes’.
The evidence overwhelmingly shows that President Biden weaponized the justice system to take out his chief political opponent, Donald Trump.
For nearly 250 years, Americans have steadfastly protected the US justice system from self serving, political manipulation. And until now, our shared respect for the equal and ethical application of the law was universally deemed more important than partisan battles and political careers. Disastrously, President Biden did the once unthinkable when he weaponized our sacred justice system and turned it into his personal lawfare Gestapo. Because of this selfish betrayal, our impartial system of justice no longer exists.
This nightmare scenario is something our Founding Fathers warned us about and it’s quite frankly humiliating that the first time people in the United States let their system be corrupted was on our watch. For generations to come, Americans will live in a country with a questionable, corruptible justice system. Innocent men and women will be imprisoned and guilty criminals will increasingly walk free. And all of the pain, damage and societal upheaval that will inevitably ensue shall be owned by Joe Biden and the Democratic Party. This is what President Biden has done. This is what his fellow Democrats have allowed to happen. And the Weaponization of the Justice System will be President Biden’s Eternal Legacy.
~ Jon Kurpis
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