Biden Lawyers Found Trying To Omit Language Of Critical Age

By Victor Winston, updated on February 17, 2024

In a recent development that has stirred both concern and controversy, attorneys for President Joe Biden have found themselves in a tense clash with the Department of Justice. Their battle centers around a report by Special Counsel Robert Hur, which unflinchingly scrutinizes Biden's mental acuity.

Ed Siskel and Bob Bauer, representing Biden, reached out to Attorney General Merrick Garland with a plea to expunge sections of the report that cast a harsh light on the President’s age and memory. These attorneys contended that the details concerning Biden's cognitive state were not only inappropriate but breached departmental guidelines. Reliable sources, including ABC News and the New York Times, authenticated these communications.

Bradley Weinsheimer, a respected official within the Justice Department, countered their arguments. He maintained that the information about Biden's cognitive state was integral for understanding Special Counsel Hur's conclusions. Weinsheimer's defense was rooted in the rationale that the depiction of Biden’s mental faculties was essential for conveying the challenges surrounding the prosecutorial decision-making process.

Special Counsel's Report Raises Eyebrows With Its Unprecedented Focus

Hur's report disclosed Biden's struggles with memory and cognition, suggesting these deficiencies impacted his capacity to willfully retain classified documents post-vice presidency. "Uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen," the report stated, underscoring potential legal pitfalls. Yet, it emphasized the prosecutorial hurdles of proving guilt "beyond a reasonable doubt," taking into account Biden's memory issues.

This depiction of Biden as possibly forgetful and sympathetic due to his cognitive decline was presumed to affect jurors' perception, potentially leading them to question his intentional misconduct. The detail that Biden had difficulties recalling significant personal events, such as the death of his son Beau, starkly illustrated his memory challenges, Breitbart reported.

Recent public polls mirror growing public skepticism regarding Biden's fitness for office. An ABC News/Ipsos survey revealed a majority of Americans harbor doubts about Biden's capability to serve another term, attributing this to concerns over his age.

Department of Justice Stands Firm on Inclusion of Cognitive Assessments

Siskel and Bauer criticized the report's focus on Biden's cognitive state as a clear deviation from standard department policy and practice. They argued, "The comments in Hur's report openly, obviously and blatantly violate department policy and practice. Identified language is neither gratuitous nor unduly prejudicial because it is not offered to criticize or demean the President; rather, it is offered to explain Special Counsel Hur’s conclusions about the President’s state of mind in possessing and retaining classified information."

Yet, the Department of Justice, through Weinsheimer, remained firm. Their stance underscored a belief in the necessity of detailing Biden's cognitive state to provide a full and fair explanation of the Special Counsel’s conclusions and recommendations.

The narrative painted by Robert Hur's report and the ensuing legal tussle bring to light an uncomfortable yet critical discourse on age, mental capacity, and leadership accountability. As President Joe Biden's attorneys push back against portrayals they see as unfair and policy-violating, the Department of Justice holds its ground, pointing to the importance of transparency and thorough investigation in understanding complex legal and ethical questions.


This legal and public relations battle underscores a pivotal moment in American politics. It questions not only the individual involved but pivots towards broader issues of age, mental fitness, and the capacity to govern effectively amidst challenging circumstances.

Whether this discourse will affect Biden's political future or the American public's trust in their leaders remains to be observed.

But one thing remains clear: the conversation on mental fitness and leadership responsibility is far from over.

About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.

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