I can appreciate that argument, but there isn't anyone who can bring criminal charges against Biden, a sitting president. Maybe after his term is over.
They could bring criminal charges when he left office - or at a minimum make his life a living hell. The point is valid though - if he really was struggling cognitively, he would not be sitting down over two days.
I thought special prosecutor could still recommend charges but the doj wouldn't officially charge him?
Under the DOJ policy you could only do what Mueller did which is write a report stating conduct that could be charged. AKA an unofficial recommendation to Congress to Impeach, and officially document evidence that could be used later on. (IMO Mueller should have been more explicit that this is an impeachment recommendation) However it's just a DOJ policy that was written during the Nixon era which was designed to protect Nixon which making the VP/Agnew the fall guy in these scenarios. Merrick Garland could simply change the policy and state the reasons why Constitutionally the President is not protected, and then let SCOTUS rule later on. So if crimes are found, in theory, Merrick Garland could indict Joe Biden tomorrow by changing the policy. Then Biden sues the DOJ, and then SCOTUS decides whether or not Joe Biden's charges can stand while he's a sitting president.
I think there's almost no way that a state could indict and arrest a sitting president. Now, State charges cannot be dropped by the executive branch who only control the Federal Government. However there's no way that the courts would allow for essentially a State police force to have the power to knock down the door of the White House, and put the President in hand cuffs. Could you imagine the hard on Republicans would get if Gregg Abbott sent Texas State Troopers to DC to put Biden in handcuffs?? If Abbott had the power to do that, he would have already had Paxton cook up some charges, and conducted that stunt. -On Trump My guess is that if he wins the Presidency again in 24, the State charges will get put on ice. If he's in jail (state or federal) on the date he gets sworn in, Chief Justice Roberts swears him in (likely in jail if they do it correctly), then Trump orders the charges dropped, and he walks free that day mostly likely but the State likely is able to pick charges back up after he leaves office again if he ever leaves before he dies which is unlikely. This is why American just really freaking shouldn't elect Trump in 2024. The illusion of a fair criminal justice system evaporates overnight, and makes Trump looks like the ultimate strongman godking.
Mueller's opinion seemed to be that he could not recommend charges. But I think that was just a DOJ opinion, and not any finding of a court. I think Mueller took the right approach there, but I could see a different prosecutor playing it differently and letting the AG and courts figure it out from there. Anyway, your basic point -- that a lawyer would shield his client if he didn't trust his cognitive powers -- is still valid.
JVL is a former Republican who left the party when Trump took over ... Jonathan V Last/The Bulwark: Biden Gets 10/7 Right Another crisis and another solid response from POTUS. Here are some things Biden did not do: He did not tweet out threats. He did not call people dogs. He did not alienate any of our allies. He did not endorse war crimes. He did not criticize any of his domestic political opponents. Just objectively speaking: Is there anything more you could want from an American president at a moment like this? Because if there is, I can’t think of it. Joe Biden has done the job about as well as anyone—Republican or Democrat—could have hoped.
It does look like Mn Rep Dean Phillips will declare to run against Biden in the Democratic primaries.
I know coming from you this is bad faith criticism of Biden but yes he did say that and it does show Biden's true character.
Biden is on the run folks - they got him! say what you will about republican disarray - they landed a haymaker today