Report questions Biden's mental acuity

Senate moves ahead on Ukraine-Israel aid bill

Also in today’s edition of ‘Regular Order’ for February 9, 2024:

• Graham and Sinema tangle over the border.

• Justices likely to keep Trump on Colorado ballot.

• Another veteran GOP lawmaker opts for retirement.

• Don’t miss the debut of the Jamie Dupree 3.0 voice.

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BIDEN DOCS. A Special Counsel investigation of why President Biden had classified documents from his previous service as Senator and Vice President produced no charges against Mr. Biden. But the report went after Biden in very unusual and very personal terms, raising questions about his mental sharpness, immediately injecting it into the 2024 campaign.

• MEMORY. The reason Biden was not charged, former U.S. Attorney Robert Hur wrote, was that it would be hard to convince a jury to convict someone who was basically a feeble old man. "Mr. Biden's memory was significantly limited," wrote Hur, who was tapped as a federal prosecutor by Donald Trump.

• GRAMPS. Hur continued with a punishing review on page 10 of the report. "Mr. Biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory."

• JURY. It didn't stop there. "It would be difficult to convince a jury that they should convict him - by then a former President well into his eighties - of a serious felony that requires a mental state of willfulness," Hur added.

• TRUMP. In his report, Hur drew a clear distinction between Biden and the charges against Donald Trump for hoarding classified materials, saying Biden had repeatedly cooperated - while Trump had not. “After being given multiple chances to return classified documents and avoid prosecution, Mr. Trump allegedly did the opposite,” Hur wrote.

BIDEN. In a televised statement from the White House last night, the President fought back against the report, which cited Biden's "diminished faculties and faulty memory." He sternly disagreed. "There's even reference that I don't remember when my son died," Biden said, growing angry. "How in the hell dare he raise that?"

• DOOCY. The President made sure to use his main foil from Fox News, Peter Doocy, as part of his response to the Special Counsel's report. "How bad is your memory and can you continue as President?" Doocy asked. "My memory is so bad I let you speak," Biden replied.

• POLITICS. It’s not a stretch to say that the report about Biden clearly could cause trouble for Democrats in this election year - an official document portraying him in highly unflattering terms as he runs for reelection at age 81.

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PUSHBACK. Attached to the report, Biden's lawyers vigorously protested those characterizations, accusing Hur of using 'highly prejudicial language.' Biden allies labeled it 'a right-wing hit job' from within the Justice Department. But that couldn't compare to the avalanche of attacks from GOP lawmakers in Congress.

• BIDEN. "An elderly man with a poor memory should not be our nation's leader," said Rep. Tim Burchett (R-TN). "Joe Biden cannot be both fit for office and unfit to stand trial," said Rep. Tom Tiffany (R-WI). "That does not describe someone who should be the Commander in Chief," said Sen. Rick Scott (R-FL).

• LEADERS. House Speaker Mike Johnson and his GOP leadership team wasted no time using the report. Their statement ended with a stinging rebuke: "A man too incapable of being held accountable for mishandling classified information is certainly unfit for the Oval Office."

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SENATE. A day after Republicans blocked action on a bipartisan border security deal, the Senate voted 67-32 on Thursday to forge ahead on an aid bill for Ukraine and Israel, minus any measures dealing with illegal immigration. "This is a good first step," said Senate Majority Leader Chuck Schumer. A final vote is expected by the middle of next week.

• PLAN B. Basically, the Senate is now back at Square One. Democrats tried to bring up this Ukraine/Israel aid bill back in the fall - but Republicans objected, demanding policy changes at the border. The GOP then ran away from the bipartisan deal unveiled on Sunday. "It has been an arduous process," said Sen. Jon Ossoff (D-GA).

• BORDER. "I'm relieved that we found a path forward," said Sen. Mark Kelly (D-AZ), "but I'm baffled by how we got here," as Democrats thrashed Republicans who called for action on the border - but then refused to vote for a package worked out by a conservative GOP Senator.

• DETAILS. The bill includes $60 billion in military aid for Ukraine, $14 billion in aid for Israel, and several billion to help pay for extra U.S. military missions in the Middle East. "Let's make sure we get this bill passed," said Sen. Ben Cardin (D-MD), as Democrats rallied for fast action.

• TIMING. A final vote happening next week is not because Senators are going home for a long weekend. Sen. Rand Paul (R-KY) will likely keep the Senate in all weekend, delaying a final vote until next Wednesday. Here's my best guess:

  • Friday 7 pm - Vote on the motion to start debate.

  • Sunday 1 pm - Vote on cloture on the substitute amendment.

  • Monday 7 pm - Vote on substitute amendment, cloture on bill.

  • Wednesday 1 pm - Vote on final passage.

SCHEDULE. I had one veteran Senate staffer come up to me with an interesting reminder - I'll paraphrase: "I've had to work on Christmas Eve and New Year's Eve - now I get to check off working on Super Bowl Sunday." (You never know, it might make for a good impromptu party.)

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FIREWORKS. There was one notable name missing from the 'Yes' votes related to the Ukraine bill, and that was Sen. Lindsey Graham (R-SC). Graham vented his frustration in a speech on the Senate floor, where he denounced the bipartisan border deal as 'half-assed,' and criticized Democrats for not giving him the chance to offer amendments on border security.

• SINEMA. That was too much for one of the negotiators. Waving around a copy of the roll call vote - showing how Graham and other Republicans refused to allow debate on the border security deal - Sen. Kyrsten Sinema (I-AZ) ripped Graham for voting to filibuster the agreement. "The time to do that would have been yesterday at 1:59 pm," Sinema said.

• DEMS. Graham's complaints that he wasn't given enough information about the border deal also fell flat with the top Democrat involved in the Senate talks. "His top staff were in the room when we negotiated the bill," said Sen. Chris Murphy (D-CT). "We negotiated key provisions directly with him."

• BORDER. Graham's floor tirade was just an extension of the pretzel logic used by Republicans this week about the border deal. GOP Senators voted to filibuster and then complained about *not* being able to debate and vote on border security. That makes no sense - but that’s their argument.

• COLUMN. That takes me to the column I wrote this week for the Atlanta Journal-Constitution. Republicans were offered something very unusual this week - an immigration deal which had no provisions that sniffed of 'amnesty,' and was tilted almost entirely in their favor. And they still said no.

STATUS QUO ANTE. What's really most remarkable about this situation is that Senate Republicans wasted months of time arguing that border security policy changes had to be attached to any Ukraine aid bill - and then they voted on Thursday to do the exact opposite. They landed back where everyone was in September.

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REGULAR ORDER. I watched again this week as more of my Capitol Hill colleagues were laid off from their jobs. Help support independent journalism in the halls of Congress by subscribing to ‘Regular Order,’ buy someone you know a gift subscription, or buy me a drink. Let’s keep members of Congress on their toes.

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PRESSURE. With the Ukraine aid bill seemingly on the path to Senate approval, Democrats quickly called for action by House Republicans. "House Democrats are prepared to use every available legislative tool to make sure we get comprehensive national security legislation over the finish line," said House Democratic Leader Hakeem Jeffries.

• HOUSE. If House Speaker Mike Johnson refuses to allow a vote, it could be that supporters of the package will have to use an arcane parliamentary tool called a ‘discharge petition’ to force action. That requires the signatures of a majority of House lawmakers.

• GOP. One thing to watch for is will Donald Trump try to rally the GOP against aid to Ukraine. "No member of Congress should support sending another $60 billion to Ukraine," said Rep. Andrew Clyde (R-GA). "Conservatives must stand in opposition to this disastrous plan," added Rep. Josh Brecheen (R-OK).

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SUPREME COURT. The state of Colorado's effort to keep Donald Trump off the GOP primary ballot got about the reception that I expected from the U.S. Supreme Court on Thursday. The justices did not seem inclined to allow Colorado to do that, as the arguments were definitely tilted in favor of Trump's appeal.

• OUTSIDE. Several GOP Senators walked across the street to the Court to condemn Colorado's actions. "The Left’s witch-hunt has gone on long enough," said Sen. Tommy Tuberville (R-AL). "'We the people' through our right to vote, decide who the next President will be," added Sen. Roger Marshall (R-KS).

• CRIMINAL. I thought it was interesting that Trump's lawyer, Jonathan Mitchell, did give some ground on what happened Jan. 6. "This was a riot. It was not an insurrection," Mitchell said. "The events were shameful, criminal, violent, all of those things, but it did not qualify as insurrection."

• ARGUMENTS. If you want to listen to the arguments, here is a link. You can also read along with the Supreme Court transcript.

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BAYOU STATE. House Majority Leader Steve Scalise will return to Capitol Hill for work next week. He has missed most of the last month because of treatments for multiple myeloma. "He is in complete remission and will be returning to Washington next week for votes," Scalise's office said.

• MAYORKAS. The return of Scalise might allow Republicans to try as early as Monday to vote again on the impeachment of Homeland Security Secretary Alejandro Mayorkas. That move failed this week on a tie vote.

• LONG ISLAND. Republicans would have to move quickly because of next Tuesday's special election in New York to fill the seat of expelled Rep. George Santos (R-NY). Democrats are favored to win that - which would give them an extra vote in the House.

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CASUALTY LIST. Another veteran Republican in the House has opted against reelection. Rep. Cathy McMorris Rodgers (R-WA), first elected in 2004, announced on Thursday that she would retire after this year. To many readers, this is just another name. But to the Capitol Hill community, this is a very big deal.

• CMR. The first woman to ever chair the powerful House Energy and Commerce Committee, McMorris Rodgers just took that post last year. To me, her departure sends the message that senior Republicans aren't sure the GOP will be in charge of the House in 2025.

• NUMBERS. McMorris Rodgers is the 24th House member to opt for retirement after this year. 41 current House members won't be back after the 2024 elections - 23 Democrats and 18 Republicans. (8 of those GOP decisions have come in the last five weeks.)

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SENATE FLOOR. I have listened to a lot of speeches in my years of covering the Congress; most are quickly forgotten. But there was one this week on the Senate floor by Sen. James Lankford (R-OK) which deserves extra attention. That's the focus of today's Regular Order podcast featuring the new Jamie Dupree 3.0 voice.

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RAP SHEET. A New York man has been arrested on charges of assaulting police on Jan. 6. Aaron Sauer - a member of the Proud Boys militia group - used a chemical spray against officers outside and knocked down police barricades. "We were the front line for storming the cap," he wrote. "Fought through five police blockades."

• LAND OF LINCOLN. An Illinois man has been sentenced to 6 days in jail for his actions on Jan. 6 - one of the more unusual sentences in these cases. Tyng Jing Yang will go to jail for three consecutive weekends. Yang joined other rioters in aggressively confronting police in the Capitol Rotunda.

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MUSE OF HISTORY.  February 9, 1825.  On this date, the U.S. House elected John Quincy Adams as President over Andrew Jackson, provoking an angry political response which carried Jackson to victory in 1828.  Jackson had prevailed in the election of 1824, but did not win a majority of the Electoral Vote, throwing the selection to the House.  Speaker Henry Clay then delivered victory for Adams - and was later named Secretary of State - part of what is known as the 'Corrupt Bargain.'

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LEGISLATIVE PROGRAM:

The House is back for votes on Monday.

The Senate convenes at 12 noon.

Check President Biden’s schedule.

Follow me on Twitter @jamiedupree.

Email me at jamiedupree@substack.com

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