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Column: Biden's memory is failing. So is Trump's. The question is whose flaws are more dangerous

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Column: Biden's memory is failing. So is Trump's. The question is whose flaws are more dangerous

In a career that spans more than half a century, President Biden has long been known all too well for mangling words, names and dates in verbal pratfalls known, perhaps gently, as gaffes.

During the 2020 presidential campaign, then-President Donald Trump publicly charged that Biden, then only 77, was suffering from “dementia.” The insult didn’t stick; Biden campaigned effectively enough to defeat Trump that November.

But the controversy over the president’s mental fitness has only intensified as he has sought a second term.

Biden’s age, since he’s the oldest man ever to serve as president, inescapably weighs on voters’ minds.

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Thursday’s report from special counsel Robert Hur deepened Biden’s political problem by painting a more damaging official picture of the president than had been seen before.

The report said Biden, now 81, came across as a “well-meaning, elderly man with a poor memory.”

That may have been the nicest thing it said.

In his interviews with Hur, Biden had difficulty remembering which years he had served as vice president and what year his son Beau had died, the report said. His memory of a White House debate over Afghanistan, a subject on which he was once passionate, was hazy.

In response to one question, the president replied: “If it was 2013, when did I stop being vice president?”

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Biden and his aides responded to the report with fury.

“I know what the hell I’m doing,” the president told reporters a few hours after the report’s release.

On Friday, Vice President Kamala Harris, a former prosecutor, called Hur’s decision to include the details of Biden’s memory gaps “gratuitous” and “politically motivated” — a talking point other Democrats repeated throughout the day. (The special counsel is a Republican who was originally appointed by Trump.)

Aides suggested that Biden might not have been at his best when he met with Hur. They said he was focused on the Oct. 7 Hamas attack on Israel, which had occurred only a few days before the interviews.

Still, as Biden demonstrated, the issue of his fitness threatens to surface every time he appears in public. On Thursday, in the news conference he called to defend his mental acuity, he misidentified the president of Egypt as the president of Mexico.

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The question is present on both sides of the presidential campaign, since Trump, who turns 78 in June, would be the second-oldest man ever to win a major party’s nomination.

And Trump, too, often appears to suffer from memory lapses.

He recently confused Nikki Haley, his last remaining challenger for the GOP nomination, with Nancy Pelosi, the former Democratic speaker of the House.

He referred to the president of Hungary as the president of Turkey.

He bragged last year that he had defeated President Obama in the 2016 election, when his opponent was Hillary Clinton, and claimed that he had won all 50 states that year (he won 30).

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He warned that Biden might lead the country into “World War Two.”

Polls suggest that most voters perceive Trump as more vigorous than Biden. An NBC News poll this week showed Trump ahead by 16 points on the question of who is more competent and effective.

In a YouGov survey released Friday, 47% of voters said that Biden’s health and age would “severely limit his ability to fulfill his duties” if he were reelected in November. Only 32% said the same about Trump.

But neither candidate emerged from that survey a clear winner.

The YouGov poll found that roughly the same share of Americans thought that either Biden or Trump would be fit to serve another term — just over one-third in each case. One in five said that neither would be fit.

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Trump has glaring flaws beyond his memory problems. He is the undisputed king of presidential mendacity; the Washington Post has estimated that he made more than 30,000 false or misleading claims during his four years in the White House.

He frequently expresses admiration (or perhaps envy) for dictators such as Russian President Vladimir Putin and North Korean leader Kim Jong Un.

Trump has also argued that a president should be immune from federal laws, and that the provisions of the Constitution that allowed Biden to win the 2020 election should be “terminated.”

And, of course, he faces a stack of indictments in four separate criminal cases, including one for refusing to turn over classified documents after leaving the White House. Although Hur criticized Biden’s memory, he also made a point of contrasting Biden’s cooperation with Trump’s stonewalling.

“After being given multiple chances to return classified documents and avoid prosecution, Mr. Trump allegedly did the opposite,” Hur’s report said. “According to the indictment, he not only refused to return the documents for many months, but he also obstructed justice by enlisting others to destroy evidence and then to lie about it.”

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So yes, both candidates have memory problems. The more important question is: Whose judgment is sounder?

Biden’s response to reporters’ questions about his fitness sounded straightforward: “Watch me.”

Voters are entitled to respond: “OK, show us.”

But the president and his aides have carefully rationed his public exposure.

For the record:

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5:50 p.m. Feb. 9, 2024A previous version of this column said the Super Bowl is on Monday. It will be played Sunday.

He hasn’t done many town halls, an exercise he once enjoyed. He’s ducked most requests for media interviews. He even passed up a chance for a nationally broadcast interview during Sunday’s Super Bowl, an opportunity most presidents take to reach a gigantic audience.

Several years ago, I asked Biden what strategy he relied on to bounce back from a gaffe.

“Own it,” he said.

But in response to Hur’s report, he angrily denied that he had any serious memory problems.

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“They don’t know what they’re talking about,” he said of the prosecutors.

But he might be better off if he took his own advice — and acknowledged his fumbles.

After all, the voters’ choice is between two elderly men with poor memories — and only one of them doesn’t respect the Constitution.

The question isn’t whose aging memory is sharper. It’s whose flaws are more dangerous.

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Trump ally diGenova tapped to lead DOJ probe into Brennan over Russia probe origins

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Trump ally diGenova tapped to lead DOJ probe into Brennan over Russia probe origins

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The Justice Department is turning to former Trump attorney Joeseph diGenova to spearhead a probe into ex-CIA Director John Brennan and others over the origins of the Trump-Russia investigation, as the department reshuffles leadership of the sprawling inquiry.

Acting Attorney General Todd Blanche has tapped diGenova to serve as counsel overseeing the matter, according to a New York Times report, putting a former Trump attorney in a key role in the high-profile probe. A federal grand jury seated in Miami has been impaneled since late last year.

The Department of Justice did not immediately respond to Fox News Digital’s request for comment.

DOJ ACTIVELY PREPARING TO ISSUE GRAND JURY SUBPOENAS RELATING TO JOHN BRENNAN INVESTIGATION: SOURCES

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Joseph diGenova represented President Donald Trump during special counsel Robert Mueller’s investigation. (Tom Williams/CQ-Roll Call/Getty Images)

DiGenova, a former U.S. attorney in Washington, D.C., who represented Trump during special counsel Robert Mueller’s investigation, has repeatedly accused Brennan of misconduct tied to the origins of the Russia probe—allegations that have not resulted in criminal charges.

He also said in a 2018 appearance on Fox News that Brennan colluded with the FBI and DOJ to frame Trump.

The origins of the Russia investigation have been the subject of ongoing scrutiny by Trump allies, who have argued that intelligence and law enforcement officials improperly launched the probe.

BRENNAN INDICTMENT COULD COME WITHIN ‘WEEKS’ AS PROSECUTORS REQUEST OFFICIAL TRANSCRIPTS

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Joseph diGenova has previously said that ex-CIA chief John Brennan colluded with the FBI and DOJ to frame Trump. (Tom Williams/CQ-Roll Call/Getty Images)

DiGenova’s appointment follows the ouster of Maria Medetis Long, a national security prosecutor in the South Florida U.S. attorney’s office. She had been overseeing the inquiry, including a false statements probe related to Brennan and broader conspiracy-related investigations.

As the investigation continues, federal investigators have issued subpoenas seeking information related to intelligence assessments of Russian interference in the 2016 election.

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John Brennan has denied any wrongdoing related to the Russia investigation. (William B. Plowman/NBC/NBC NewsWire via Getty Images; Alex Wong/Getty Images)

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Brennan has previously denied wrongdoing related to the Russia investigation and has defended the intelligence community’s assessment that Moscow interfered in the 2016 election.

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Supreme Court weighs phone searches to find criminals amid complaints of ‘digital dragnets’

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Supreme Court weighs phone searches to find criminals amid complaints of ‘digital dragnets’

A man carrying a gun and a cellphone entered a federal credit union in a small town in central Virginia in May 2019 and demanded cash.

He left with $195,000 in a bag and no clue to his identity. But his smartphone was keeping track of him.

What happened next could yield a landmark ruling from the Supreme Court on the 4th Amendment and its restrictions against “unreasonable searches.” The court will hear arguments on the issue on April 27.

Typically, police use tips or leads to find suspects, then seek a search warrant from a judge to enter a house or other private area to seize the evidence that can prove a crime.

Civil libertarians say the new “digital dragnets” work in reverse.

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“It’s grab the data and search first. Suspicion later. That’s opposite of how our system has worked, and it’s really dangerous,” said Jake Laperruque, an attorney for the Center for Democracy & Technology.

But these new data scans can be effective in finding criminals.

Lacking leads in the Virginia bank robbery, a police detective turned to what one judge in the case called a “groundbreaking investigative tool … enabling the relentless collection of eerily precise location data.”

Cellphones can be tracked through towers, and Google stored this location history data for hundreds of millions of users. The detective sent Google a demand for information known as a “geofence warrant,” referring to a virtual fence around a particular geographic area at a specific time.

The officer sought phones that were within 150 yards of the bank during the hour of the robbery. He used that data to locate Okello Chatrie, then obtained a search warrant of his home where the cash and the holdup notes were found.

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Chatrie entered a conditional guilty plea, but the Supreme Court will hear his appeal next week.

The justices agreed to decide whether geofence warrants violate the 4th Amendment.

The outcome may go beyond location tracking. At issue more broadly is the legal status of the vast amount of privately stored data that can be easily scanned.

This may include words or phrases found in Google searches or in emails. For example, investigators may want to know who searched for a particular address in the weeks before an arson or a murder took place there or who searched for information on making a particular type of bomb.

Judges are deeply divided on how this fits with the 4th Amendment.

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Two years ago, the conservative U.S. Court of Appeals for the 5th Circuit in New Orleans ruled “geofence warrants are general warrants categorically prohibited by the 4th Amendment.”

Chief Justice John Roberts sided with the court’s liberals in a 4th Amendment privacy case in 2018.

(Alex Wong / Getty Images)

Historians of the 4th Amendment say the constitutional ban on “unreasonable searches and seizures” arose from the anger in the American colonies over British officers using general warrants to search homes and stores even when they had no reason to suspect any particular person of wrongdoing.

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The National Assn. of Criminal Defense Lawyers relies on that contention in opposing geofence warrants.

Its lawyers argued the government obtained Chatrie’s “private location information … with an unconstitutional general warrant that compelled Google to conduct a fishing expedition through millions of Google accounts, without any basis for believing that any one of them would contain incriminating evidence.”

Meanwhile, the more liberal 4th Circuit in Virginia divided 7-7 to reject Chatrie’s appeal. Several judges explained the law was not clear, and the police officer had done nothing wrong.

“There was no search here,” Judge J. Harvie Wilkinson wrote in a concurring opinion that defended the use of this tracking data.

He pointed to Supreme Court rulings in the 1970s declaring that check records held by a bank or dialing records held by a phone company were not private and could be searched by investigators without a warrant.

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Chatrie had agreed to having his location records held by Google. If financial records for several months are not private, the judge wrote, “surely this request for a two-hour snapshot of one’s public movements” is not private either.

Google changed its policy in 2023 and no longer stores location history data for all of its users. But cellphone carriers continue to receive warrants that seek tracking data.

Wilkinson, a prominent conservative from the Reagan era, also argued it would be a mistake for the courts to “frustrate law enforcement’s ability to keep pace with tech-savvy criminals” or cause “more cold cases to go unsolved. Think of a murder where the culprit leaves behind his encrypted phone and nothing else. No fingerprints, no witnesses, no murder weapon. But because the killer allowed Google to track his location, a geofence warrant can crack the case,” he wrote.

Judges in Los Angeles upheld the use of a geofence warrant to find and convict two men for a robbery and murder in a bank parking lot in Paramount.

The victim, Adbadalla Thabet, collected cash from gas stations in Downey, Bellflower, Compton and Lynwood early in the morning before driving to the bank.

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After he was robbed and shot, a Los Angeles County sheriff’s detective found video surveillance that showed he had been followed by two cars whose license plates could not be seen.

The detective then sought a geofence warrant from a Superior Court judge that asked Google for location data for six designated spots on the morning of the murder.

That led to the identification of Daniel Meza and Walter Meneses, who pleaded guilty to the crimes. A California Court of Appeal rejected their 4th Amendment claim in 2023, even though the judges said they had legal doubts about the “novelty of the particular surveillance technique at issue.”

The Supreme Court has also been split on how to apply the 4th Amendment to new types of surveillance.

By a 5-4 vote, the court in 2018 ruled the FBI should have obtained a search warrant before it required a cellphone company to turn over 127 days of records for Timothy Carpenter, a suspect in a series of store robberies in Michigan.

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The data confirmed Carpenter was nearby when four of the stores were robbed.

Chief Justice John G. Roberts, joined by four liberal justices, said this lengthy surveillance violated privacy rights protected by the 4th Amendment.

The “seismic shifts in technology” could permit total surveillance of the public, Roberts wrote, and “we decline to grant the state unrestricted access” to these databases.

But he described the Carpenter decision as “narrow” because it turned on the many weeks of surveillance data.

In dissent, four conservatives questioned how tracking someone’s driving violates their privacy. Surveillance cameras and license plate readers are commonly used by investigators and have rarely been challenged.

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Solicitor Gen. D. John Sauer relies on that argument in his defense of Chatrie’s conviction. “An individual has no reasonable expectation of privacy in movements that anyone could see,” he wrote.

The justices will issue a decision by the end of June.

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Trump renews bridge, power plant threat against Iran in push for deal, mocks ‘tough guy’ IRGC

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Trump renews bridge, power plant threat against Iran in push for deal, mocks ‘tough guy’ IRGC

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President Donald Trump mocked the Islamic Revolutionary Guard on Sunday morning for staking claim to a Strait of Hormuz “blockade” the U.S. military had already put in place.

“Iran recently announced that they were closing the Strait, which is strange, because our BLOCKADE has already closed it,” Trump wrote on Truth Social. “They’re helping us without knowing, and they are the ones that lose with the closed passage, $500 Million Dollars a day! The United States loses nothing. 

“In fact, many Ships are headed, right now, to the U.S., Texas, Louisiana, and Alaska, to load up, compliments of the IRGC, always wanting to be ‘the tough guy!’”

Trump declared Saturday’s IRGC fire was “a total violation” of the ceasefire.

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“Iran decided to fire bullets yesterday in the Strait of Hormuz — A Total Violation of our Ceasefire Agreement!” his post began.

“Many of them were aimed at a French Ship, and a Freighter from the United Kingdom. That wasn’t nice, was it? My Representatives are going to Islamabad, Pakistan — They will be there tomorrow evening, for Negotiations.”

Trump remains hopeful about diplomacy, but is not ruling out a return to force, where he once warned about ending “civilation” in Iran as they know it.

“We’re offering a very fair and reasonable DEAL, and I hope they take it because, if they don’t, the United States is going to knock out every single Power Plant, and every single Bridge, in Iran,” Trump’s stern warning continued. 

“NO MORE MR. NICE GUY! 

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“They’ll come down fast, they’ll come down easy and, if they don’t take the DEAL, it will be my Honor to do what has to be done, which should have been done to Iran, by other Presidents, for the last 47 years. IT’S TIME FOR THE IRAN KILLING MACHINE TO END!”

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