yeah, where does it say there was no intent? Oh it doesn't.
Yeah...ok it doesn't. Lol.
The below is just a few of many references.
And his cooperation with our investigation, including by reporting to the
government that the Afghanistan documents were in his Delaware garage, will likely
convince some jurors that he made an innocent mistake, rather than acting
willfully-that is, with
intent to break the law-as the statute requires.
Just as with retention, disclosure under Section 793(e) requires that the
defendant act willfully-that is, with the
intent to do something the law forbids. ,G:l A
person is not entitled to receive national defense information if he or she lacks a need
to know and an appropriate clearance as required by the executive order.
At trial, we expect Mr. Eiden to offer similar evidence of his subjective
understanding. Such evidence would be admissible as to the element of willfulness,which requires proof that Mr. Eiden acted with
intent to do something the law
forbids. 899 And we expect the evidence of Mr. Biden's state of mind to be compelling-
clear, forceful testimony that he did, in fact, believe he was allowed to have the
notebooks. While the government could question this testimony's veracity as a
convenient answer perhaps suggested by his attorneys after the discovery of his
classified notebooks, such a suggestion lacks evidentiary support and Mr. Biden's
testimony will likely carry significant weight with many jurors.
The exception is former President Trump. It is not our role to
assess the criminal charges pending against Mr. Trump, but several material
distinctions between Mr. Trump's case and Mr. Biden's are clear. Unlike the evidence
involving Mr. Biden, the allegations set forth in the indictment of Mr. Trump, if
proven, would present serious aggravating facts.
Most notably, after being given multiple chances to return classified
documents and avoid prosecution, Mr. Trump allegedly did the opposite. 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. In contrast, Mr. Eiden turned in classified documents to the National Archives and
the Department of Justice, consented to the search of multiple locations including his
homes, sat for a voluntary interview. and in other ways cooperated with the
investigation.
There are mitigating factors, as the report goes on to say, we don't prosecute senile people in the United States.
The word senile is not in the report.