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Jailed whistleblower David McBride loses appeal against severity of sentence
Jailed whistleblower David McBride loses appeal against severity of sentence

ABC News

time7 days ago

  • General
  • ABC News

Jailed whistleblower David McBride loses appeal against severity of sentence

Former military lawyer David McBride has lost his appeal against the severity of his sentence for sharing classified documents with journalists. McBride pleaded guilty to theft and distributing the documents to three journalists, and was sentenced last year to five years and eight months jail, with a non-parole period of two years and three months. The appeal had a two-pronged approach, targeting the sentence and a ruling by the judge that he could not rely on an argument that it was his duty to reveal the information in his defence. McBride wanted to argue the duty came from the oath he swore to the Queen when he joined the military. When the court refused to allow the argument, McBride said he had been stripped of his defence and his only option was to plead guilty. Around 2013, McBride began copying material, putting it on his own computer, printing and taking it home in his backpack. He ended up removing 235 documents, 207 of which held secret classifications. The documents were stored in plastic bins in his cupboard. He offered the material to three journalists, Chris Masters, Andrew Clarke and the ABC's Dan Oaks. During the court hearings the details emerged. Chris Masters and Andrew Clarke did nothing with the material. Mr Clarke told McBride in 2015 he had destroyed the documents. Only the ABC used the material, to produce the Afghan files, which detailed allegations of unlawful killings by Australian soldiers. But the story the ABC told was totally different to the one McBride wanted told. He had hoped that by giving the material to the journalists he would expose his own concerns that there was too much scrutiny of soldiers. Knowing charges were inevitable, McBride hung out in Spain for a while, before returning to Australia for an event at his daughter's school in 2018. When he tried to leave the country again, he was arrested at Sydney Airport. He faced the ACT Magistrates Court charged with theft and sharing the material in March 2019. But he had already set off a chain of events with wide-ranging consequences, as the ABC was raided by Australian Federal Police officers looking for material. And then came the pandemic. It was years before the case reached the trial stage in 2024, with McBride unable to meet his lawyers face-to-face because of travel restrictions. In the end the trial never really started, after ACT Supreme Court Justice David Mossop refused to allow what McBride said was his key defence: that he had a duty to release the information. His lawyers lodged a last ditch appeal, but lost that too, and he pleaded guilty. That decision was one of the issues raised in today's appeal. McBride's lawyers said their proposed appeal to the High Court was necessary because of the ramifications McBride's case has for other Australians. "We believe that only the High Court can properly grapple with the immense public interest and constitutional issues at the heart of this case," his lawyers said in a statement. They also called for the federal government to pardon McBride. "It is now time for the attorney-general to show leadership. To show Australians that this Labor government will no longer jail whistleblowers." Through his lawyers, McBride said Australians would be outraged by the Court of Appeal decision. "It is my own conscience and the people of Australia that I answer to. I have kept my oath to the Australian people," he said in the statement. McBride has been in Canberra's jail since October last year. His appeal was heard in March. For each and every appearance McBride has been buoyed by a loyal group of supporters who gathered again today outside the ACT courts building. McBride was in court in person for the ruling which threw out his appeal, with his supporters, including his wife, in the public gallery. He has now been returned to Canberra's jail and his lawyers say they will prepare for a High Court challenge.

Hur Audio is DAMNING
Hur Audio is DAMNING

Fox News

time19-05-2025

  • Politics
  • Fox News

Hur Audio is DAMNING

The newly released audio interview between special counsel Hur and our supposed President Joe Biden is startling. I'm Tomi Lahren, more next. Well the audio version of special counsel Robert Hur's interview with Joe Biden is finally out and it is DAMNING. If you recall, this interview was conducted due to vice president turned president turned puppet Joe Biden's mishandling of classified documents. Remember, Hur chose not to prosecute Joe Biden, not because he wasn't guilty of mishandling classified material, but because Hur found Joe to be an 'elderly man with a poor memory.' Well now that we have the audio evidence, that assessment of Joe is putting it mildly. Joe couldn't remember or articulate milestone dates or events. He stammered and stuttered and lost his train of thought. The only question remaining is, who WAS running the country for 4 years? Because it wasn't Joe! I'm Tomi Lahren and you watch my show 'Tomi Lahren is Fearless' at Learn more about your ad choices. Visit

CNN host suggests Robert Hur 'undersold' extent of Biden memory lapses during special counsel interview
CNN host suggests Robert Hur 'undersold' extent of Biden memory lapses during special counsel interview

Fox News

time18-05-2025

  • Politics
  • Fox News

CNN host suggests Robert Hur 'undersold' extent of Biden memory lapses during special counsel interview

CNN host Abby Phillip suggested on Friday that former Special Counsel Robert Hur "undersold" the extent of former President Biden's decline after his interview with the former president in the February 2023 classified documents probe. The CNN host argued that Hur threw the former president and the Democratic Party "a lifeline." "In a way, Robert Hur kind of undersold this," Phillip said. "He kind of threw Joe Biden a lifeline. It was an opportunity, actually, for Democrats to take it seriously, maybe change gears at that point, maybe give a potential nominee more time." The audio, obtained by Axios, contains clips from several interviews between the former president and Hur related to an investigation into his handling of classified documents when he was vice president. The transcript of Biden's interview with Hur was released last year, and confirmed the president's frequent memory lapses. Hur's written report described Biden as a "sympathetic, well-meaning, elderly man with a poor memory." Joe Borelli, a former Republican leader on the New York City Council, argued that no one was surprised by the Hur-Biden audio. "I would count the number at zero. The number is zero, of people that heard the Hur tape and were surprised. And this is why there's so much distrust in media. Because you're right, maybe in 2020 it wasn't obvious, but 2022, 2023, right, now, everyone saw this person first with the notes of who to ask questions, with the questions pre-handed out, pre-answered, right. Then there was the guy who couldn't get up the stairs, he couldn't get up a single flight of stairs without falling. He fell off his bike. He would struggle for every answer," Borelli said. "We all saw that, and most of us were able to identify the fact that the White House, and allies in media, were lying night after night after night, and then suddenly the script flipped. Joe Biden was cast aside, and suddenly now we could talk about that as though we all should have known, or we all should saw it. We all made mistakes that maybe we should apologize for. But it was clear as day to anybody," Borelli continued. Pete Seat, former spokesperson for President George W. Bush, highlighted a specific portion of the audio when Biden admits that he held onto documents related to Afghanistan for "posterity." Biden first said he didn't recall why he had the document when asked about it by Hur, who told him it was found in the library of his lake house. "I don't know that I knew," that he had the document, Biden answered, "but it wasn't something I would have stopped to think about." Biden then said, "I guess I wanted to hang on to it for posterity's sake. I mean, this was my position on Afghanistan. I've been of the view from a historical standpoint that there are certain points in history, world history, where fundamental things change using technology." "So he was admitting what the White House was telling us was just inadvertent, that all these documents were in boxes in his garage in Delaware, inadvertently. Here's the president admitting that he knowingly kept the document. But then his attorney interjects, Bob Bauer. And he's like, 'no, no, no, no, no, he doesn't remember. We can't speculate.' So, in private, they were leaning into his forgetfulness. They were trying to use that to protect him from a criminal charge. Yet, to the public, they were telling us, 'Oh, he's sharp, and he's lucid, and he can recite the periodic table by memory,'" Seat said. Ahmed Baba, journalist and columnist for the Independent, pushed back on the notion that it was a media cover-up and argued that the media covered it "pretty ferociously as they could from the outside." "I don't think it was necessarily a media failure because I think they covered it ferociously. I just think now, as we have this context in hindsight, the real key thing was he shouldn't have run for reelection," he said. Maria Cardona, a CNN political commentator, added, "I think at the end of the day, the accountability falls with Joe Biden and, frankly, probably with Jill Biden, too." "Yeah, that's true. But it also falls on the Democratic Party, which ostracized people who said anything about Joe Biden," Phillip added. "Including attacking the media for even raising the issue of his age, when clearly it was an issue. I mean, there's accountability there, too."

Leaked audio of Hur interview shines light on Biden mental fitness: What to know
Leaked audio of Hur interview shines light on Biden mental fitness: What to know

Yahoo

time17-05-2025

  • Politics
  • Yahoo

Leaked audio of Hur interview shines light on Biden mental fitness: What to know

Former President Biden has found his way back into the spotlight more than 100 days after President Trump reclaimed the White House. Audio, obtained by Axios, from Biden's October 2023 interview with special counsel Robert Hur about classified documents found in his private home from his time as vice president was published by the outlet on Saturday. A shorter clip was released late Friday. The five-hour interview comes from Hur's first day of questioning and appears to show Biden struggling. While the Department of Justice released a transcript of the conversation last year, the Biden administration had pushed back on releasing the tapes, citing concerns over potential tampering or 'deepfakes.' Hur ultimately ruled that Biden 'willfully' kept the documents but suggested a jury would find he is 'a sympathetic, well-meaning, elderly man with a poor memory.' No charges were filed. Here's what to know about the leaked audio. Special Counsel Robert Hur on Capitol Hill in Washington, D.C., March 12, 2024. (Photo by Mandel NGAN /AFP) Biden in several points during the interview had to pause mid-sentence while struggling to find the words to say, the audio shows. The tone of the conversation highlighted the former president's difficulty remembering timelines or staying on track. In one instance he struggles to recall the year his son, Beau, died from brain cancer. Biden was asked by the special counsel to describe his private residence and where he kept the classified documents. 'Well, um … I, I, I, I, I don't know. This is, what, 2017, 2018, that area?' he replied but quickly diverted into why he didn't run against Trump in 2016, citing former President Obama's enthusiasm for former Secretary of State Hillary Clinton. Later, he added, 'I hadn't walked away from the idea that I may run for office again. But if I ran again, I'd be running for president. And, and so what was happening, though — what month did Beau die? Oh, God, May 30th.' Two of White House aides interjected to remind him it was 2015 when his son died. He then struggles to relay the year Trump defeated Clinton in the election. 'And what's happened in the meantime is that as … Trump gets elected in November of 2017,' Biden continues, which two staffers quickly correct to 2016. He added, '16. 2016. Alright, so — why do I have 2017 here?' The numbers appeared to confuse Biden once again, as he returned to the topic of Beau and his younger son Hunter Biden. 'OK, yeah. And in 2017, Beau had passed and — this is personal — the genesis of the book and the title 'Promise Me, Dad,' was a — I know you're all … close with your sons and daughters, but Beau was like my right arm and Hunt was my left.' After he finished glowing, Hur asked Biden if he wanted to take a break, per the audio. When the transcript was first released in March, the former president pushed back on the notion that he forgot details around Beau's death. President Joe Biden speaks from the Oval Office of the White House as he gives his farewell address Wednesday, Jan. 15, 2025, in Washington. (Mandel Ngan/Pool via AP) Biden also struggled to explain why he kept certain classified documents after leaving the White House in 2017, the audio shows. The documents were discovered at an office he previously used when serving as vice president, igniting a later search of his home. In addition to handwritten notes on national security, authorities collected 90 documents from his property, of which a little more than 50 contained classified markings. During the interview, the former president acknowledged that he may have wanted to keep a document related to foreign policy in Afghanistan 'for posterity's sake.' Biden had initially said he wasn't sure why he kept the document when asked for the purpose. 'I, I, I, I don't know that I knew, but it wouldn't have … it wasn't something I would have stopped to think about,' he responded. 'I don't know if it was going to be the subject of reporting, but I wanted to hang — I guess I wanted to hang onto it just for posterity's sake,' the former president said. 'I mean, this was my position on Afghanistan.' The reversal likely frustrated his attorneys, who then pressed the special counsel to avoid speculatory questioning that could lead to charges, after which Biden quickly added, 'I don't recall intending to keep this memo.' His lawyers then asked for a break. President Joe Biden walking out to speak at a news conference in the Rose Garden at the White House, Tuesday, Nov. 26, 2024, in Washington. (AP Photo/Manuel Balce Ceneta) Despite the memory lapses and needing assistance on certain words and dates, the audio shows that Biden was fully engaged with the special counsel. As Axios pointed out, the then-president made numerous jokes and came off like a 'nostalgic, grandfatherly storyteller.' He dived into several memories about the wood and molding he has in refurbished rooms at his house to the Corvette he drove with comedian Jay Leno. He also explained the influence of Gutenberg's printing press and spoke about former President Nixon's excessive sweating during a famous 1960 debate with former President Kennedy. The interview only became testy when his attorney asserted that prosecutors may be trying to implicate Biden with their questioning. President-elect Donald Trump greets President Joe Biden during the 60th Presidential Inauguration in the Rotunda of the U.S. Capitol in Washington, Monday, Jan. 20, 2025. (Chip Somodevilla/Pool Photo via AP) Trump told reporters early Friday that Attorney General Pam Bondi would be in charge of deciding whether to officially release the tapes. Following Axios's release, the president and his allies have doubled down on their earlier critiques of Biden — from his age to mental fitness to the use of an autopen at the end of his tenure. House Oversight Chair James Comer (R-Ky.) announced late Friday that his committee will investigate what he called a 'cover up' of Biden's cognitive function. The lawmaker said he intends to speak to several former White House aides as well as the former president's doctor Kevin O'Connor. Trump also blasted Biden on Saturday, calling the interview a 'scandal' and reupping his 2020 election fraud claims. 'Whoever had control of the 'AUTOPEN' is looking to be a bigger and bigger scandal by the moment,' the president wrote on his Truth Social platform, later calling his predecessor 'a hapless and cognitively impaired Sleepy Joe Biden.' He added, 'THE FIGHT HAS JUST BEGUN!!!' The messaging comes as many Democrats have cast blame on Biden for 2024 election losses, saying he should have withdrawn from presidential race earlier. Two recent books have also highlighted Biden's decline: 'Original Sin' by Axios's Alex Thompson and CNN's Jake Tapper and 'Fight' by The Hill's Amie Parnes and NBC's Jonathan Allen. The audio release also comes after the former president broke his silence for the first time since Trump returned to the Oval Office. He recently sat for interviews with BBC and ABC's 'The View,' to the chagrin of many Democrats who have aired frustration with the move. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Bombshell leaked audio reveals stuttering Joe Biden struggling to recall his son Beau's death during 2023 probe
Bombshell leaked audio reveals stuttering Joe Biden struggling to recall his son Beau's death during 2023 probe

The Sun

time17-05-2025

  • Politics
  • The Sun

Bombshell leaked audio reveals stuttering Joe Biden struggling to recall his son Beau's death during 2023 probe

The audio of ex-president Joe Biden's bombshell interview in which he struggles to recall his son Beau's death during a 2023 probe has been leaked. A special counsel report by Robert Hur at the time declared Biden 'wilfully retained and disclosed classified materials" but declined to charge him with a crime. 4 4 4 The investigation said the ex-president was unable to recall significant life events such as the dates he served as VP, and the year his son Beau died. Explaining the lack of charges at the time, Mr Hur said: "At trial, Mr Biden would likely present himself to a jury as a sympathetic, well-meaning, elderly man with a poor memory." While the transcripts of the interview with Hur became public last year, now the first audio recording of the bombshell interview has surfaced. The ex-president sat and spoke with Hur for five hours over two days in the fall of 2023 as part of the special counsel's probe. In one clip published by Axios, Biden was asked where he kept papers on matters he was "actively working" on after he left office as vice president to Barack Obama in 2017. He takes a long pause before saying: "I don't know". And at another point, Biden is even heard asking: "Am I making any sense to you?" The Democrat also struggled to remember when his eldest son Beau died, and looked for confirmation from those sat in on the interview. Biden asked: "What month did Beau die? Oh, God, May 30th." Two people in the room then finish his sentence, confirming "2015". Biden then questioned: "Was it 2015 he had died?" The ex-president then proceeds to talk about unrelated things that occurred during that time period, like those around him encouraging him to run for president in 2016. Biden is heard saying: "Remember, in this time frame, my son is… uh… would've been deployed or is dying and so… it was… and by the way there were still a lot of people at the time, when I got out of the Senate, that were encouraging me to run in this period - except the president." In another bombshell clip from Axios, upon being asked whether he knew he'd kept a memo related to Afghanistan, Biden first responded: "I don't know that I knew." But when pressed more, he said: "I guess I wanted to hang onto it just for posterity's sake." Straight after, one person from Biden's team interjected and tried to clarify the ex-president's answer. They said: "I just really would like to avoid for the purpose of a clean record, getting into speculative areas. "His recollection, as I understand it, is he does not recall specifically intending to keep this memo after he left the vice presidency." Timeline of Biden's failed re-election bid President Joe Biden endured weeks of calls to step aside before he announced on July 21 that he was dropping out of the 2024 presidential race. Here are key developments leading up to his decision. June 27: Biden's disastrous debate performance against Donald Trump sparks calls for him to step aside. His voice was raspy and he trailed off several times after having already endured questions about his age and mental capacity following a series of blunders at public events. July 2: Polls after the debate indicate that Trump is pulling ahead. Texas Representative Lloyd Doggett was the first Democratic congressman to publicly urge Biden to drop his bid for re-election, and big Democratic donors issued the same call a day later. July 5: Biden does a live TV interview with George Stephanopoulos where he tries to quell fears about his age and debate performance. He called the debate "bad night" and said he was under the weather and "exhausted." July 10: Vermont Senator Peter Welch becomes the first senator to call for Biden to drop out. July 11: Biden refers to Ukrainian President Zelensky as President Putin at a NATO event. July 13: Trump is shot at a campaign rally by a wannabe assassin. His popularity and favorability rating soared after he was seen bloodied on stage but walked off with a fist in the air, telling the crowd to "fight!" July 17: California Representative Adam Schiff and a series of other Democrats call for Biden to step aside. Even former President Barack Obama tells allies that Biden's path to victory has "greatly diminished." Biden tests positive for Covid-19 hours after saying he would consider ending his bid if he were diagnosed with "some medical issue." July 19: Biden insists he will continue campaigning in his first statement since Obama's U-turn, despite reports that he would decide to drop out by the weekend. July 21: Just before 2 pm, Biden announces he is stepping aside in the 2024 election and endorses Vice President Kamala Harris. Despite Hur declining to bring charges against Biden, in a final report he said how keeping the documents on foreign policy still presented 'serious risks to national security'. Biden and his team slammed Hur's characterization of the former president as inaccurate and unfair. The ex-president defended himself at the time, insisting: "My memory is fine." A bombshell new book alleges the White House covered up Biden's condition, which at one point last year was said to be so severe that aides even discussed putting him into a wheelchair. In the book called Original Sin by Jake Tapper and Alex Thompson, it's claimed that Biden was even unable to recognise Hollywood legend George Clooney or remember the names of key aides. Trump halts Biden's access to classified information In February, Trump told Joe Biden "YOU'RE FIRED" after halting his access to daily intelligence briefings as revenge for the ex-president doing the same to him four years prior. Trump slammed the Democrat on his Truth Social platform, saying there was "no need" for him to "continue receiving access to classified information". The Republican already revoked the security clearance of over four dozen former intelligence officials whom he accused of fiddling with the 2020 election which he branded the "greatest fraud in US history", He posted on Friday evening that the Democrat "set this precedent in 2021, when he instructed the Intelligence Community (IC) to stop the 45th President of the United States (ME!) from accessing details on National Security, a courtesy provided to former Presidents." Biden barred Trump from receiving intelligence briefings that are usually given to former presidents, justifying his actions by claiming Trump's behavior before the Capital attack was concerning. The precedent set by the Democrat means Trump can too stop his predecessor's access to daily intelligence briefings. But Trump also says he wants to revoke Biden's security clearance. The Republican added that he "could not be trusted with sensitive information," pointing to a justice department inquiry into Biden's storage of classified files from his time as Barack Obama's vice-president. 4

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