2024-02-09 00:13:31
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A prosecutor declined to indict President Biden over classified documents.
He also questioned Biden's memory of events, including his son's death.
How in the hell dare he raise that?
What does the evidence show?
I'm Leila Faldin, that's Steve Inskeep, and this is Up First from NPR News.
Police seized the passport of Brazil's former president.
Jair Bolsonaro lost a presidential election.
He tried to overturn his defeat with claims about voting machines.
Now he faces new evidence that he was also planning a military coup.
Also the president of Ukraine replaced his country's army commander.
What caused President Volodymyr Zelensky to call for a renewal as the anniversary of the
war approaches?
Stay with us.
We've got the news you need to start your day.
On the TED Radio Hour, MIT psychologist Sherry Turkle.
Her latest research into the intimate relationships people are having with chatbots.
Technologies that say, I care about you, I love you, I'm here for you.
Take care of me.
The pros and cons of artificial intimacy.
That's on the TED Radio Hour from NPR.
The Democratic National Convention is underway in Chicago.
After a whirlwind start to their campaign, Vice President Kamala Harris and her running
mate Minnesota Governor Tim Walz are celebrating their newly minted ticket.
And Democrats are pitching their platform to the nation.
Listen to the NPR Politics Podcast for the latest news from the DNC.
We now know the findings of a special counsel who investigated President Biden's retention
of classified documents.
His report finds, quote, evidence that Biden, quote, willfully retained the classified material
from his vice presidency.
Yet the same report repeatedly gives reasons that the evidence falls short and would not
be likely to persuade a jury, which is why Robert Heard declined to prosecute.
NPR Justice Correspondent Ryan Lucas has been reading.
Ryan, good morning.
Good morning.
What do you find in these hundreds of pages?
Well, look, this this is a long report, but it does focus on a couple of sets of classified
materials that FBI agents found in their searches of Biden's homes and office.
One are documents related to military and foreign policy in Afghanistan during the Obama
administration, and the other are handwritten notes that date to Biden's time as vice
president. Biden jotted down notes in these things during intelligence briefings with
President Obama and in White House Situation Room meetings.
Some of this material is classified, and it's some of that material that Hearst says that
Biden shared on at least three occasions, the report says, with a ghostwriter that he
was working with. But as you said, there are no charges here.
The report says ultimately, the evidence doesn't support bringing charges.
It doesn't establish Biden's guilt beyond a reasonable doubt.
Hearst says in the report that it would be hard to prove that Biden willfully intended
to break the law. And it also describes him as a, quote, sympathetic, well-meaning elderly
man with a poor memory and says it would be hard to convince a jury to convict him.
And unsurprisingly, Republicans have jumped on that last part, describing Biden as an
old man with memory problems.
How is the president responding to that?
Well, look, legally, this report is good news for Biden in the sense that there are no
charges, but that doesn't mean that it can't still create political problems for him.
And the parts of Hearst's report that raised questions about his age and mental acuity
are certainly a case in point.
There's even a line in there that in his interviews with investigators, Biden didn't
remember the year his son, Beau, died.
Biden talked to reporters last night and he took that remark head on.
Let's take a listen. How in the hell dare he raise that?
Frankly, when I was asked the question, I thought to myself, it wasn't any of their
damn business.
You can hear in that comment there how upset Biden was.
And he said there's there's no reason for what he called such extraneous stuff to be
in the report. And he said the bottom line here is that there are no charges and this
investigation is now closed.
Former President Trump is facing criminal charges for the way that he handled
classified documents and, of course, is claiming now that he is being treated
differently. What is the response to that?
Well, look, the Justice Department rejects any allegation that there's a two tier justice
system in this country. It's worth pointing out that Robert Herr is a Republican.
Before he was appointed special counsel, he served as a U.S.
attorney during the Trump administration.
Now, yes, you have a Biden case, you have a Trump case, but there are significant
differences between those two cases.
Herr even points them out in his report.
Trump was provided multiple opportunities to return the classified documents that were
found at Mar-a-Lago.
According to the indictment, Trump refused to do so and even actively sought to
obstruct investigators by trying to get others to destroy evidence and then lie about it
to investigators.
Biden, on the other hand, he voluntarily turned over classified documents to the National
Archives and Justice Department after they were found.
He then voluntarily agreed to FBI searches of his homes.
He sat down for an interview with Herr's team.
So, as Herr says, there are significant distinctions between these two cases.
In fact, the special prosecutor says at one point, the fact that Biden agreed voluntarily
to searches of his home implies that perhaps he did not realize that classified documents
were there. Ryan, thanks so much.
Thank you. That's NPR Justice Correspondent Ryan Lucas.
We now have the story of a former president who made false claims of a stolen election.
No, we're not talking about Donald Trump, but he was friends with him.
Ex-Brazilian President Jair Bolsonaro is facing mounting evidence that points to him
participating in efforts to overturn the results of an election that ultimately unseated
him. Yesterday, federal police showed up at his residence in Rio Grande do Norte.
And forced him to hand over his passport.
NPR South America correspondent Carrie Khan is in Rio de Janeiro.
Hi there, Carrie. Hi, good morning.
What is the new evidence?
Well, first, Bolsonaro was not arrested yesterday.
Several of his close aides were.
And the federal police then unveiled its case of Bolsonaro's alleged participation in an
attempted coup in this 130-page detailed document, which has a lot of stunning evidence,
Steve, much that we have not heard before.
The investigation names dozens of people who worked with Bolsonaro allegedly well before
he lost his reelection bid back in 2022.
They include military personnel, his former defense minister, his former justice
minister and a national security adviser.
And the level at which Bolsonaro orchestrated much of, police says, was a vast
conspiracy to overturn the election results is new, too.
At one point, police say Bolsonaro edited a document that outlined how the coup would
unfold, including which leaders in the government would be arrested and who would not.
And that edit included the arrest of a justice of the Supreme Court.
Wow. Wow.
So these things didn't necessarily happen, but he's editing a document that is the plan.
Can you now fit this into the context of what we already knew about his failed effort to
overturn his defeat in 2022?
Sure. He claimed it was voter fraud and that Brazil's all-electronic voter system was
defective. His supporters spent months camping out in front of military
barracks, hoping the army would intervene and overturn the results of the election.
When that didn't happen, the supporters ransacked the Capitol on January 8th of last
year. Bolsonaro was denied he had anything to do with that attack.
Unlike Trump, who was the two were close allies when they were both in office.
Bolsonaro has already been barred from running for office until 2030 by electoral
authorities. And like Trump, Bolsonaro is also facing many more cases that could land
him in jail. How is he responding to this latest police raid that grabs his passport?
Bolsonaro, as always, denied any wrongdoing and says he's being politically persecuted.
The current president, Luiz Inácio Lula da Silva, who Bolsonaro lost to, also spoke out.
He said he hopes the investigation against Bolsonaro is professional and unbiased.
But he did add he didn't think the coup attempt could have happened without Bolsonaro.
I want to play you a bit of a conversation I had with Brazilian political scientist Guilherme
Casarrolles. It was interesting.
He was hopeful despite learning how the former right-wing leader had tried to undermine
Brazil's democratic consensus.
And, you know, that is quite serious in this country with a history of military
dictatorships. Even though there were very powerful people, people in office, in power
plotting against democracy, somehow democratic institutions have worked and have been
able to save democracy from a complete meltdown.
He says Brazilians should celebrate that.
OK, where's the investigation go next?
Well, there is a lot of evidence to go over from yesterday's police action and possibly
new plea agreements from aides of Bolsonaro that were arrested yesterday.
And all of that could prove very problematic for Bolsonaro.
OK. And Pierce Carey Khan, thanks so much.
You're welcome.
Let's go to Ukraine next, where President Volodymyr Zelensky says he is sidelining his
military commander as Russia's full-scale invasion of Ukraine approaches its third
year.
He has Zelensky posted on X that the country's army needs a, quote, renewal and that he
asked his outgoing general to remain part of the team.
Christopher Miller joins us next.
He's a reporter for the Financial Times based in Kyiv and author of the book The War
Came to Us, Life and Death in Ukraine.
Mr. Miller, welcome back.
Thank you. Good morning.
OK, so the general on the way out is Valeriy Zaluzhny.
He's very popular.
So why get rid of him now?
He was. You know, Ukraine's war effort right now is stalled and in a bit of trouble.
The country's big counteroffensive last year failed to achieve its goals.
It's running low on ammunition, on troops.
It's on the defensive while Russia has seized the initiative on the battlefield and is on
the attack. So Zelensky thinks it's time right now to reboot his army command and
hopefully turn around Ukraine's fortunes to see some progress this year.
I'm trying to think this through, however, if there's a shortage of ammunition, that's
not necessarily the general's fault.
You could say that it's the fault of the United States for not shipping enough.
Ukraine's allies for not shipping enough.
What would point a finger of blame at the general himself?
Right. Valeriy Zaluzhny, the now former top general, was in charge of the
counteroffensive and him and Zelensky were at odds at times about how to conduct that
counteroffensive. The United States was advising Kyiv and Ukraine on what to do.
Zaluzhny was listening to some of that, but also implementing some of his own
experiences on the battlefield.
President Zelensky is seen as having made some political decisions about how things
were to be done and having gone around Valeriy Zaluzhny to speak with his other
commanders on the battlefield.
So that's where some of the points of tension come in between the two, Zaluzhny and
Zelensky.
I'm also remembering, if I'm not mistaken, that Zelensky is an admirer of Abraham
Lincoln, the American president during the Civil War who changed generals again and
again and again until he found somebody who could win.
So the new guy is Oleksandr Skirsky.
What do you know about him?
Yeah, you know, Zelensky does like change.
He has changed over his government a few times, even before the full scale invasion.
So he's choosing Oleksandr Skirsky now.
Skirsky is seen as a close ally of Zelensky.
The president believes he can trust him to carry out his orders.
It's true that he's an experienced career commander who has been involved in many
battles before, including in Russia's first invasion in 2014.
But he's deeply unpopular with the rank and file troops who call him the butcher
because they say he's kept brigades too long in battles where they should have been
pulled out, costing valuable lives and ammunition.
The best example of that was the Battle of Bakhmut that saw Russia destroy the city
before capturing it last year.
Personnel aside, is it clear that the Ukrainian government has a strategy that they
think can work to win the war, given the various limitations of ammunition and
everything else that they face?
It's working on a clear and consistent strategy.
At the moment, it is taking what Skirsky is calling an active defense approach.
So that is actually similar to what Russia did last year in digging in deeper,
fortifying its frontline positions, rebuilding its military and its brigades.
Ukraine is hoping that it can train some new troops this year, again, fortify its
positions and essentially put itself in a stronger position than it is now to go on
the counteroffensive either later this year or in 2025.
So a defensive phase now, possibly offensive in the future.
Mr. Miller, thanks so much.
Thank you. That's Christopher Miller of the Financial Times.
And that's Up First for this Friday, February 9th.
I'm Steve Inskeep.
And I'm Laila Faldil.
Today's episode of Up First was edited by Dana Farrington, Ali Schweitzer, Tara Neal
and Mohamed El-Baddisi.
It was produced by Ziad Butch, Ben Abrams and Julie Deppenbrock.
We get engineering support from Arthur Laurent.
Our technical director is Zach Coleman and our executive producer is Erika Aguilar.
Start your day here with us tomorrow, which is Saturday.
That's when Up First comes your way with Ayesha Roscoe on Scott's side.
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