Let me share a few thoughts on the Biden special counsel report.

First off, this is another example of the universal rule: Republican special counsels are chosen to investigate Democrats. And Republican special counsels are chosen to investigate Republicans. It may not have been a great idea for Merrick Garland to have a two-time Trump appointee investigate Joe Biden. But here we are. Robert Hur totally slimed Biden with these gratuitous comments about his mental acuity and memory, referring to him as a “well-meaning, elderly man with a poor memory.” Even if you assume they are the product of a good faith evaluation they are still wildly inappropriate.

DOJ guidelines make clear that if you’re not bringing charges you don’t bash the subject of the investigation in your announcement (a la James Comey). You certainly aren’t supposed to affirmatively attempt to demean the subject of the investigation with clearly political attacks that aren’t even related to what you’re investigating. Hur might as well have called him “Fake News Joe Biden.” It’s really that transparent and that bad.

A new episode of The Josh Marshall Podcast is live! This week, Kate and Josh discuss the waiting game on Trump’s immunity, congressional Republicans’ scuttling of the border deal to help Trump and some hopeful signs from the Arizona Senate race.

You can listen to the new episode of The Josh Marshall Podcast here.

I don’t know how or whether this has any relevance to today’s proceedings and ballot disqualification. But it’s one place where history provides some guidance as to why an amendment is written the way it is. First, I don’t think it makes sense at all that the disqualification clause doesn’t apply to the President. It’s a very over-clever semantic argument that is on par with the logic behind the “independent state legislature” theory: a hyper-literal focus on text without context which has the effect of producing an outcome no one could have intended. But — and this is a significant “but” — it is true that presidents were not what the authors of the language were most concerned about. And that matter of focus may have impacted how they structured the language.