Justice Department Special Counsel Robert Hur shocked the nation last week after announcing that no charges would be brought against President Joe Biden in his classified documents probe. 

But even more shocking was the reason why. Hur and his team essentially concluded that Biden didn't mishandle the documents because of his age and his failing memory.

The language in Hur's report painted a dire and alarming picture of what most Americans already knew -- Biden is too fragile, old, and cognitively challenged to hold office.

Some Republican senators, such as Sen. Josh Hawley, have concluded that they can't have it both ways -- either charge Biden for what he did with the documents, or invoke the 25th Amendment to remove him from office if he's not capable of leading the nation.

Hawley steps in

The Missouri senator, who was also the state's attorney general for several years, demanded that AG Merrick Garland seriously consider the mind-boggling situation presented after the report.

"I'm calling on [Garland] publicly now to do what I think is required under the law in the Constitution . . . either charge the president, or he will go to the cabinet and tell them, ‘I believe we have to invoke the 25th Amendment.’ He's got to do one or the other," Hawley said.

The senator's thoughts on the matter came via an interview with Fox News.

Hawley says Garland should invoke 25th Amendment if DOJ declines to charge Biden: 'One or the other'https://t.co/bEoYE739ta

— Josh Hawley (@HawleyMO) February 9, 2024

The Missouri Republican added, "If he doesn't, it will just confirm what everybody thinks, which is that there are two tiers of justice and that Garland himself is completely complicit in the corruption of this administration."

Fox News noted:

Hawley noted that every prosecutor has to weigh whether they can get a conviction, which ultimately informs the charging decision.

But in Hawley’s view, what is "unique" in Hur’s case is that he concluded that the elements of a crime were present, but chose not to charge based on the president’s mental state.

"He willfully did it"

Hawley commented on the part of the report that admits that Biden "willfully" took the classified documents with him.

"He concluded that the elements of a crime were present, namely that the president had willfully retained and disclosed classified information, so he knew it. I mean, the report makes it very clear he knew that it was classified information, this was done over years and decades — not just a couple of months — and he willfully did it," Hawley told Fox News.

He added, "But he ultimately recommends against prosecution, not because he didn't do it, but because, basically, Biden is mentally unfit to be prosecuted. Because he doesn't think that he can get a jury to ultimately convict, because the president is so mentally unstable."

It's easy to see why Democrats have remained silent on the issue. It's so obvious that Biden is incapable of performing his duties at this point, and now it's on paper from the hands of his own Justice Department.