Missouri Attorney General Andrew Bailey, a Republican, called on the Department of Justice to investigate whether President Joe Biden’s alleged cognitive decline enabled unelected staff to enact far-left policies without his informed approval.
According to a letter from Bailey, “Biden’s mental decline is famous,” and staffers “may have exploited Biden’s incapacity so they could issue orders without an accountable President of sound mind approving them.”
He contends that such orders, including mass commutations and pardons for convicted criminals, would be “null and void” if Biden never knowingly approved them.
Bailey cites House Speaker Mike Johnson’s account of Biden’s mental decline heavily impacting his effectiveness as an executive: “Biden did not know what orders he was signing.”
“In January 2024, when Johnson asked Biden about a moratorium on energy exports to Europe, Biden informed Johnson that he thought he had merely signed an order authorizing a study on exports,” Bailey said.
Special Counsel Robert K. Hur released a 345-page report in February on Biden’s handling of classified documents, where Hur detailed early indications of the decline that would eventually lead Biden to drop out of the race just a few months later, as Bailey notes in the letter.
In what was described as “[t]he loudest public alarm about Joe Biden’s mental acuity,” Special Counsel Hur described Biden as an “elderly man with a poor memory” who could not even remember when he was Vice President or, even within several years, when his son passed away,” Bailey said about Hur’s report.
In the end, Hur declined to charge Biden, not necessarily for a lack of evidence, but for a seeming lack of competence as a “well-meaning, elderly man” with a “poor memory.”
Bailey points out, “If Biden could not even form a mens rea [criminal intent] for allegedly criminal activity (a low bar), how can anyone have confidence he had the capacity to make decisions as the chief executive of the United States?”
According to high-profile DNC fundraiser Lindy Li, quoted in the letter, “the people who ran our country for the last four years” were his staff, his wife, and his son, Hunter Biden.
Bailey further claims that prominent Democrats and senior staffers, including former Vice President Kamala Harris, heavily restricted Biden’s interactions, creating conditions under which unelected aides could assume disproportionate influence over policy.
Whether the president was fully aware when authorizing key decisions can pose significant constitutional questions and impact the balance of power among the executive branch, Congress, and individual states, with Bailey in particular pointing to Biden vacating the death sentences of several inmates who committed their offenses in Missouri.
And, if it is found that Biden was not competent, “As the Supreme Court recently held, States like Missouri can criminally try individuals under state law even if they already were prosecuted under federal law. States like Missouri need to know whether to pursue that path or similar paths.”
Likewise, the letter references a series of clemencies for roughly 2,500 people described as “non-violent.” Among them, it says, was an individual convicted in the killing of a mother and her 8-year-old child, heightening questions about whether authorities might revisit similar cases if the president himself was not competently directing those actions.
Bailey concludes, “I fear that Mr. Biden, while he held the office of President, did so in name only and was a mere puppet for far-left, unelected staffers. The people deserve to know the truth.”
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