Drip, Drip, Drip
The Inevitable Investigation Into The Concealment Of Joe Biden's Dementia Begins
This step has been coming for weeks now. It was made inevitable when Jake Tapper and Alex Thompson released their CYA masquerading as a “tell all” about Joe Biden’s dementia, Original Sin.
President Trump has ordered a formal investigation into whether Joe Biden actually authorized the instances where the Autopen was used to affix his signature to official documents—bills to be come law, executive orders, and even Presidential pardons.
Given clear indications that President Biden lacked the capacity to exercise his Presidential authority, if his advisors secretly used the mechanical signature pen to conceal this incapacity, while taking radical executive actions all in his name, that would constitute an unconstitutional wielding of the power of the Presidency, a circumstance that would have implications for the legality and validity of numerous executive actions undertaken in Biden’s name.
As I have discussed previously, Tapper and Thompson have all but alleged criminal usurpation of Presidential authority by the Biden White House staff.
Jake Tapper and Alex Thompson just in talking about their book prove Democrats knowingly installed as President a man they knew was in cognitive decline. They prove that Democrats were prepared to keep Biden in the Oval Office for a second term knowing his dementia had become so severe he was simply not functioning on any level.
At issue is not whether the use of the Autopen itself invalidates a Presidential signature. At issue is whether Joe Biden—the duly elected 46th President of the United States—authorized each and every instance of Autopen usage.
The official stance of the White House Office of Legal Counsel has for nearly 20 years been that Autopen signatures are valid when affixed upon direction by the President. However, the memo establishing that stance also is clear that the President cannot delegate the decision whether or not a signature should be so affixed.
We do not suggest that the President may delegate the decision whether to approve[]” and “sign” a bill.U.S. Const. art. I,§ 7, cl. 2. It has long been the view of the Executive Branch that the President may not delegate this decision.
If Joe Biden did not explicitly authorize the use of the Autopen—even by a perfunctory “go ahead and sign it” verbal declaration—then it is an open question whether he could have actually made the decision that a bill, executive order, or pardon should be signed.
Add to that public acknowledgment by Tapper, Thompson, and others that the signs of Biden’s advancing dementia were apparent even before 2020 and the question arises whether Biden could even legal make such decisions. Corporate media knew the signs were there, and willfully chose the political route of ignoring those signs rather than reporting on them.
Thus we have a very real possibility that Biden White House staffers criminally usurped nondelegable authorities entrusted to President Joe Biden, opting to use the Autopen on their own initiative, rather than at the clear direction of the President.
There is no scenario where that act is not unlawful. There is no scenario where the Biden White House Staff can be presumed not to have known that act would be unlawful.
Did that happen during the Biden Presidency?
We perhaps do not have evidence that it did beyond a reasonable doubt—the level of evidence that must be had for successful criminal prosecution—but we have a significant level of evidence. We might even already have a preponderance of evidence.
We certainly have enough evidence for the Attorney General to open a criminal investigation into the matter.
President Trump agrees with that view, and has ordered the Attorney General to begin that investigation.
A Constitutional can of worms is about to be opened.
There is no scenario where that act is not unlawful. There is no scenario where the Biden White House Staff can be presumed not to have known that act would be unlawful.
Did that happen during the Biden Presidency?
YES!
just as we did NOT need a $20 million study to know men think Republicans are strong and Democrats are weak, we don’t need an investigation to know that this is illegal behavior by the White House staff. But we DO need one to prosecute and undo all of the damage that has been done. This should be a slam dunk. It won’t be, it will be a fight to the finish…and hopefully the ball will make its way into to basket in the end.
The great challenge is going to be making a prosecutable case.
There are two questions that are going to be challenging to resolve as a matter of law:
1. What constitutes a valid authorization to use the Autopen?
2. Was a valid authorization given in each instance?
While public opinion particularly among the MAGA Coalition is that Joe Biden was clearly cognitively incapacitated, what is not certain is the legal sufficiency of the publicly known information. At this time Joe Biden is still presumed to be legally competent, and will remain so until a judge rules otherwise.
Can such a ruling be made on the strength of what is publicly known? Good question.
If such a ruling can be made on the strength of what is publicly known, the question then arises as to the duty of care owed by the White House staff. Ethically, they clearly should have pushed for the 25th Amendment to be invoked. Tapper and Thompson make that clear. Did they have a legal duty to do so?
If they did not have that duty of care, was it criminal for them to rely on verbal authorization from Biden to use the Autopen? We can safely assume that everyone in the White House will say Biden verbally authorized the Autopen, and the challenge for the prosecutors will be to prove he did not.
Politically, it seems clear that Presidential authority was abused during Biden’s Reign of Error. That understanding does not make a criminal case any easier to make. If anything, it makes it harder.