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.
Yes, I should have been more specific. There definitely will be a political effect, even if it’s just 100,000 Democratic voters saying, “wait, what?” The effect in terms of legality is up in the air - we don’t know if there will be prosecutions, convictions, Supreme Court rulings, etc. I don’t know what the legal precedents are that would apply here. I guess what’s most unknown is the extent to which the politicians sweep all of this under a rug or grab it and run for a game-winning touchdown. If you see a specific legal strategy that would give Trump an irrefutable win, I’d love to hear about it, Peter.
It’s because you aren’t given to wild speculation that I’m always asking your opinion. You’ve earned my trust that your opinion will be measured, objective, and really smart!
The second you said “credible whistleblower”, I thought Karine what’s-her-name, who just quit the Democratic Party. Boy, she must have been privy to a lot of dirt! And she might NEED to testify, in order to cut a deal giving her legal protection from crimes for which she could be prosecuted!
Robert Hur declined to prosecute, but his report in February of last year helped set the stage for the June debate debacle and everything that followed.
A DOJ report becoming public next summer just before the midterms could have profound effect on the election outcomes, even if no prosecutable case can be built.
People want prosecutions. It's not hard to understand why. Will they get prosecutions? Frankly, I would not wager money on the possibility.
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.
It looks like an investigation will happen. But, Peter, would you be able to put a likelihood on this producing any real effect - say, 50% chance?
Yes, I should have been more specific. There definitely will be a political effect, even if it’s just 100,000 Democratic voters saying, “wait, what?” The effect in terms of legality is up in the air - we don’t know if there will be prosecutions, convictions, Supreme Court rulings, etc. I don’t know what the legal precedents are that would apply here. I guess what’s most unknown is the extent to which the politicians sweep all of this under a rug or grab it and run for a game-winning touchdown. If you see a specific legal strategy that would give Trump an irrefutable win, I’d love to hear about it, Peter.
It’s because you aren’t given to wild speculation that I’m always asking your opinion. You’ve earned my trust that your opinion will be measured, objective, and really smart!
The question is going to be If a credible whistleblower decides to break ranks and turn state's evidence. If that happens there will be prosecutions.
Unless there is a credible whistleblower it is unlikely there will be prosecutions.
The Biden White House staff are facing a true prisoner's dilemma.
The second you said “credible whistleblower”, I thought Karine what’s-her-name, who just quit the Democratic Party. Boy, she must have been privy to a lot of dirt! And she might NEED to testify, in order to cut a deal giving her legal protection from crimes for which she could be prosecuted!
I rule nothing out.
Tapper and Thompson threw the Biden Regime under the bus. Karine Jean-Pierre is repaying the favor.
The more this happens, the more likely someone gets caught in a legal vice.
We're gonna need more popcorn.
Half-hour later, I’m still chuckling over your ”we’re going to need more popcorn” truth. You’re a delight, Peter!
Define real effect.
Robert Hur declined to prosecute, but his report in February of last year helped set the stage for the June debate debacle and everything that followed.
A DOJ report becoming public next summer just before the midterms could have profound effect on the election outcomes, even if no prosecutable case can be built.
People want prosecutions. It's not hard to understand why. Will they get prosecutions? Frankly, I would not wager money on the possibility.
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 challenge will be making what is public knowledge into legal substantive evidence.
Mental competency is one area of law which is a sh*tshow on a good day. And that's the battle which has to be fought.