In an unprecedented move, former President Donald Trump has initiated an investigation into executive actions issued by President Joe Biden, including pardons, asserting that Biden may have been unable to perform his duties effectively due to alleged cognitive decline.
Trump’s decision represents a significant escalation in his ongoing campaign against Biden, who, at 82, recently began treatment for prostate cancer.
Dismissive of Trump’s claims, Biden labeled the investigation as ‘ridiculous.’
Trump, who turns 79 this month, has consistently questioned Biden’s mental fitness and physical endurance.
By instructing his White House counsel and attorney general to dig deeper into his allegations, Trump aims to substantiate his claims that Biden’s administration concealed information concerning his declining mental acuity.
Moreover, Trump has raised questions regarding the legitimacy of Biden’s use of an autopen for signing pardons and other executive documents, suggesting that such actions might undermine the validity of Biden’s presidency.
‘Whoever used the autopen was the president,’ Trump stated, implying that Biden might not have been aware of key decisions made during his administration.
Trump went even further, alleging that elements within the Biden administration could have manipulated the president’s signature without his consent.
‘He didn’t have much of an idea of what was going on,’ Trump claimed, though he conceded he had no substantial evidence to support his assertions.
In a fundraising email shortly thereafter, Trump posed the question, ‘A robot ran the country?’ signaling an attempt to rally his base around this narrative.
Legal experts have expressed skepticism regarding the implications of Trump’s investigation, arguing it is more politically motivated than likely to yield significant legal repercussions.
According to Richard Pildes, a constitutional law expert at New York University, this action seems to serve as a narrative fuel without providing any judicial recourse against Biden’s executive actions.
Pildes noted, ‘I think it’s designed to continue to fuel a narrative that the administration wants to elevate, but courts are not going to second-guess these sorts of executive actions.’
Trump’s investigation could potentially encapsulate a range of Biden’s actions, particularly those related to executive orders and pardons.
Historically, Trump has criticized the legitimacy of pardons Biden issued, particularly those addressing concerns that opponents of Trump’s criminal investigations might be unfairly targeted.
Moreover, Trump has postulated that Biden may not have had a comprehensive understanding of immigration policies enacted under his watch, indicating that Biden’s team may have prioritized social issues, such as transgender rights, without fully informing the president.
While a successor can easily repeal an executive order by issuing a new one, the integrity of pardons and judicial appointments is more complex, as highlighted by legal expert Pildes.
He explains that completed legal actions like pardons cannot be annulled by a successor.
Trump’s assertions regarding the autopen hinge on its function; the device facilitates a president’s signature on documents automatically.
The legitimacy of using an autopen has been recognized by the Justice Department throughout history, and notably, Trump himself acknowledges employing one for various communications during his presidency.
As Brian Kalt, a law professor at Michigan State University, elaborates, as long as the autopen’s use was authorized by the president, the signatures it produces are deemed valid.
Kalt states, ‘The only issue would be if someone else directed the use of the autopen without the President’s approval.’
The Constitution grants the president absolute authority to issue pardons, as outlined in Article II, Section 2.
Jeffrey Crouch, a political expert at American University, notes that once a pardon is granted, it cannot be revoked.
Crouch emphasized, ‘There is no legal obstacle I am aware of to a president using an autopen on a pardon.’
Kent Greenfield, a Boston College law professor, also corroborated this viewpoint, stating that the president’s actions hold validity regardless of whether an autopen was utilized.
Trump’s speculation that Biden’s administration operated beyond his knowledge raises deeper concerns about governance without direct presidential oversight on pivotal policy issues.
Even with these concerns, any potential litigation against Biden or his officials would likely be complicated by precedent, as the Supreme Court ruled in 2024 that former presidents enjoy extensive immunity from prosecution.
This ruling could similarly apply to Biden as a former president, although it may not extend to his aides if they acted without sufficient presidential directive.
Biden has categorically rejected Trump’s assertions, stating, ‘Let me be clear: I made the decisions during my presidency.
I made the decisions about the pardons, executive orders, legislation, and proclamations.
Any suggestion that I didn’t is ridiculous and false.’
Historically, such an investigation aimed at a predecessor has no precedent in American politics.
While past presidents have faced scrutiny regarding their health, such as Woodrow Wilson’s stroke in 1919 or John F. Kennedy’s medical issues, none prompted formal investigations by successors.
Allegations have existed regarding whether President Ronald Reagan experienced cognitive decline during his second term, but those situations did not lead to concerted investigative efforts by subsequent administrations.
In stark contrast, Trump’s actions indicate a distinctive approach to political rivalry, significantly diverging from traditional presidential conduct.
While Trump faced multiple legal challenges during Biden’s presidency, including four indictments and one criminal conviction, those investigations were not instigated by Biden.
This current situation continues to evolve and reignites discussions about presidential authority, accountability, and how political narratives shape the public’s perception of leadership.
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