James Comer, the Chairman of the House Oversight Committee, is on a mission. He firmly believes that his investigation into President Joe Biden’s mental state might lead to some major political shake-ups. Specifically, he thinks it could even challenge the legality of some of Biden’s pardons and executive orders, all because questions are being raised about whether Biden truly understood what he was signing.
Comer shared his thoughts on the “Just the News, No Noise” TV show, emphasizing the legal gray area surrounding the use of an autopen for signing important documents. “It’s questionable whether or not it’s legal to use an autopen on a legal document, but what’s not questionable is if the President of the United States had no idea what was being signed with using the autopen in his name,” Comer said. He argues that such actions might not be legal at all.
The debate about Biden’s mental sharpness gained momentum after a less-than-stellar performance in the summer 2024 presidential debate. Many observers noted that his performance raised concerns about his capacity to continue as president. Comer is convinced that the evidence from his investigation could be pivotal in overturning some of Biden’s executive actions, especially since the autopen was reportedly used frequently after that debate.
Legal expert Alan Dershowitz has weighed in on the matter, predicting that any challenges to Biden’s use of the autopen will likely end up in court. He pointed out two main issues: the nature of what was signed and the nature of the autopen itself. Dershowitz highlighted the constitutional requirement for the president to “sign” bills, suggesting that using an autopen might not meet this standard.
When it comes to pardons, Dershowitz noted that the Constitution doesn’t mandate a signature. However, it still raises questions about whether Biden truly approved the pardons or if someone else acted on his behalf. Given concerns over Biden’s mental health, these issues are expected to be closely examined.
Biden’s first debate of the 2024 campaign season didn’t help his case. His performance was described as “disoriented,” and he struggled with his opening remarks. Although he improved as the debate continued, he made several incorrect statements, including claiming that he was the only U.S. president this decade without troops dying abroad.
David Axelrod, a former adviser to Barack Obama, expressed his shock at Biden’s initial debate performance on CNN. “He seemed a little disoriented. He did get stronger as the debate went on. By that time, I think the panic had set in,” Axelrod said, hinting at potential discussions about Biden’s political future.
Just a month after the debate, Biden withdrew from the race and endorsed Vice President Kamala Harris as his successor. Questions about Biden’s mental fitness had been circulating for years, mostly from Republicans. His administration limited his public appearances and interactions with the press, which only fueled these concerns.
The Department of Justice’s Special Counsel, Robert Hur, released a report in February that didn’t paint a flattering picture of Biden’s mental acuity. Hur’s decision not to press charges against Biden for mishandling classified documents was partly based on Biden’s poor memory. The report cited instances where Biden couldn’t recall key events from his time as vice president.
Comer launched an investigation into Biden’s administration, focusing on how senior officials might have covered up Biden’s mental condition and the use of the autopen for signing important documents. So far, Comer believes the evidence points to Biden not fully understanding the executive orders and pardons he issued in his final months.
Comer told “Just the News” that Biden admitted to the New York Times that he didn’t personally review all the pardons and had delegated the task to staff. This revelation, according to Comer, implicates Biden in a significant way. “And I think that you know, at the end of the day, these Biden inner circle people haven’t been able to prove that Joe Biden knew what was being signed with his autopen,” Comer stated.
Neera Tanden, former director of Biden’s Domestic Policy Council, admitted to the committee that she directed the use of the autopen. However, she was unaware of who in Biden’s inner circle was giving the final approval for these actions. Comer highlighted Tanden’s limited interaction with Biden despite her significant authority, raising concerns about who was truly in control.
Comer explained that Tanden sent decision memos to members of Biden’s inner circle and had no visibility of what happened between sending the memo and receiving it back with approval. Her testimony has led to serious questions about who was calling the shots in the White House during Biden’s decline. Comer has also subpoenaed and interviewed other aides close to Biden, including the White House physician.
Erica Carlin is an independent journalist, opinion writer and contributor to several news and opinion sources. She is based in Georgia.