Missouri Attorney General Andrew Bailey has raised serious constitutional concerns about President Joe Biden’s ability to govern, questioning whether unelected staffers have been making key policy decisions in his place. Bailey has called on the Department of Justice to investigate whether Biden’s cognitive decline has allowed aides to enact far-left policies without his direct approval.

Allegations of Unconstitutional Decision-Making

In a letter to the DOJ, Bailey asserts that Biden’s mental decline is well-documented and that certain executive actions—such as mass pardons and commutations—may be “null and void” if Biden did not knowingly approve them. He references statements from House Speaker Mike Johnson, who claimed that Biden was unaware of the orders he was signing, including a moratorium on energy exports that the president mistakenly believed was a study authorization.

Special Counsel Robert Hur’s February report on Biden’s handling of classified documents further fueled these concerns, describing Biden as an “elderly man with a poor memory” who struggled to recall key dates, including his tenure as vice president and even the passing of his son. Bailey argues that if Biden was deemed unfit to face legal consequences due to a lack of intent, it raises serious doubts about his capacity to lead the country.

The Role of Unelected Staff in Policy Decisions

Bailey’s letter also references high-profile Democratic figures, including DNC fundraiser Lindy Li, who suggested that Biden’s administration has been largely managed by his staff, his wife, and his son, Hunter Biden. He claims that former Vice President Kamala Harris and senior staffers heavily restricted Biden’s interactions, creating a power vacuum where unelected aides wielded disproportionate influence over policy decisions.

The letter highlights executive clemencies granted to over 2,500 individuals labeled as “non-violent” offenders, including one convicted in the killing of a mother and her 8-year-old child. Bailey warns that if Biden was not fully aware when authorizing these clemencies, it raises legal questions about whether states like Missouri should take independent action to address those decisions.

Constitutional and Legal Implications

Bailey contends that Biden’s potential cognitive impairment has broader constitutional consequences, particularly regarding the balance of power between the executive branch, Congress, and individual states. If Biden’s decision-making ability was compromised, states may have grounds to challenge certain federal actions and even prosecute individuals previously pardoned or commuted under his administration.

The letter concludes with Bailey’s assertion that Biden may have been “president in name only” and a mere figurehead for unelected far-left officials. He insists that the American people deserve full transparency about who has truly been making executive decisions over the past four years.

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