For the past few weeks, the headlines have been filled with stories about Biden pardoning violent criminals and freeing terrorists; making damaging domestic policy decisions; issuing questionable foreign policy decisions and signing a myriad of Presidential orders.  To many, it all looks like a deliberate attempt to harm the nation and hamstring the Trump Administration.  But the question I have is this:

“Why are we pretending any of this is legally binding?”

It is a well known legal principal that a person must be of sound mind and body to sign a will.  But this principle applies to much more than just your will.  The following comes from Kahan Law:

Did You Know that “Incompetent” People Cannot Sign Legal Documents?

For example, if a client knows she has four kids and wants her money and personal belongings split evenly among them, she likely has the capacity to sign her will. But if she can’t remember each of the kids’ names or doesn’t remember where she regularly banks, then it is probably too late to sign new a new will or “update” an old one.

The standard for signing a power of attorney form, which surrenders control over a person’s property, requires greater cognitive ability than that necessary for signing a will. Not only must the clients know what they have and who will receive it, but they must also understand the purpose and content of the form.

Notice how this law firm explains that there are some matters of the law that require a higher standard of mental capacity than that required to sign a will.  So, why is this important and how does it apply to Biden?  Simple: if there is a higher requirement to sign a power of attorney, than shouldn’t that higher requirement also apply to the things the President of the United States signs?

If the rule of law requires blind application of the law, then the answer to that question is, “Yes!”  Which then brings the following into sharp focus:

‘Diminished faculties,’ ‘faulty memory,’ ‘significant limitations’: A damning report on Biden’s mental state

The special counsel report released Thursday paints the 81-year-old president as suffering from mental decline. And it points to several examples from Biden’s hours-long interviews with investigators.

They include Biden struggling to remember what years he was vice-president and being way off when discussing the year of his son’s death.

According to the special council, Biden is not mentally competent to stand trial.  According to the Kahan Law firm, Biden isn’t even competent to sign a will (notice the areas I highlighted in bold text in the pull quote above).  This means that nothing Biden has done since at least the time of the special council’s decision is legally binding (and very likely long before that time).

So, why is America pretending that Biden’s actions are legal?  Nothing Biden has done for close to two years now — possibly longer — meets the legal requirements necessary to ho9ld up under the rule of law.  President Trump should just point this out and void everything Biden has done since 2022.  Everything!  Every law he has signed!  Every Presidential order he issued!  Every regulation instituted under his Administration!  All of it!

After all, it is the law!  And, if we refuse to uphold the law, that destroys ‘democracy’ (right?).  Therefore, every Democrat should support this move.  After all, ‘democracy’; is so important to them that they are willing to destroy it to save it.  Otherwise, they would have invoked the 25th Amendment long ago, but they haven’t.  So,…

Which brings me to my next question:

“Exactly who has been running this country the last two years, and how is that not a coup on a level far worse than Jan 6?”

–B3A

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FROM CORNELL LAW SCHOOL

The legal definition of ‘incapacity’

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The evidence of incapacitation has been in the news since Biden took office.  It’s even in his own words:

Joe Biden Says He’s Just Following Staff’s Orders During Press Conference

‘Going to get in trouble with staff’: Biden lets slip how he’s handled to face press

The following has been ‘scrubbed’ from the internet, but it is still in the search result (ask yourself why):