Trump ordered an investigation into Biden's ‘mental acuity.' Constitutional experts are skeptical.
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Trump has made those very suggestions often over the last few months, especially in recent weeks
Trump has promoted with particular zeal a conspiracy theory that others had taken actions on Biden's behalf
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He's also elevated more bizarre claims about his predecessor: On Saturday, Trump
'This conspiracy marks one of the most dangerous and concerning scandals in American history,' Trump
Legal scholars and political observers, however, are skeptical the memo
will have much practical impact.
The request for an investigation, which is not an executive order, does not specify any laws Trump believes Biden and his allies violated. Instead, it directs Attorney General Pam Bondi and White House counsel David Warrington to launch an investigation into Biden's 'cognitive decline.'
The Department of Justice under former President George W. Bush
Rather, several experts said they see the memo
as a means to direct attention away from unpopular actions the Trump administration has taken and stoke interest in
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'It's a silly distraction to keep Biden in the news cycle. A nonsense non-starter,' said Jed Shugerman, a law professor and presidential historian at Boston University. 'The only upside is that it would set a precedent to overturn Trump's executive actions, but there is no way a court buys any of this argument.'
While past presidents have feuded or criticized one another's policies, never before has a president investigated another and 'went after their predecessor's legitimacy in quite the same way' before, said Rudalevige, the Bowdoin professor.
But Rudalevige added that playing up an alleged 'cover-up' by the previous administration helps support Trump's agenda by underscoring a need for drastic change. 'If Biden really was so terrible and left the country in such crisis, then obviously it's important that we have the kind of unilateral expansion of power that the president is claiming,' Rudalevige said, describing Trump's approach.
Trump references Biden often and has sought to
But actually upending Biden policy in this particular way would be unprecedented and difficult, said Sai Prakash, a law professor at the University of Virginia: 'I don't know of this ever happening before — I don't think the Constitution has an obvious answer to this."
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Prakash noted that while the Trump administration reversed dozens of Biden-era orders beginning on day one of his presidency, there are some that he could not undo or that have 'a little more sticking power.'
The memo, for instance, points to the clemency power Biden used after the 2024 election, when he demoted the sentences of 37 people on death row to instead face life in prison without parole. The Department of Justice is reportedly investigating those commutations, as well as the preemptive pardons Biden issued to his family,
Those seeking to overturn Biden's actions would need to show the courts Biden did not personally decide for something to be signed at all, Prakash said. Proving his intent, or lack thereof, Prakash posited, would require things such as Biden's cooperation and for people to believe that what he remembers about his decisions as president is reliable.
'There's all kinds of issues that are brought to the fore, and no one doubts there are questions that need to be answered about Joe Biden's cognitive decline — which decisions he made and which he didn't," Prakash said. 'But I am not confident that we will get any definitive answers.'
Anjali Huynh can be reached at
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Los Angeles Times
5 minutes ago
- Los Angeles Times
Trump plays golf in Scotland while protesters take to the streets and decry his visit
EDINBURGH, Scotland — President Trump played golf Saturday at his course on Scotland's coast while protesters around the country took to the streets to decry his visit and accuse United Kingdom leaders of pandering to the unpopular American president. Trump and his son Eric played with the U.S. ambassador to Britain, Warren Stephens, near Turnberry, a historic course that the Trump family's company took over in 2014. Security was tight, and protesters kept at a distance were unseen by the group during Trump's round. He was dressed in black with a white 'USA' cap and was spotted driving a golf cart. The president appeared to play an opening nine holes, stop for lunch, then head out for nine more. By the middle of the afternoon, plainclothes security officials began leaving, suggesting Trump was done for the day. Hundreds of demonstrators gathered on the cobblestone and tree-lined street in front of the U.S. Consulate about 100 miles away in Edinburgh, Scotland's capital. Speakers told the crowd that Trump was not welcome and criticized British Prime Minister Keir Starmer for striking a recent trade deal to avoid stiff U.S. tariffs on goods imported from the U.K. Protests were planned in other cities as environmental activists, opponents of Israel's war with Hamas in Gaza and pro-Ukraine groups loosely formed a 'Stop Trump Coalition.' Anita Bhadani, an organizer, said the protests were 'kind of like a carnival of resistance.' June Osbourne, 52, a photographer and photo historian from Edinburgh, wore a red cloak and white hood, recalling 'The Handmaid's Tale.' Osbourne held up a picture of Trump with 'Resist' stamped over his face. 'I think there are far too many countries that are feeling the pressure of Trump and that they feel that they have to accept him, and we should not accept him here,' Osbourne said. The dual U.S.-British citizen said the Republican president was 'the worst thing that has happened to the world, the U.S., in decades.' Trump's late mother, Mary Anne MacLeod, was born on the Isle of Lewis in Scotland, and the president has suggested he feels at home in the country. But the protesters did their best to change that. 'I don't think I could just stand by and not do anything,' said Amy White, 15, of Edinburgh, who attended with her parents. She held a cardboard sign that said, 'We don't negotiate with fascists.' 'So many people here loathe him,' she said. 'We're not divided. We're not divided by religion, or race or political allegiance, we're just here together because we hate him.' Other demonstrators held signs of pictures with Trump and Jeffrey Epstein, as the fervor over files in the late child abuser's case has created a political crisis for the president. In the view of Mark Gorman, 63, of Edinburgh, 'The vast majority of Scots have this sort of feeling about Trump that, even though he has Scottish roots, he's a disgrace.' 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The family will also visit another Trump course near Aberdeen in northeastern Scotland, before returning to Washington on Tuesday. The Trumps will cut the ribbon and play a new, second course in that area, which officially opens to the public next month. Scottish First Minister John Swinney, who is also set to meet with Trump during the visit, announced that public money will go to staging the 2025 Nexo Championship, previously known previously as the Scottish Championship, at Trump's first course near Aberdeen next month. 'The Scottish government recognizes the importance and benefits of golf and golf events, including boosting tourism and our economy,' Swinney said. At a protest Saturday in Aberdeen, Scottish Parliament member Maggie Chapman told the crowd of hundreds: 'We stand in solidarity, not only against Trump but against everything he and his politics stand for.' The president has long lobbied for Turnberry to host the British Open, which it has not done since he took over ownership. In a social media post Saturday, Trump quoted the retired golfer Gary Player as saying Turnberry was among the 'Top Five Greatest Golf Courses' he had played in as a professional. The president, in the post, misspelled the city where his golf course is. Weissert writes for the Associated Press.
The Hill
5 minutes ago
- The Hill
David Letterman on ‘gutless' cancellation of Colbert's show: ‘Pure cowardice'
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Chicago Tribune
5 minutes ago
- Chicago Tribune
The House is looking into the Epstein investigation. Here's what could happen next
WASHINGTON — A key House committee is looking into the investigation of the late Jeffrey Epstein for sex trafficking crimes, working to subpoena President Donald Trump's Department of Justice for files in the case as well as hold a deposition of Epstein's former girlfriend, Ghislaine Maxwell. The Republican-led House Oversight and Government Reform Committee acted just before House Speaker Mike Johnson, R-La., sent lawmakers home early for a monthlong break from Washington. The committee's moves are evidence of the mounting pressure for disclosure in a case that Trump has unsuccessfully urged his supporters to move past. But they were also just the start of what can be a drawn out process. Here's what could happen next in the House inquiry as lawmakers seek answers in a case that has sparked rampant speculation since Epstein's death in 2019 and more recently caused many in the Trump administration to renege on promises for a complete accounting. Democrats, joined by three Republicans, were able to successfully initiate the subpoena from a subcommittee just as the House was leaving Washington for its August recess. But it was just the start of negotiations over the subpoena. The subcommittee agreed to redact the names and personal information of any victims, but besides that, their demand for information is quite broad, encompassing 'un-redacted Epstein files.' As the parameters of the subpoena are drafted, Democrats are demanding that it be fulfilled within 30 days from when it is served to Attorney General Pam Bondi. They have also proposed a list of document demands, including the prosecutorial decisions surrounding Epstein, documents related to his death, and communication from any president or executive official regarding the matter. Ultimately, Republicans who control the committee will have more power over the scope of the subpoena, but the fact that it was approved with a strong bipartisan vote gives it some heft. The committee chairman, Rep. James Comer, R-Ky., said he told the speaker that 'Republicans on the Oversight Committee were going to move to be more aggressive in trying to get transparency with the Epstein files. So, we did that, and I think that's what the American people want.' Comer has said that he is hoping that staff from the committee can interview Maxwell under oath on Aug. 11 at or near the federal prison in Florida where she is serving a lengthy sentence for child sex trafficking. In a congressional deposition, the subject typically has an attorney present to help them answer — or not answer — questions while maintaining their civil rights. Subjects also have the ability to decline to answer questions if it could be used against them in a criminal case, though in this instance that might not matter because Maxwell has already been convicted of many of the things she will likely be asked about. Maxwell has the ability to negotiate some of the terms of the deposition, and she already conducted 1 1/2 days of interviews with Justice Department officials this past week. Democrats, however, warn that Maxwell is not to be trusted. 'We should understand that this is a very complex witness and someone that has caused great harm and not a good person to a lot of people,' Rep. Robert Garcia, the top Democrat on the oversight committee, told reporters this week. Committee Republicans also initiated a motion to subpoena a host of other people, including former President Bill Clinton, former Sen. Hillary Clinton as well as the former attorneys general dating back to Alberto Gonzales, who served under George W. Bush. It's not clear how this sweeping list of proposed subpoenas will actually play out, but Comer has said, 'We're going to move quickly on that.' Trump is no stranger to fighting against congressional investigations and subpoenas. And as with most subpoenas, the Justice Department can negotiate the terms of how it fulfills the subpoena. It can also make legal arguments against handing over certain information. Joshua A. Levy, who teaches on congressional investigations at Georgetown Law School and is a partner at Levy Firestone Muse, said that the results of the subpoena 'depend on whether the administration wants to work through the traditional accommodation process with the House and reach a resolution or if one or both sides becomes entrenched in its position.' If Congress is not satisfied with Bondi's response — or if she were to refuse to hand over any information — there are several ways lawmakers can try to enforce the subpoena. However, that would require a vote to hold Bondi in contempt of Congress. It's practically unheard of for one political party to vote to hold one of its own members in contempt of Congress, but the Epstein saga has also cut across political lines and driven a wedge in the GOP. Ultimately, the bipartisan vote to subpoena the files showed how political pressure is mounting on the Trump administration to disclose the files. Politics, policy and the law are all bound up together in this case, and many in Congress want to see a full accounting of the sex trafficking investigation. 'We can't allow individuals, especially those at the highest level of our government, to protect child sex traffickers,' said Rep. Summer Lee, D-Pa., a committee member. The Trump administration is already facing the potential for even more political tension. When Congress comes back to Washington in September, a bipartisan group of House lawmakers is working to advance to a full House vote a bill that aims to force the public release of the Epstein files.
