Once the BBB is in the statute books, why will members of Congress even need to show up for work? President Trump is running the country via executive order. Republican majorities in Congress and on the Supreme Court have no problem with this. So the House and Senate will need to fill a lot of time looking busy.
I expect that some time after the budget bill passes, congressional Republicans will turn to the burning question of ... Joe Biden's mental fitness during his presidential term. This won't just be an airing of grievances. I think Republicans expect it to have real-world consequences.
Republicans (thanks, Jake Tapper!) are reviving and refining an old narrative: that Biden wasn't merely impaired during his time in office, he was literally not functioning as president. According to this narrative, by the end of his term Biden didn't even know what went out over his signature, largely because it wasn't his signature at all -- the signing was all done by aides using an autopen.
On one day in March, this was the right-wing message of the day:
In the first two months of this year, the term ["autopen"] was mentioned a total of 49 times on television, radio and podcasts in the United States, according to data from the media tracker Critical Mention.Then it faded into the background. But on May 16 -- as pre-publication publicity for the Jake Tapper/Alex Thompson book was peaking -- the conspiracy-minded chair of the House Oversight Committee announced an investigation:
It was uttered 6,188 times on March 17 alone.
House Committee on Oversight and Government Reform Committee Chairman James Comer (R-Ky.) today announced the panel will continue its investigation into the cover-up of President Biden’s mental decline and use of autopen....Trump weighed in on Tuesday, the publication date of the Tapper-Thompson book:
“Key decisions made in the final days of the Biden presidency, including using autopens to issue blanket pardons for the Biden Crime Family, must be fully examined. There are serious concerns that President Biden lacked the mental capacity to authorize those actions. The American people are done being lied to. We’re going to bring the truth into the light, and starting next week, those involved in the cover-up will begin to be put on notice,” said Chairman Comer.
Vice President J.D. Vance piled on, obliquely, in his New York Times podcast interview with Ross Douthat:
Also, to be candid — and this is going to sound like I’m beating up on him — I really don’t know how much Joe Biden’s late evolution on abortion was that thought out. Far be it from me to defend Joe Biden, but I really think the more that we learn, the more that we see the policy of the Biden administration was driven much more by staff than it was by the elected president.But the GOP's main focus in "Autopen-ghazi" isn't abortion or immigration. It's executive orders and pardons. Here's Comer the day the Tapper-Thompson book was published:
Rep. James Comer, R-Ky., chair of the House Oversight Committee, told Newsmax on Tuesday he wants to get to the bottom of who was running the country when Joe Biden was president.Pardons and executive orders are also the focus of a piece published in The Hill by long-time right-wing hack Liz Peek:
Comer appeared on "Rob Schmitt Tonight" after President Donald Trump raised questions about Biden using an autopen to sign executive orders.
"Who would put the document in there?" Comer said. "Who gave that staffer the authority? Was it Joe Biden or was it another staffer? We don't believe Joe Biden knew what was going on." ...
"We don't believe that autopen was authorized by Joe Biden," Comer said. "We don't believe that using the autopen makes these executive orders and even these pardons legal. We're going to do this investigation. Hopefully it will benefit Trump in court as he tries to do what the American people want done. And that's drain the swamp."
Republicans want to investigate former President Joe Biden’s use of the autopen. Did he personally grant broad (and possibly unconstitutional) pardons for family members, members of the January 6 Committee and Anthony Fauci, or did someone else make the decision? Was he responsible for all the executive orders issued under his name, or did White House personnel make those decisions?I think they believe they can get some of Biden's executive orders invalidated, although I'm not sure what practical effect that will have. Maybe Mike Johnson just wants natural gas producers in his state to be able to sue the government for lost revenue. Peek writes:
... Rep. James Comer (R-Ky.) said in a statement he plans to subpoena former Biden aides Annie Tomasini, Anthony Bernal and Ashley Williams, who he claims “ran interference” for Biden and may have overseen the use of the autopen.
If he did not personally sign various documents, are they valid?
The Wall Street Journal reported last June about a February 2024 Oval Office meeting between House Speaker Mike Johnson (R-La.) and Biden. According to Johnson, the president denied that he had recently instituted a pause on further expansion of liquified natural gas exports, claiming instead that it was just a study. Johnson told six people about Biden’s confusion after the meeting, suggesting it indicated a slippage of Biden’s memory....The attack on the pardons seems more worrisome. I had contempt for everyone who finger-wagged at Biden after he signed those pardons: Where was all that moral outrage when Trump pardoned his son in-law's father, Charles Kushner? You know, the guy Chris Christie is talking about here?
Speaking with Bari Weiss early this year, for her Substack podcast, Johnson [said he] ... asked the president why he had paused liquefied natural gas exports to Europe, pointing out that this action was enriching Russia and fueling Vladimir Putin’s war effort. Biden relied, “I didn’t do that.” When Johnson reminded the president of the executive order he had signed just weeks earlier, the president denied that the order mandated a pause.
Johnson has since said he walked out of the meeting shaken, thinking, “‘We are in serious trouble — who is running the country?’ Like, I don’t know who put the paper in front of him, but he didn’t know.”
For that matter, where was the outrage when Trump appointed Kushner as ambassador to France?
Biden pardoned a lot of people who would otherwise have been subject to merciless lawfare by the Trump regime -- and Comer apparently wants Trump to have the opportunity to persecute them despite the pardons. And who knows? We're so far through the looking glass that this might actually happen.
I don't know what the timing would be. Assuming we have legitimate midterms, my guess is that Comer will want the hearings to peak just before voting starts in 2026, in the hope of increasing GOP turnout, with prosecutions to follow after the election.
Maybe all this will fall flat. Maybe the federal courts aren't so in the tank for Trump that they'll be willing to let Trump neutralize Biden's actions based on this he-didn't-control-the-autopen theory. But Republicans intend to go for this moonshot, and there's a non-zero chance they'll succeed -- or at least succeed in making the 2026 election at least partially a referendum on Biden.