Missouri Attorney General Andrew Bailey has formally requested that the Department of Justice (DOJ) investigate whether former President Joe Biden’s staff capitalized on his alleged cognitive decline to enact significant policies during his final months in office. This request, submitted in early 2025, centers on concerns that Biden may not have been fully aware of decisions made in his name, particularly given the scope of his late-term actions. Between October 1, 2023, and the end of his presidency, Biden issued 4,245 acts of clemency—representing nearly 96% of his total clemency actions—prompting scrutiny from Bailey and others.
Bailey’s argument hinges on the possibility that Biden’s mental capacity was diminished, potentially allowing unelected aides to steer major decisions. He points to specific examples, such as the commutation of sentences for 37 federal death row inmates and a retroactive pardon for Hunter Biden, the former president’s son. If Biden lacked full comprehension of these actions, Bailey contends, their legal validity could be questioned. This raises broader implications for states like Missouri, where such decisions might intersect with local judicial outcomes.
The request has sparked a divided response. Critics view it as a politically motivated attack, noting that Biden’s mental fitness was a frequent topic during the 2024 election cycle, amplified by his uneven debate performance and the Special Counsel Robert Hur report, which described memory lapses. Supporters, however, frame Bailey’s move as a necessary inquiry into governmental accountability, arguing that the scale of Biden’s late actions demands transparency.
As of March 7, 2025, the DOJ has not publicly responded, leaving the matter unresolved. Should evidence emerge supporting Bailey’s claims, it could open the door to legal challenges against Biden’s final policies. For now, the request underscores ongoing national concerns about the former president’s mental health and the integrity of his administration’s closing chapter, ensuring that this issue remains a focal point of discussion.
