Lawsuit Pushes For DOJ Communications On Biden’s Mental Fitness

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- June 4, 2026
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A new federal lawsuit may uncover the extent to which Justice Department officials privately discussed the mental competence of President Joe Biden and whether he should have been removed from office under the 25th Amendment.

The nonpartisan public interest law form Judicial Watch announced it “filed a Freedom of Information Act (FOIA) lawsuit against the United States Department of Justice seeking access to the documents related to invoking the 25th Amendment against President Joe Biden (Judicial Watch v. U.S. Department of Justice.”

“If President Biden is as mentally sound as he and the people around him maintain, why did he decide not to seek reelection? If he is an ‘elderly man with a poor memory,’ as Special Counsel Hur (for AG Garland) found, why has he not been removed under the 25th Amendment? And why is the Justice Department unlawfully hiding documents about this serious national security issue?” asked Judicial Watch President Tom Fitton.

Judicial Watch submitted the FOIA request to the Justice Department specifically for:

Records and communications of the below listed Department of Justice employees, including emails, email chains, email attachments, text messages, calendar invites, calendar meetings, correspondence, briefings, letters, memoranda, reports, notes, opinions, regarding invoking the 25th Amendment against President Joseph Biden.

Merrick Garland, Attorney General

Lisa O. Monaco, Deputy Attorney General

Benjamin C. Mizer, Associate Attorney General

Acting Associate Attorney General

Christopher Fonzone, Assistant Attorney General

Robert Hur, Special Counsel

“On February 5, 2024, Special Counsel Robert Hur issued the ‘Report of the Special Counsel on the Investigation into Unauthorized Removal, Retention, and Disclosure of Classified Documents Discovered at Locations Including the Penn Biden Center and the Delaware Private Residence of President Joseph R. Biden, Jr,’” JW notes.

“In the report, Hur called Biden a ‘well-meaning, elderly man with a poor memory’ and declined to charge Biden with a ‘serious felony,” JW adds.

In that report Hur wrote:

We have also considered that, at trial, Mr. Biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory. Based on our direct interactions with and observations of him, he is someone for whom many jurors will want to identify reasonable doubt. It would be difficult to convince a jury that they should convict him-by then a former president well into his eighties-of a serious felony that requires a mental state of willfulness.

READ NEXT: See How This Liberal Media Hack Tried & Failed To Stump Trump

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Donny Ferguson

Donny Ferguson is a professional fundraiser and organizational manager. Born and raised in Texas, he has lived in Washington, D.C. for 16 years. Ferguson also served as Senior Communications and Policy Adviser in the United States House of Representatives, operating one of Capitol Hill's most effective media operations.

1 Comment
    David Atkins

    Just more excuses as to why Joe Biden isn’t being held accountable for any of his criminal behaviors, I say Bull Shi _ to this and hold him accountable as you would do with any criminal!

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