House Republicans have released a new report on Joe Biden's presidency that calls for many of his executive actions to be struck down, citing the former president's cognitive decline and a lack of documentation proving that he was aware of his decisions.
The 100-page House Oversight Committee report, from chairman James Comer (Ky.), declares that many of Biden's moves, including his sweeping pardons in his final days in office, are "null and void" without evidence that he himself authorized them, the New York Post reported.
“The authority to grant pardons is not provided to the president’s inner circle. Nor can it be delegated to particular staff when a president’s competency is in question,” the report notes. “Importantly, even if this authority could be delegated — which it cannot — it would have to be expressly delegated by President Biden himself.”
The report takes aim at "extremely loyal staff" who helped orchestrate an elaborate cover-up, with the Republicans noting in their report that "not one" of the committee's 14 witnesses admitted to having concerns about Biden's cognitive health.
The report takes special aim at Kevin O'Connor, Biden's White House doctor, who repeatedly vouched for Biden's health during his presidency despite never administering a cognitive test. O'Connor declined to answer the committee's questions, invoking his Fifth Amendment rights. Deputy chief of staff Annie Tomasini and Jill Biden's chief of staff Anthony Bernal also refused to answer any questions.
The Republicans' report condemns political interference in medical decision-making concerning Biden, with top advisers admitting that they weighed the political risk of Biden taking a cognitive test as questions swirled about his fitness.
“We did not have any concern about his ability to pass those tests,” said top adviser Anita Dunn. "We did not think it would help politically.”
Democrats, after distancing themselves from Biden since their 2024 defeat, are defending him against the GOP's charges.
"Despite this sham investigation, every White House official testified President Biden fully executed his duties as President of the United States. The testimonies also make it clear the former President authorized every executive order, pardon, and use of the autopen," House Oversight Ranking Member Robert Garcia said in a statement to ABC News.
In some of his final actions as president, Biden issued thousands of acts of clemency, including pardons for members of his own family and commutations for brutal killers on death row. Biden's blanket pardon for his son Hunter was one of the handful that he signed personally.
Biden admitted to the New York Times in July that he did not sign many pardons individually, instead leaving the details to his staff.
When asked by the Oversight Committee who controlled the autopen, Biden's chief of staff Jeff Zients could not say - but he defended the integrity of the process, noting Biden would provide verbal consent "on occasion."
Without reliable documentation proving Biden's involvement, pardons that were signed with the autopen should be declared "null and void," Republicans said.
"This investigation into baseless claims has confirmed what has been clear from the start: President Biden made the decisions of his presidency,” a spokesperson for Biden said in a statement. “There was no conspiracy, no cover-up, and no wrongdoing. Congressional Republicans should stop focusing on political retribution and instead work to end the government shutdown.”
Republicans have called on attorney general Pam Bondi to investigate Biden's executive actions - but since the pardon power is absolute, it is not clear what practical mechanism there is for Republicans to "void" Biden's decisions.
