“If you want to tell people the truth, make them laugh, otherwise they’ll kill you.”— O. Wilde

Sunday, January 15, 2023

Some Biden-related questions no one seems to be asking?

Were the Biden documents declassified? If ‘yes, by whose authority and what evidence (if any) is there that this authority was actually exercised?

Can President Biden ratify his past conduct by retroactively declassifying the documents?

Can the President pardon his own prior conduct, particularly where the conduct arises in connection with his former service in another administration? 

What (if any) non-statutory continuing (fiduciary) duties do former elected-officials, appointed-officers, and government employees-&-agents have involving confidential government communications? See Seth Barrett Tillman, Loyola University of Chicago Law School, Fourth Annual Constitutional Law Colloquium, Six Puzzles for Professor Akhil Amar 15 n.67 (Nov. 1, 2013), <https://ssrn.com/abstract=2173899>.

For the purposes of the Impeachment Clause (Article II, Section 4), and the allegations surrounding Bidens VP duties, is President Biden a current office-holder or a former office-holder? 

And if President Biden is not a current office-holder for the the purpose of the Impeachment Clause ... Given that President Bidens woes stem from a position which he formerly held, and that there was a break in his government service between his being VP and P, one asks: Are former officers impeachable?

Is there any statute of limitations defense for impeachable offenses? Should the statute of limitations during impeachment proceedings mimic the statutory statutory statute of limitations where the alleged impeachable offense is a federal criminal offense? (Tillman: my tentative answer is “yes.” See also Josh Blackman & Seth Barrett Tillman, Can President Trump be Impeached and Removed on the Grounds of Incitement?,’ ReasonVolokh Conspiracy (Jan. 8, 2021, 3:57 AM), <https://tinyurl.com/y5vz3d6o>.)

Is there any implied statute of limitations arising from the Constitution itself? 

When (if at all) should Vice President Harris and the members of the cabinet begin to discuss the applicability of Amendment 25? Think “Corvette”.

What is the scope of statutory disqualification: 18 U.S.C. Section 2071? See Seth Barrett Tillman, Who Can Be President of the United States?: Candidate Hillary Clinton and the Problem of Statutory Qualifications, 5(1) Br. J. Am. Leg. Studies 95 (2016) (peer review), <https://ssrn.com/abstract=2679512>.

What is the scope of Senate-imposed disqualification arising in connection with impeachment proceedings? See Seth Barrett Tillman, Originalism & The Scope of the Constitution’s Disqualification Clause, 33(1) Quinnipiac L. Rev. 59 (2014), <https://ssrn.com/abstract=2484377>. 

Can the U.S. Department of Justice investigate, indict, and prosecute, and can the federal courts try, convict, and sentence a sitting President for acts unrelated to his current term of government service? If the answer to any of these questions is ‘no,’ then is the relevant statute of limitations tolled until the President’s term ends (or until the President otherwise leaves his post)? 

Is anybody discussing the virtues of bringing back independent counsels? 

Seth Barrett Tillman, Some Biden-related questions no one seems to be asking?, New Reform Club (Jan. 15, 2023, 4:55 AM), <https://reformclub.blogspot.com/2023/01/some-biden-related-questions-no-one.html>; 


tim maguire said...

One question can be answered, Biden is a current office holder for impeachment purposes and any statute of limitations does not apply because the offence is ongoing.

It was not a one-time act taking place the day he improperly moved the documents to unsecured facilities, but a continuing violation that is still occurring (or was still occurring until mere days ago). Any limitations issues would (did) not come into play until after the documents are returned and Biden ceases to be in a state of violation.

windbag said...

If Biden can't or won't point us to any other documents currently being stored prior to their discovery, what does that do to any explanation or legal defense in the future?

Unknown said...

After Jan 20, Kamala can run twice. This is just prep work.