[Senate Hearing 119-186]
[From the U.S. Government Publishing Office]




                                                        S. Hrg. 119-186

                 UNFIT TO SERVE: HOW THE BIDEN COVER-UP
                         ENDANGERED AMERICA AND
                      UNDERMINED THE CONSTITUTION

=======================================================================




                                HEARING

                               before the

                       COMMITTEE ON THE JUDICIARY
                          UNITED STATES SENATE

                    ONE HUNDRED NINETEENTH CONGRESS

                             FIRST SESSION

                               __________

                             JUNE 18, 2025

                               __________

                          Serial No. J-119-24

                               __________

         Printed for the use of the Committee on the Judiciary
         
         
         
         
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                        www.judiciary.senate.gov
                            www.govinfo.gov                            
                               ______                                 

                 U.S. GOVERNMENT PUBLISHING OFFICE

61-845                    WASHINGTON : 2026







                          
                       COMMITTEE ON THE JUDICIARY

                  CHARLES E. GRASSLEY, Iowa, Chairman
                  
LINDSEY O. GRAHAM, South Carolina    RICHARD J. DURBIN, Illinois,       
JOHN CORNYN, Texas                       Ranking Member
MICHAEL S. LEE, Utah                 SHELDON WHITEHOUSE, Rhode Island
TED CRUZ, Texas                      AMY KLOBUCHAR, Minnesota
JOSH HAWLEY, Missouri                CHRISTOPHER A. COONS, Delaware
THOM TILLIS, North Carolina          RICHARD BLUMENTHAL, Connecticut
JOHN KENNEDY, Louisiana              MAZIE K. HIRONO, Hawaii
MARSHA BLACKBURN, Tennessee          CORY A. BOOKER, New Jersey
ERIC SCHMITT, Missouri               ALEX PADILLA, California
KATIE BOYD BRITT, Alabama            PETER WELCH, Vermont
ASHLEY MOODY, Florida                ADAM B. SCHIFF, California

             Kolan Davis, Chief Counsel and Staff Director
         Joe Zogby, Democratic Chief Counsel and Staff Director








                            C O N T E N T S

                              ----------                              

                           OPENING STATEMENTS

                                                                   Page

Grassley, Hon. Charles E.........................................     1
    Prepared statement...........................................    38
Durbin, Hon. Richard J...........................................     2
Cornyn, Hon. John................................................     4
Schmitt, Hon. Eric...............................................     6
Welch, Hon. Peter................................................     9

                               WITNESSES

Harrison, John...................................................    12
    Prepared statement...........................................    41
    Responses to written questions...............................    55
Spicer, Sean.....................................................    15
    Prepared statement...........................................    48
    Responses to written questions...............................    58
Wold, Theodore...................................................    14
    Prepared statement...........................................    51
    Responses to written questions...............................    59

                                APPENDIX

Items submitted for the record...................................    67








 
                 UNFIT TO SERVE: HOW THE BIDEN COVER-UP
                         ENDANGERED AMERICA AND
                      UNDERMINED THE CONSTITUTION

                              ----------                              


                        WEDNESDAY, JUNE 18, 2025

                              United States Senate,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:15 a.m., in 
Room 106, Dirksen Senate Office Building, Hon. Charles E. 
Grassley, Chairman of the Committee, presiding.
    Present: Senators Grassley [presiding], Cornyn, Cruz, 
Hawley, Tillis, Kennedy, Blackburn, Schmitt, Britt, Moody, 
Durbin, and Welch.

        OPENING STATEMENT OF HON. CHARLES E. GRASSLEY, 
             A U.S. SENATOR FROM THE STATE OF IOWA

    Chairman Grassley. Good morning. I would like to welcome 
everyone to this Judiciary hearing. We have multiple Member 
statements today, so without objection, I will introduce my 
longer statement into the hearing record.
    [The information appears as a submission for the record.]
    Chairman Grassley. Today's hearing is about competency, 
corruption, and coverup within the Biden administration. Simply 
put, the last administration was rudderless. From one crisis to 
another, the Biden administration failed and faltered. The 
partisan media did their best to cover up those failures.
    Having discussed these issues with my colleagues, Senators 
Cornyn and Schmitt, who requested to lead this hearing, all of 
us agreed that this Committee must discuss this important 
matter.
    An important part of this discussion involves the last 
administration's weaponization of law enforcement against Trump 
and his associates, which was done to try and win an election. 
That, too, they tried to cover up. Since I became Chairman of 
this Committee, my investigative work has exposed how 
weaponization was done. Look at the FBI's Arctic Frost 
investigation, which ultimately became one of Jack Smith's 
cases against President Trump, based upon records that I have 
made public. The case's origin was anti-Trump FBI agent 
Thibault and his merry band of artisans and partisans. The 
records indicate that the opening of Arctic Frost was an 
intentionally designed vehicle by which the Biden 
administration would ultimately prosecute their primary 
political opponent, President Trump.
    Then I made emails public relating to the Biden 
administration's political investigation into Peter Navarro. 
Thibault and his other anti-Trump agent, Walter Giardina, were 
also involved in that case. Whistleblowers have told me that 
Special Agent Giardina openly stated his desire to investigate 
Trump, even if it meant false predication. Whistleblowers have 
also told me that Jack Smith's deputy, J.P. Cooney, wanted to 
open more cases on Trump. He allegedly justified using 
compulsory process to obtain more information merely based upon 
partisan news outlets. And guess who was also allegedly 
involved in those communications? Well, that is the same 
person, Special Agent Walter Giardina.
    All of this is more evidence of law enforcement 
weaponization that would have never been the light of day but 
for whistleblowers. I will have more to say about this matter 
later today in another forum.
    Then we have the Biden FBI's anti-Catholic Richmond memo. 
That memo used the shoddy research of the radical Southern 
Poverty Law Center to accuse traditional Catholics of being 
violent extremists. Based on the records that I released the 
other week, there wasn't just one FBI document they used bias 
anti-Catholic sources but over a dozen. And more FBI field 
offices were involved than we have been led to believe.
    It wasn't just the Biden and Wray FBI that failed the 
people. Recently, I released a record showing that the Biden 
Health and Human Services also failed to address the backlog of 
over 65,000 reports expressing concern for unaccompanied 
children. This included 7,346 reports related to trafficking. 
Three dozen cases have been accepted by U.S. attorneys for 
prosecution with 11 arrests and three convictions so far.
    The Biden administration had a responsibility to do right 
by the American people. By any metric, they failed. The 
question is, what did the President actually know or even 
understand who was actually running the Government? But 
regardless, the buck stops with the President, and President 
Biden will have to answer to history for what has happened the 
last 4 years.
    Now, I am going to turn over the opportunity to speak to 
Ranking Member Durbin for his opening remarks. And after that, 
Senator Cornyn is going to take the Chair and Senator Cornyn 
and Chairman Schmitt are going to lead the rest of the hearing.
    Proceed, Senator Durbin.

         OPENING STATEMENT OF HON. RICHARD J. DURBIN, 
           A U.S. SENATOR FROM THE STATE OF ILLINOIS

    Senator Durbin. Thank you, Chairman Grassley.
    This Committee has oversight responsibility over the 
Department of Justice, the Federal Bureau of Investigation, and 
the Department of Homeland Security. We have a constitutional 
duty to hold these agencies accountable with public hearings.
    By this date in my first year as Chairman of the Senate 
Judiciary Committee, we had already held two major oversight 
hearings with Biden administration agency heads, including one 
with the FBI Director Wray on domestic terrorism threats. So 
far this year, the Republican majority in this Committee has 
not held a single oversight hearing, despite numerous critical 
challenges facing the Nation that are under our jurisdiction.
    In the last week alone, several events have demanded this 
Committee's immediate attention: the horrific assassination in 
Minnesota, the treatment of our colleague Senator Padilla by 
Federal agents in Los Angeles, and President Trump's 
unprecedented deployment of the U.S. military in Los Angeles. 
We should hear without delay from Attorney General Bondi and 
FBI Director Patel about what they are doing to address the 
unacceptable political violence in our country, including 
threats to Article III judges and justices, as well as Members 
of Congress. And we need to hear from the Homeland Security 
Secretary Noem about the treatment of our colleague Senator 
Padilla and this administration's mass deportation campaign 
against immigrants.
    But instead of exercising this constitutional oversight 
duty, my Republican colleagues are holding this hearing. 
Apparently, armchair diagnosing former President Biden is more 
important than the issues of grave concern which I have 
mentioned. To take a few examples of the issues this Committee 
should be addressing, the Trump administration has removed 
dozens of senior career prosecutors and FBI officials with 
decades of national security expertise, leaving our Nation more 
vulnerable to terrorism and other national security threats. 
This should be explained to this Committee.
    The Justice Department has diverted hundreds of law 
enforcement agents away from combating cartels, drug 
trafficking, and gun violence to participate in President 
Trump's mass deportation campaign. This should be addressed in 
an open hearing of this Committee.
    The Justice Department is also turning a blind eye to 
corruption. The administration has gutted the Department of 
Justice's public integrity session which oversees political 
corruption just as the President's shameful crypto scheme 
unfolds. And the administration has removed Department of 
Justice's career ethics officials and shut down the office 
charged with investigating misconduct by DOJ attorneys.
    With these internal checks gone and this Committee asleep 
at the wheel, it is no surprise that Attorney General Bondi 
signed off on President Trump to accept Qatar's gift of a $400 
million luxury airliner, despite the fact that the Attorney 
General was previously a registered foreign agent for the 
Qatari Government. We are still waiting for her official 
finding on this gift transfer.
    And it is no surprise that Department of Justice official 
Emil Bove tried to strike a corrupt bargain with New York Mayor 
Eric Adams, dropping public corruption charges in exchange for 
the mayor's cooperation with Trump agenda mass deportations.
    When it comes to these historic, compelling issues, the GOP 
majority tells America to move along, nothing to see here. 
Let's revisit this administration of a previous President in 
this hearing. Let's revisit a 20-year-old precedent on the use 
of an autopen.
    And I know my Republican colleagues are eager to discuss 
President Biden's pardons, but why are they ignoring the actual 
pardon crisis that is taking place right now, President Trump's 
pay-to-play scheme? Last month, President Trump pardoned Paul 
Walczak, who pleaded guilty in 2024 to withholding over $7 
million of taxes from his employees' paychecks and failing to 
pay them to the Internal Revenue Service. What warranted Mr. 
Walczak's swift pardon by President Trump? His pardon 
application explicitly cited millions of dollars his mother 
raised for President Trump's campaigns and other efforts to 
support the President.
    But that was not enough. It was 3 weeks after Mr. Walczak's 
mother attended a million-dollar-a-person Trump fundraiser in 
April of this year that Mr. Walczak was miraculously receiving 
his pardon, and now he no longer must pay $4.4 million to the 
taxpayers of this country. That is one example of the many 
pardons granted to President Trump's wealthy donors and 
political supporters.
    Of course, these pay-to-play pardons are in addition to 
more than 1,500 January 6 rioters who received a blanket pardon 
from President Trump, including 169 who violently assaulted law 
enforcement officials.
    And we are going to make a question of cognitive ability? I 
think we should consider what happened in Alberta, Canada, just 
this week where President Trump was at a press conference with 
British Prime Minister Keir Starmer and said the following, 
``You all know the great PM of the U.K., and we just signed a 
document,'' President Trump continued. ``We just signed it so 
we have our trade agreement with the EU.'' Britain has not been 
a party to the EU for 5 years, but President Trump made a 
statement which clearly was wrong.
    Now, I would like you to see a short video that includes 
some other examples of cognitive ability.
    [Video is shown.]
    Senator Durbin. Do any of these statements raise a question 
of cognitive ability? You be the judge. If my colleagues are 
truly interested in issues of Presidential succession and 
disability under the 25th Amendment, I would suggest they 
embark on this constitutional journey with a proposed 
amendment, not today's political adventure.
    I yield.

            OPENING STATEMENT OF HON. JOHN CORNYN, 
             A U.S. SENATOR FROM THE STATE OF TEXAS

    Senator Cornyn. Good morning. I want to thank Chairman 
Grassley for convening this hearing and my colleague Senator 
Schmitt from Missouri for co-chairing this with me as we 
examine the constitutional crisis posed by the coverup of 
President Biden's cognitive decline.
    The U.S. Constitution provides, as we all know, for three 
co-equal branches. Today, we are concerned about the Chief 
Executive, the President of the United States. As we know, the 
Chief Executive, the head of the executive branch, enforces the 
laws, appoints high-ranking officials, serves as Commander-in-
Chief of our armed forces, can issue pardons, and can veto and 
advocate for legislation. But what are we to do when the 
President is incapable of performing these duties?
    Last June, the American public saw with their own eyes what 
many knew to be true but would not dare to admit publicly. Our 
sitting Commander-in-Chief was suffering from severe cognitive 
decline, as evident by this video, which I will now show.
    [Video is shown.]
    Senator Cornyn. As we now know, there was a conspiracy to 
hide the President's true condition by his family, by his 
staff, by the media, and many elected officials. Jake Tapper 
and Alex Thompson, who co-authored a book entitled Original 
Sin, that book amounted to a mea culpa by the mainstream media. 
But they summed up the problem when they wrote this: ``What the 
world saw at Joe Biden's one and only 2024 debate was not an 
anomaly. It was not a cold. It was not someone who was under-or 
overprepared. It was not someone who was just a little tired. 
It was the natural result of an 81-year-old man whose 
capabilities had been diminishing for years.'' Biden, his 
family, and his team let their self-interest and their fear of 
another Trump term justify an attempt to put an at-times addled 
old man in the Oval Office for four more years.
    So make no mistake about it, this was a constitutional 
crisis bigger than President Biden, bigger than any single 
election, and one that cannot be absolved by the collective 
apology of the press and an election where the President's 
party lost.
    Current events such as we are experiencing today in the 
Middle East are a prime example of why we need a President with 
his full cognitive abilities making important decisions 
involving war and peace. We should know, but we don't yet know 
precisely what should happen when a President is unable to 
perform his or her constitutional duties, and that is the 
purpose of today's hearing.
    There are many unanswered questions from this scandal, 
questions that the authors of Original Sin fail to address in 
their book, questions that are foundational to the proper 
functioning of our Government. We will address those here and 
shine a light on exactly what went on in the White House during 
the Biden Presidency. We simply cannot ignore what transpired 
because President Biden is no longer in office.
    With a compromised President, our Government's very 
legitimacy and capacity to function was undermined. The 
American people paid a price, from President Biden's handling 
of the border crisis to the disastrous events we saw unfold in 
Afghanistan. It is absolutely imperative that Congress grapple 
with these difficult questions, no matter how much our 
Democratic colleagues would like to simply sweep it under the 
rug.
    We need to know who was in charge during the last months of 
the Biden administration. Was it his wife, his chief of staff, 
nameless others? None of these people were elected by the 
American people, nor were they authorized by the Constitution 
and laws of the United States to carry out the duties of the 
President of the United States.
    The 25th Amendment provides a roadmap for succession in 
instances of Presidential incapacity. Section 4 gives the Vice 
President and a majority of the President's Cabinet the 
authority to challenge the President's ability to carry out the 
functions of his office subject to a vote in Congress. But in 
this instance, the Vice President and the cabinet, the very 
ones authorized by the 25th Amendment to question the 
President's capacity, they did nothing.
    Are there penalties when the cabinet and the Vice President 
refuse to carry out their duties under Section 4 of the 25th 
Amendment? Should there be more accountability? The framers of 
this amendment acknowledged that the execution of that 
amendment would depend on the good faith of the cabinet and the 
Vice President. But Biden's Cabinet and the Vice President did 
not act in good faith. They acted in their political and 
personal self-interest.
    This is the great paradox of self-government. Many of the 
rules, traditions, and institutions that sustain our republic 
are self-enforcing. The health and legitimacy of our democratic 
republic rests on the character of the men and women who serve 
in government. As a government, it is imperative that we have 
clear contingency plans when emergency strikes. And yes, it is 
an emergency when we have a sitting President who is unable to 
discharge the duties of that office.
    The concerns raised by this incident stretch far beyond the 
bounds of partisan politics. I will note that few of my 
Democratic colleagues are here today. Thank you to Senator 
Welch from Vermont for being here, leaving us with no other 
option than to take the boycotting of this hearing as an 
admission of guilt for their role in this crisis.
    We must not turn away from the search for answers. And it 
is not an overstatement to say that the future of our country 
could one day hinge on how we choose to act or not act on this 
very issue.
    I look forward to hearing from our witnesses this morning 
as we examine the difficult but necessary questions that must 
be answered from this monumental scandal.
    I yield to my colleague from Missouri, Senator Schmitt, who 
will now co-chair the hearing.

            OPENING STATEMENT OF HON. ERIC SCHMITT, 
           A U.S. SENATOR FROM THE STATE OF MISSOURI

    Senator Schmitt. Thank you. I do want to begin by 
expressing my sincere gratitude to Chairman Grassley for 
granting me the privilege of co-chairing this Committee with my 
esteemed colleague, Senator Cornyn.
    The title of the hearing, ``Unfit to Serve,'' captures a 
sobering and undeniable truth. President Biden was mentally 
unfit to carry out the responsibilities of the most powerful 
office in the world. Given his mental incapacity, the American 
people deserve to know who was running the country the last 4 
years.
    Today, as we seek to answer this question, it is deeply 
disappointing, but not surprising, that most Democrats on this 
Committee have chosen to all but boycott the hearing and have 
failed to call a single witness. They have chosen to ignore 
this issue like they ignored President Biden's decline. Their 
absence speaks volumes, an implicit admission that the truth is 
too inconvenient to face. By refusing to engage in this 
critical examination, they abdicate their responsibility to the 
American people. This de facto boycott is not just a refusal to 
participate. It is a refusal to serve the American people who 
deserve answers about who was truly leading their Government.
    President Biden's decline did not suddenly begin in June of 
2024. It was a persistent and obvious truth that was evident 
for years to anyone who was willing to see it. This reality did 
not require special insider knowledge or investigative 
reporting to uncover. We didn't need Jake Tapper and Alex 
Thompson to tell us what millions of Americans could freely 
observe with their own eyes. The truth was glaringly obvious. 
Anyone who was paying attention could tell that the emperor had 
no clothes.
    Nearly a year ago, I took the historic step as the first 
U.S. Senator to formally call for the invocation of the 25th 
Amendment against President Biden. I sent letters to every 
cabinet secretary and the Vice President laying out the urgent 
case. Our Nation was effectively without a leader.
    [Poster is displayed.]
    The absence of a functioning President wasn't an abstract 
issue. It inflicted severe consequences on our Nation, 
consequences that touched every aspect of American life. On 
border policy, our Nation's borders were handed over to the 
radical left-wing element of the administration, throwing open 
our borders to 15 million illegal aliens, an unprecedented 
immigration crisis that pulled our Nation into chaos. On 
foreign policy, haphazard and reckless discussions, decisions 
placed our warfighters in jeopardy, escalated conflicts around 
the globe, and led to a catastrophic humiliation on the world 
stage that claimed the lives of 13 American soldiers, including 
one Missourian, during the disastrous withdrawal from Kabul.
    On the economy, rampant inflation drove up the cost of 
life's essentials, making them unaffordable to countless 
hardworking families. In the realm of culture, the regime 
censored free speech, closed down churches, targeted 
traditional Catholics and parents at school board meetings, and 
let an unelected class of left-wing radicals degrade, attack, 
and lie about our history and our heritage. A poisonous anti-
Western, anti-American ideology that had once been confined to 
elite university classrooms suddenly became the official White 
House policy.
    [Poster is displayed.]
    All of this was done not in isolation. It was sustained, 
defended, and covered for by an alliance of elite institutions 
from the media to the so-called expert class, to Big Tech, to 
the Federal bureaucracy itself. When we speak of collusion 
among elites or the so-called deep state, we are accused of 
being conspiracy theorists. But this was no theory. It was 
plain and overt, out in the open for everyone to see.
    For 4 years, we had a President who could barely string 
together coherent sentences after 6 p.m. Yet, this glaring fact 
went unreported, undiscussed, and unaddressed. Why? Because the 
Democrat Party, corporate media, Federal bureaucracy, and Big 
Tech companies collaborated to conceal the truth from the 
American people, not out of ignorance, but because it advanced 
their own interests. In the absence of a functioning President, 
chaos took hold. An empty vessel occupying the Oval Office 
becomes a puppet for those surrounding him.
    Many elected officials, including some in this Chamber, 
have used autopens, a mechanical device that replicates a 
signature. There is nothing inherently wrong with that, so long 
as we are the ones actually making the decisions. But under 
President Biden, the autopen became a troubling symbol, a 
symbol of an absentee President in an executive branch directed 
by nameless, faceless aides that no one outside of Washington, 
DC. had ever heard of and no one ever voted for. It was the 
autopen Presidency, a government run by Committee rather than a 
leader chosen by the American people.
    By contrast, love him or hate him, we all know President 
Trump is in command of his Presidency, and he is the one 
calling the shots. It is plain as day that President Trump is 
actively making the decisions, whether announced via Truth 
Social or signature.
    Under President Biden, that transparency and certainty 
evaporated. We cannot confidently say that the decisions 
bearing his signature were the will of the President or his 
politburo. That goes doubly for his social media posts, 
including his decision to drop out of the 2024 Presidential 
election. We did not know if it was his decision or posted on 
his behalf after a palace coup because President Biden was 
mentally unfit to serve. The corporate media played an 
indispensable role in this coverup, systematically suppressing 
discussion of President Biden's condition.
    As we will demonstrate in the video evidence presented 
today, dissenting voices were silenced, and the truth was 
buried. It was not a passive oversight. It was a deliberate 
campaign to shield the narrative that protected the interests 
of the most powerful. Even Members of this very Committee, some 
of whom served alongside then-Senator Biden when he Chaired 
this very Committee, defended his mental acuity for years.
    Now, Jake Tapper and Alex Thompson offer a convenient 
narrative to absolve everyone involved. The media lacked 
access. The family was overtly protective. The cabinet was 
incompetent. And Robert Hur said the President was merely a 
well-meaning man in aviators who liked ice cream.
    It is the tired, evasive refrain of the politician caught 
in a lie. Mistakes were made. Yes, mistakes were made. And 
every participant in the coverup, from the media to the 
cabinet, is jointly and severally liable for what may very well 
be the greatest deception in our Nation's history. Even their 
apologies today are framed in a way that absolved them from 
responsibility for this crime against the American people. They 
apologized for having ``missed the story.'' They didn't miss 
anything. They actively chose to ignore or run cover for the 
people in power.
    The Biden Cabinet rarely met. And some members, like former 
Secretary of Transportation, Pete Buttigieg, deliberately 
distanced themselves from the President to maintain plausible 
deniability.
    Even Members of this Committee were part of the great 
deception. The Monday after Biden announced he would not seek 
re-election, one Member called the idea of invoking the 25th 
Amendment ``outrageous,'' insisting the debate performance does 
not reflect who he is or his capacity to govern as President of 
the United States. Another Member repeatedly vouched for 
Biden's fitness, declaring, ``Joe Biden is fit, capable, and 
ready to serve another term.'' And later, ``This is a man who 
is sharp, who is on top of his game, who knows what is going 
on.'' Yet another, during the 2020 Democrat Presidential 
primary, alluded to Biden's decline, but quickly retracted his 
remarks when it became politically expedient. After the debate, 
yet another Member praised Biden's strong delivery of remarks 
to NATO as evidence of his capacity to lead.
    The purpose of this hearing is not to interrogate Biden 
officials or partisan reporters, though they should be held 
accountable. Instead, our focus is to identify and rectify the 
systemic weaknesses that allowed this situation to fester 
unchecked.
    Our distinguished witnesses, experts in White House 
transparency, operational procedures, and Executive power, will 
assist us in diagnosing these flaws. While the House and Senate 
pursue factfinding missions to hold these responsible to 
account, our mission here is to chart a path forward. We cannot 
allow another weekend at Biden's Presidency with its glaring 
national security vulnerabilities papered over by an autopen.
    The D.C. establishment might argue that the governance of 
shadowy, unelected figures is a legitimate substitution for a 
functioning President. It is not. The American people cast 
their vote for a President, not a faceless apparatus.
    Article II of the Constitution vests immense authority in 
the President of the United States, a single individual. With 
that extraordinary power comes equally profound responsibility. 
At the Constitutional Convention, our Founding Fathers debated 
giving the President the title of Defender of the Rights of the 
American People.
    The security and well-being of the American people and 
their rights must take precedent over personal ambition. It is 
often said that power corrupts. I believe that power reveals. 
Over the past 4 years, this coverup laid bare a disturbing 
reality. The left and the corporate media placed their pursuit 
of power above the welfare of your families and your country. 
They dismissed your observations, urging you not to trust your 
own eyes.
    We have a solemn duty to call this what it is, an 
abdication of constitutional duty. As was stated in Federalist 
51, ambition must check ambition. If a President is mentally 
unfit to serve, we need a dependable mechanism to, at the very 
least, ensure that the truth reaches the American people.
    I look forward to the insights this hearing will yield and 
from our expert witnesses in the discussion that will follow. 
The public is counting on us to ensure this never happens again 
because we won't always be fortunate enough to have a leader 
like President Trump who is so unmistakably in command.
    Senator Welch.

            OPENING STATEMENT OF HON. PETER WELCH, 
            A U.S. SENATOR FROM THE STATE OF VERMONT

    Senator Welch. Thank you very much. Senator Cornyn 
indicated the view of the hearing is that there was a 
constitutional crisis as a result of the coverup of President 
Biden's decline. I believe there is a constitutional crisis. It 
is the collapse of Congress asserting its Article I authority 
to make decisions about the well-being of the American people.
    What has this Senate debated in the months that we have 
been here, other than nominations? Have we discussed the 
possible war with Iran? Have we had a serious discussion on the 
floor about the massive and mounting debt? Have we had any 
discussion about the abdication of congressional spending 
authority by the impoundment actions of an administration? Have 
we had a discussion about climate change that is causing havoc 
throughout the world? What we have done is gone to the floor 
and debate--we haven't debated. We have gone to the floor and 
voted on nominations.
    There is another issue of great concern to me because I 
have enormous respect for my colleagues. Each and every one of 
us who was elected, it is the highest honor of our life. Each 
and every one of us came here because it is in our bones that 
we want to try to do something beneficial and make life better 
for the people we represent. And we have different points of 
view. But instead of this Congress debating those different 
points of view, about oil exploration, or about clean energy, 
about a good healthcare system, what we do is turn that debate 
into personal accusations of motivations, of coverup, of 
conspiracy, of bad character, of demeaning folks who disagree 
with us so we never get to the discussion about how do we have 
a healthcare system that works for the people in Texas, the 
people in Louisiana, and the people in Vermont. We never get to 
the discussion about, are we going to deny the reality of what 
you know is true, climate change, and how do we address that in 
a way that maintains a strong economy and actually builds a 
strong economy?
    We get into the accusations that if you disagree with me, 
you are a left-wing radical. We get into these discussions that 
if you disagree with me, you are a Marxist. We get into these 
discussions that fan the perception of the people we all 
represent, who desire nothing more than be able to take care of 
their families, live with some security, make a contribution in 
the communities where they live, that if a person disagrees 
with you, they are a bad person. We will get nowhere with that 
approach.
    Now, so many of the things that happened in the Biden 
administration I totally supported, and many of you totally 
opposed. Those are policy disagreements. He came in with COVID. 
We got through COVID. We can debate about how we did it, but 
that was an accomplishment. The American Rescue Plan, we had 
the biggest jobs creation in the history of the country. The 
Chips and Science Act, acknowledging that we have to have a 
strong economy and be able to have the best chips here 
manufactured in the United States, we did that. The Federal 
Disaster Program improved significantly, and I can go on and 
on.
    And I will take up something where we didn't do well, and 
that is immigration. You won that argument, but does it mean 
that those who disagreed with you along the way were bad 
people, should be labeled Marxist, should be condemned?
    The American people ultimately get to decide, but to the 
extent that we have a responsibility that we share, Republicans 
and Democrats, whichever side of the issue you are on, it is to 
debate the issue and not debase the people who are in the 
debate.
    That is what I see is the crisis that we are facing in this 
Congress, our refusal to engage in the serious discussion about 
the issues that are having such an impact on the people we 
represent.
    And I am going to tell you what I think is a coverup. I 
think this Big Beautiful Bill done by reconciliation, whereby 
decision of the majority, not a single member of the minority 
who represent half of the citizens of this country can even be 
in the room when the terms and the policies are being debated. 
We are not there.
    That is what I call a coverup because our responsibility, 
our responsibility to the people we all represent is to debate 
healthcare, is to debate our budget, is to debate about the 
debt that we are going to be leaving future generations. And 
there is no debate in what is going to be decided in the 
private backrooms amid discussions, not even of all the 
Republicans, but of some Republican leaders. That is what is 
going to have a lasting impact on the people every one of us 
represents, whether it be in Missouri, Texas, North Carolina, 
or Louisiana, or Vermont. We can't even do our jobs because we 
are not allowed to be in the room.
    So, sure, we can enjoy the pleasure of looking back at the 
Biden administration, and then getting into the weeds about 
when and where and how the President was acting at any given 
moment. But, you know, I asked myself before I get into a 
debate, and before I do anything, why am I doing it? And if I 
do it, does it have the potential to make things better for the 
people I represent? And if the answer is no, it doesn't have 
any opportunity to help the folks in Vermont, I just shut up. 
That is what I do because it won't help. What we are doing 
right now won't help. It will not help.
    And I asked myself, why in the world are we doing it? But 
we know the answer to that, because the politics that has been 
embraced in this Congress is the politics of accusation, of 
demeaning adversaries, of deflecting from engaging in the hard 
discussion about hard issues and trying to come to some common 
agreement that is going to be to the mutual benefit of all of 
the people that we represent.
    I yield back.
    Senator Schmitt [presiding]. Thank you. We will now 
introduce the witnesses. First up, from my left to right, John 
Harrison.
    John C. Harrison is the James Madison Distinguished 
Professor and Class of 1941 Research Professor at the 
University of Virginia School of Law. He is a graduate of the 
University of Virginia and Yale Law School.
    After graduating from law school, he engaged in the private 
practice of law, then clerked for Judge Robert Bork on the U.S. 
Court of Appeals for the D.C. Circuit. From 1983 to 1993, he 
worked at the U.S. Department of Justice, including as deputy 
assistant attorney general in the Office of Legal Counsel. He 
joined the law faculty at the University of Virginia in 1993.
    In 2008, he was on leave from the law school to serve as 
counselor on international law and legal advisor to the United 
States Department of State. His principal academic fields are 
structural constitutional law, administrative law, Federal 
courts, and constitutional history.
    Skipping over the empty seat to Theo Wold, Theo Wold is a 
visiting fellow for law and technology policy at the Heritage 
Foundation. Wold is the former solicitor general of Idaho. 
Previously, Wold served as the acting assistant attorney 
general in the Office of Legal Policy at the Department of 
Justice and deputy assistant to the President for domestic 
policy under President Donald Trump.
    Wold clerked at the U.S. Court of Appeals for the District 
of Columbia Circuit for Judge Janice Rogers Brown and the U.S. 
District Court for the District of Puerto Rico for Judge Jose 
Fuste. Wold is an intelligence officer in the United States Air 
Force. Wold holds degrees from Georgetown University where he 
studied government and English and from the University of St. 
Andrews where he studied English literature and a JD from the 
University of Notre Dame. Mr. Wold and his wife have five 
children and live in Boise, Idaho.
    Sean Spicer, Mr. Spicer served as the 30th White House 
press secretary, is the author of four best-selling books, and 
the host of the Sean Spicer Show. Mr. Spicer previously served 
as Communications director and chief strategist of the 
Republican National Committee and worked for several Members of 
Congress. He currently serves on the Board of Visitors of the 
U.S. Naval Academy, holds master's degrees from the U.S. Navy 
War College, and is in his 26th year of service in the U.S. 
Navy. Mr. Spicer is a native of Rhode Island and resides in 
Virginia.
    It is the tradition of this Committee that all witnesses 
will be sworn in. If you would please rise, I will swear you in 
now. Raise your right hand.
    [Witnesses are sworn in.]
    Senator Schmitt. Thank you. And now we will start with you, 
Mr. Harrison, with your opening statement.
    Senator Schmitt. Press your mic there. Thank you.

  STATEMENT OF JOHN HARRISON, THE JAMES MADISON DISTINGUISHED 
PROFESSOR OF LAW; CLASS OF 1941 RESEARCH PROFESSOR OF LAW, THE 
   UNIVERSITY OF VIRGINIA SCHOOL OF LAW, CHARLOTTESVILLE, VA

    Professor Harrison. Thank you, Senator Schmitt, Senator 
Cornyn. The Committee has asked me to discuss Congress' power 
to regulate the process by which the President's signature is 
affixed to a document other than a bimanual signature, that is 
to say the use of an autopen or similar technology. I have four 
points to make.
    The first is that the Constitution and the laws generally, 
when they require that the President act by signing a document, 
do not require that the President manually sign the document. 
The Justice Department's Office of Legal Counsel wrote an 
opinion on that subject in 2005, which is quite extensive, and 
I find it persuasive.
    The concept of signature is signing a document is more 
general than--like a lot of concepts, more general than its 
central application. The central application is manual 
signature, but that is not the only way by which someone can 
sign a document. Someone can also sign a document by indicating 
that the person signing the document has decided that that 
person's signature should be affixed to the document by some 
process other than manual signature.
    The second point is that as a general matter, Congress has 
power to carry into execution the constitutional powers of the 
other branches of Government. The last power that is conferred 
on Congress by Article I, Section 8, is the end of what is 
called the Necessary and Proper Clause, and it provides that 
Congress shall have power--I will read the whole clause--``to 
make all laws which will be necessary and proper for carrying 
into execution the foregoing powers,'' that is Congress' other 
powers there, in Article I, Section 8, ``and all other powers 
vested by this Constitution in the Government of the United 
States or in any department or officer thereof.''
    That's the last part. That's the part that is relevant 
here. It is sometimes called the Horizontal Necessary and 
Proper Clause because it operates horizontally among the three 
co-equal branches. Congress is the legislature. There are times 
when one of the other constitutional powers can use support 
that can be given only by the force of law, and that is 
something that Congress can do with the Horizontal Necessary 
and Proper Power.
    The next thing I'll say is there are some principles, I 
think, that should govern exercises of the Horizontal Necessary 
and Proper Power. The first is that it operate to support, to 
assist, to make--cause to function better the power that is 
being carried into execution, be it that of the President or 
that of the Federal courts.
    The second is that, in supporting the other powers, 
Congress not seek to exercise powers that are vested elsewhere, 
like the power to decide cases, like the President's power of 
pardon.
    And third, when Congress exercises that power, it should 
make sure not to put substantial burdens on the exercise of the 
other powers that it is seeking to support, powers that, once 
again, are vested elsewhere than Congress--than in Congress or 
by the Constitution.
    I think Congress can regularize the process by which the 
President's signature is affixed without his manual signature 
in a way that would be consistent with Congress' Horizontal 
Necessary and Proper Power. In particular, Congress can require 
that when the President indicates that his signature is to be 
affixed to a document without manual signature, that that 
decision by the President be documented and the--some 
individual record that the President has made that decision and 
that be made part of the public record, say, by being published 
in the Federal Register or the Weekly Compilation of 
Presidential Documents.
    A statute like that would carry the President's power into 
execution because making sure that the President really has 
made a decision and that it wasn't made by someone else with 
the President's--someone else with the President's autopen is a 
way to make sure that the power is properly exercised, that is, 
by the President. As long as a statute like that is completely 
neutral, applies the same way to all Presidential decisions, it 
shouldn't raise any problem of Congress trying to control the 
President's authority. Again, constitutional power is vested in 
the other branches and supported by Congress under the 
Horizontal Necessary and Proper Power.
    And third, a requirement of documentation. Well, the White 
House does a lot of documents. The requirement of documentation 
would not place a substantial additional burden on the 
President and the processes by which the President acts. And I 
would suggest that if the Committee consider legislation along 
these lines, that it inquire into the paper flow process 
currently used in the White House so that any statute Congress 
enacts will make that process work better rather than burdening 
it, making it not work as well.
    Thank you.
    [The prepared statement of Professor Harrison appears as a 
submission for the record.]
    Senator Schmitt. Thank you. Mr. Wold.

    STATEMENT OF THEODORE WOLD, VISITING FELLOW FOR LAW AND 
     TECHNOLOGY POLICY, THE HERITAGE FOUNDATION, BOISE, ID

    Mr. Wold. Senator Cornyn, Senator Schmitt, Members of the 
Committee, thank you for the opportunity to testify this 
morning about how the coverup of President Biden's mental 
decline endangered America's national security and undermined 
the Constitution.
    The U.S. Constitution vests Executive power in a single 
person, the President. At the founding, the President exercised 
the Executive power through only a small group of trusted 
advisors and personnel. In fact, President Washington had a 
four-member cabinet. Today, the President directs a Leviathan 
executive branch with 15 cabinet departments and at least four 
million full-time executive branch employees.
    The executive branch proliferation has a single source of 
democratic legitimacy, that by order of U.S. Constitution's 
Article II, the President is both elected by the American 
people and vested with the Executive power, all of it.
    Traditionally, the President takes positive actions and 
authenticates those actions through his signature. His 
signature is required for the most significant actions he may 
undertake, to sign an Executive Order, to take any action 
invested in him by the Constitution, as in granting a pardon, 
and to take the most important action of all, to sign a bill 
into law. In all these cases, the President's signature is 
itself the protection of democratic principle. When the 
President signs, he communicates his assent and endorsement of 
the action he takes.
    The autopen is a device that signs the President's 
signature to a document. The Oversight Project, of which I am a 
board member, has discovered that the Biden White House 
deployed an autopen to affix President Biden's signature to 
pardons, prison commutations, Executive Orders, and 
Presidential proclamations. The Oversight Project's research 
has found that the Biden White House first deployed the autopen 
to affix President Biden's signature to a proclamation on day 5 
of his administration, and that there were at least three 
different autopen signatures in use throughout President 
Biden's tenure in the White House.
    In June 2022, the Biden White House began deploying the 
autopen to sign clemency warrants and Executive Orders. Autopen 
use skyrocketed from there. We found that of the 51 clemency 
warrants issued during the Biden Presidency, over half, 32 in 
total, were signed with an autopen. And these include some of 
the most controversial acts of clemency of the Biden 
Presidency, including death row commutations and the preemptive 
pardons of members of the Biden family, Dr. Anthony Fauci, 
General Mark Milley, and more that were issued in the final 
days of the Biden Presidency.
    We reviewed President Biden's schedule and his publicly 
available media and were unable to find any record of President 
Biden's personally approving these actions, such as a statement 
issued by the President himself to reporters. In addition, we 
found that the Biden White House used the autopen to affix 
President Biden's signature to clemency warrants and Executive 
Orders while the President himself was in Washington, DC, for 
at least some of that day, and thus was presumably available to 
sign important executive actions. Finally, we found multiple 
days where President Biden wet-signed a bill into law, but used 
an autopen to issue an Executive Order or for other important 
executive actions.
    The Biden White House's widespread use of an autopen to 
affix President Biden's signatures to documents that exercise 
Executive powers belonging solely to the President poses 
significant constitutional, legal, and practical 
considerations. Once the President's signature is copied and 
loaded into the autopen, the machine can sign documents as the 
President himself would. To be blunt, by using the autopen, 
anyone can sign documents as the President himself.
    Now, to be clear, I'm not here today to suggest that the 
autopen is bad. It's just technology. I'm here today because of 
questions concerning President Biden's capacity and whether the 
autopen was used to usurp Presidential power or to conceal the 
President's decline.
    As the sitting President's mental acuity declined, 
potentially to the point of incapacitation, his 
administration's expansion of the powers of the Presidency 
raises more questions than answers. Any investigation into this 
matter should focus not only on whether President Biden 
directed or authorized subordinate staff to take action in 
certain instances but whether he had the capacity to do so at 
all.
    The 25th Amendment lays out clear procedures for what to do 
when the President is incapacitated. It was carefully drafted 
and informed by our Nation's history. The Biden administration 
ignored it all to aggrandize Executive power and push the 
country further in their preferred ideological direction.
    It is our obligation at this point at--to get to the bottom 
of these issues and to ask the important question as to whether 
or not the autopen and other devices were used to cover and 
obscure President Biden's mental decline, undermining our 
national security and also the Constitution.
    Thank you for the opportunity to testify this morning.
    [The prepared statement of Mr. Wold appears as a submission 
for the record.]
    Senator Schmitt. Right on time, pretty impressive. Thank 
you. Mr. Spicer.

 STATEMENT OF SEAN SPICER, FORMER WHITE HOUSE PRESS SECRETARY, 
           HOST, THE SEAN SPICER SHOW, ALEXANDRIA, VA

    Mr. Spicer. Chairmen Schmitt and Cornyn, Members of the 
Committee, thank you for having me. I was asked to share my 
experience as a senior White House staffer with respect to the 
interactions that I and other senior staff had with President 
Trump during his first term.
    During my tenure as press secretary, I interacted with the 
President multiple times every day. Most days, I would talk to 
him by phone or in person early in the morning and then 
multiple times throughout the day, including weekends. For the 
most senior positions in the White House, those designated by 
the rank of assistant to the President, which includes the 
White House chief of staff, the White House counsel, and the 
press secretary, it is critical to have regular interaction 
with the President.
    The position of press secretary especially demands this 
type of consistent and intentional communication. I or any 
other press secretary, regardless of administration, could not 
do the job effectively without regular communication with the 
President. It was my responsibility to have the most up-to-date 
understanding of President Trump's position on policy, 
personnel, and everything in between.
    Admittedly, I made a couple of rather high-profile mistakes 
during my tenure. You may have read some of them. But in all 
cases, those mistakes occurred when I wasn't connected with the 
President's thinking or position on a particular issue or 
policy. Coordinating and collaborating among even the most 
senior staff cannot replace direct communication with the 
President himself.
    In my position, I was very well acquainted with the 
President's work, his day-to-day responsibilities, and his 
fitness for office. I watched him serve with the strength and 
endurance of a man half his age. As you can see on almost a 
daily basis through events, statements, and social media posts, 
he is up early and ends his days very late.
    Yet in several instances during his first term, the media 
questioned his fitness for office. Guests and so-called 
experts, like Sanjay Gupta at CNN, were called upon to 
speculate on the result of Trump's physical and mental well-
being. The Washington Post ran hit pieces with headlines like, 
``The White House struggles to silence talk of Trump's mental 
fitness.'' Vox wrote, ``Is Trump mentally unfit to be 
President?'' NBC ran a story by the Associated Press that 
raised mental health concerns regarding the President. CNN's 
Brian Stelter questioned if members of the news media were 
``tiptoeing around obvious questions about President Trump's 
instability.'' These headlines were not isolated instances. 
Most major news outlets ran with these ridiculous type of 
propaganda pieces. To use one of the media's favorite terms, 
these inquiries were without evidence.
    That brings us to the juxtaposition of how the very same 
media covered the Biden administration. To be blunt, the legacy 
media failed the American people. They failed to do their job. 
Many, rightly so, believe the media in this country is culpable 
in covering up the obvious decline of the 46th President of the 
United States. The scrutiny that was baselessly directed at 
President Trump during his first term was wholly absent from 
the media coverage of the Biden White House. The media lacked 
any sense of curiosity that would naturally stem from what the 
public could see with their own eyes.
    Even in the face of deeply concerning and public signs of 
President Biden's mental and physical decline, legacy media 
outlets were silent. Biden and his senior aides flatly 
dismissed the need for a cognitive test during his tenure, as 
had been requested of President Trump. Yet no protest was heard 
from the voices that were so critical of Trump. With the 
exception of a couple White House reporters, like Fox News 
Channel's Peter Doocy, reporters generally refused to breach 
the subject at White House briefings.
    News outlets weren't the only ones complicit in covering up 
Biden's decline. Presidential staff would have or should have 
been interacting with Biden on a daily basis. At best, his 
administration was grossly negligent. At worst, Biden's staff 
actively concealed his fitness for office.
    When White House Press Secretary Karine Jean-Pierre said 
President Biden could run circles on her, there were only two 
possible conclusions, that she herself was in poor health and 
in need of medical assistance or that she was lying. There is 
no question that a vast difference between how President Trump 
interacted with his staff and how President Biden did.
    When one--whether one supports President Trump or not, he 
is clearly the most accessible and transparent President in 
modern history, and there is no question who is running this 
country. The same cannot be true--said of President Biden.
    It is the President who is elected by the American people. 
The role of staff is to execute his agenda and policies. I 
thank the Committee for holding this hearing so that, going 
forward, the American people can have the confidence in who is 
running the country and making critical decisions. The American 
people deserve no less.
    [The prepared statement of Mr. Spicer appears as a 
submission for the record.]
    Senator Schmitt. Thank you for those opening statements. 
The minority did not call any witnesses for today's hearing. 
They have chosen to ignore the hearing, as they chose to ignore 
President Biden's mental decline, but we do have a short video 
of some previous statements from Biden administration officials 
and Democratic Party officials telling us not to believe our 
lying eyes.
    You can play the video.
    [Video is shown.]
    Senator Schmitt. Okay. Professor Harrison, I do want to ask 
you a couple questions. I just wanted you to presume for a 
moment that a pardon was issued under President Biden's autopen 
signature but issued without his direction. It comes to light 
that he actually didn't direct it. A member of his staff used 
the autopen for a pardon. What recourse is available under 
those circumstances?
    Professor Harrison. Senator, I think there would be two 
questions. The first has to do with whether--and I don't--I 
can't answer it other than to identify the question, which is 
to say sometimes documents that are properly authenticated are 
treated as having been validly issued even when they're not. 
That can happen. There are legal rules that produce that 
result. And I don't think there is such a rule about a pardon, 
but I would have to inquire into that, again, because there are 
such rules.
    The other thing I'd say is that for a pardon particularly, 
the only situation I can think of that clearly would bring into 
question whether the pardon was valid, which was the first 
question, was if the Government sought to prosecute someone and 
the person reportedly received the pardon, offered the pardon 
as a defense, then the Government might say that, no, the 
pardon was invalid and therefore you weren't pardoned. You're 
still subject to prosecution. There might be some other way for 
a question like that about a pardon to come up. I can't think 
of another, but that is the one I can think of.
    Senator Schmitt. So from your perspective, let's just say 
that if there isn't any other legal recourse other than the one 
that you sort of brought up, what advice would you give to this 
Committee or this Congress or this Senate to address that? What 
remedies could the legislative branch enact?
    Professor Harrison. It's hard to think of anything Congress 
can do ex post. That's why I do think that it would be 
advisable ex ante to improve the process of authentication and 
make it more clear that documents that are signed by autopen 
really do reflect a decision by the President. That done in 
advance will make whatever the authentication system is more 
reliable.
    Senator Schmitt. Mr. Wold, given sort of the role that you 
played in trying to provide more transparency of what happened 
during the 4-years under Joe Biden, who was running the country 
under Joe Biden? Let's just take the last 2 years.
    Mr. Wold. It's a great question, Senator. And at some 
level, I am not the right witness for this hearing. I mean, 
there should be members of the media here, maybe some of your 
Senate colleagues who had known the President over the years 
and obviously had close proximity during the time of his 
administration and obviously his staff.
    I think, you know, sort of aligned with your previous 
question, there is a real consideration here on authentication. 
And in my time in the first Trump White House, there was an 
exhaustive process to determine how paper flowed into the Oval 
and when the President had given his assent to a certain 
action. That was through, in fact, two different policy 
channels, the staff secretary, and then there was also an 
office, essentially a policy management guiding the flow of 
documentation.
    If the Biden administration staffers and personnel wanted 
to put this to bed, they could very easily dispel all of this 
by saying, here are the documents that show the President 
assented to these actions. The Trump administration would have 
that. Previous administrations would have that. And if that's 
not there, then there is cause to improve the way that 
executive branch employees authenticate actions undertaken by 
the President.
    Senator Schmitt. Yes, I mean, the President actually 
performing the functions of President is kind of an important 
thing in our constitutional order. You had, kings used to affix 
their seal to show that this was an official declaration from 
the sovereign in this country, the sovereign or the people. 
They delegate, you know, the authority to their elected 
representatives.
    And as you mentioned in your opening statement, there is 
only one person elected by everybody. So that signature--this 
is not just a small point. That signature issuing a pardon for 
someone who'd been convicted of a crime or in the case of Joe 
Biden, these preemptive pardons, which are sort of 
unprecedented, is a big deal. And I think that is part of the 
reason why we are here today.
    Mr. Spicer, I wanted to ask you, you alluded to this, but 
the media is so desperate to make sure President Trump never 
got back into office. Of course, you saw the lawfare that took 
place, but then of course this narrative that Joe Biden was 
fine, don't believe your lying eyes and told that they couldn't 
deny it anymore based on the debate. Could you just kind of 
compare that to your experience when you were, you know, press 
secretary for President Trump to sort of the inquiries that 
were made daily about his mental acuity versus the inability to 
do that during the 4-years under Joe Biden?
    Mr. Spicer. Well, Senator, in many cases, there was no 
inquiry. They would just run with a story, having guests on 
that would question his physical or mental acuity, speculate on 
it, bring guests on that would speculate it. We would often 
then push back on those kinds of stories.
    That is in vast contrast to the lack of any kind of 
curiosity that existed throughout the 4-years of President 
Biden. And I think the difference was they would seize on the 
simplest thing with President Trump, whereas in President 
Biden's case, there was multiple issues of physical, mental 
confusion, him going in the wrong direction, him falling down, 
him misunderstanding an event or not being able to finish a 
sentence. That was never the case with President Trump. They 
were almost manufacturing instances in his case without 
actually trying to get to the bottom of a story or inquire 
within the press office to get our response. They would go with 
the story, then we would push back.
    With Biden, my understanding from the conversations that I 
would have with the media is they would never ask. They just 
literally were basically afraid to go there.
    Senator Schmitt. Senator Cornyn.
    Senator Cornyn. Professor Harrison, it strikes me when 
talking about the autopen, there are really two issues. One is 
the mechanical use of an autopen in lieu of an actual signature 
by the President. But it seems to me that we are confronted 
with more important or more fundamental issues is did the 
President know that the autopen was being used for that 
purpose?
    And so one would be--if somebody stole the autopen and was 
signing pardons on behalf of the President, but what we are 
confronted with here is really the capacity of the President of 
the United States to understand what he was supposed to be 
doing.
    And just thinking about other areas of the law where 
capacity is important, and whenever it comes to people writing 
a will, let's say, for example, disposing of their property to 
their children and grandchildren, occasionally, there arises 
the issue of testamentary capacity by the person disposing of 
their property. And generally speaking, to have testamentary 
capacity, that person must understand they are signing a will, 
they comprehend the nature and the extent of their property, 
they recognize their relationships with potential 
beneficiaries, and understand how the will disposes of their 
assets. So why can't we have a similar inquiry into the 
executive capacity, let's say, of the President of the United 
States to actually know what he or she is doing?
    Professor Harrison. Senator, you're absolutely right that 
that question, whether the President or somebody else who holds 
official power has the legal capacity to exercise it, is 
distinct from authentication of documents. Authentication of 
documents is important, but capacity is another question.
    With respect specifically to the President, I think the 
answer there is--and this may be ``out of the frying pan into 
the fire'' kind of answer. The answer there is Article II and 
then the 25th Amendment deal with the situation in which the 
President is unable to exercise his powers and duties. And I 
think it's a reasonable inference, although the Constitution 
doesn't come out and say this, that a President who is not 
determined to be unable through now what's the 25th Amendment 
process for making that determination, there's no process in 
Article II itself, the 25th Amendment, added something. A 
President who has not been, pursuant to the 25th Amendment, 
determined not to be able to exercise the powers and duties of 
the President is presumed to have capacity to do that.
    I say that not on the basis of any sort of, other than 
practice, that's the way it's been for a couple of hundred 
years, but I think that is a reasonable inference from the fact 
that the Constitution does make a provision about what happens 
when the President is unable and the 25th Amendment then 
provides a process to determine by which the President is 
unable.
    Senator Cornyn. Mr. Wold, following up on Professor 
Harrison's answer, the 25th Amendment requires actions by the 
Vice President and a majority of the cabinet to declare the 
President incapacitated, incapable of carrying out his or her 
duties, but there doesn't appear to be any accountability or 
any remedy when they fail to act as they did in this case. Some 
have suggested that there may be potential crimes committed by 
members of the cabinet for failing to act, basically suborning 
perjury, forging Government documents, impersonating a Federal 
officer, making false statements, conspiracy to defraud the 
United States, obstruction of justice, wire or mail fraud. 
Those are all statutes, criminal statutes that are on the 
books.
    Do you think there is any application of any of those 
criminal statutes to the circumstances of the Biden Presidency 
and his incapacity and the failure of those persons, only 
persons authorized to question that incapacity under the 25th 
Amendment, the failure on their part to act?
    Mr. Wold. Senator, there very well could be. I mean, 
obviously, that would be a question for a prosecutor to take up 
in their discretion.
    I will say the 25th Amendment, it's a modern contrivance, 
but it still is consistent with American constitutional 
tradition, which it assumes that officers of the United States 
will act virtuously and morally. And the idea that members of 
the cabinet would go to the length of avoiding the Oval Office 
so as to abdicate their responsibility to verify the 
appropriateness of the President's acuity or the ability to 
authenticate actions taken by the President, if that's not a 
constitutional scandal, I mean, honestly, I don't know what 
would constitute such.
    So yes, I mean, I think there could be the potential for 
crimes, but moreover, the 25th Amendment can only function in 
its procedural mechanisms if people are actually willing to 
call a spade a spade.
    Senator Schmitt. Senator Britt.
    Senator Britt. Thank you, and I really appreciate Senator 
Cornyn, Senator Schmitt calling this hearing. This is 
incredibly important. I mean, you look at what the 
administration did, you look at what the Democratic Party did, 
you look at what the legacy media did. It is absolutely 
inexcusable. It is not only dangerous, it is disgusting. And 
the American people deserve better.
    And the fact that we have none of my Democratic colleagues 
over here, that this entire dais is empty, that what they 
allowed to happen, that they are not interested in correcting 
it for the future is absolutely mind-blowing.
    And so when we are looking at what Joe Biden did while he 
was in office, you have a disastrous withdrawal from 
Afghanistan. I mean, leaving equipment, leaving allies, 
changing the way the world viewed us. You look at an emboldened 
Russia, Iran. You look at what happened, obviously, with China 
and those conversations with Joe Biden. You look at millions 
flooding across our border. You look at a ton of unaccompanied 
children coming across, hundreds of thousands. You look at 
hundreds of thousands of Americans dead because of fentanyl 
poisoning. You look at record high inflation. Who was in 
charge? And the fact that not one Democrat colleague can show 
up and try to get answers to that, I hope the American people 
see that for exactly what it is.
    And so my question to you is, how do we prevent this in the 
future?
    So we know that the 25th Amendment in the 1960's, we take a 
look at that. Section 4 was purposefully vague to allow for 
some flexibility. Clearly, it either didn't work, or we have 
some people we need to hold accountable for not stepping up.
    So I want to know from you all, what do we need to do? Do 
you think that there need to be more guardrails when it comes 
to Section 4? Do you think that we need some more standards to 
evaluate that? And if so, what should those standards be? And 
Professor Harrison, I would like to start with you.
    Professor Harrison. Senator, this is the question about 
further implementation of the Section 4 is one that has not 
received a lot of attention because, fortunately, the country 
has not needed it very often. I think that this is a situation 
in which Congress' power is pretty limited because the 
Constitution by design put a somewhat vague but nevertheless 
meaningful concept----
    Senator Britt. Well, I think it----
    Professor Harrison [continuing]. Which is ability on the 
part of the President to act----
    Senator Britt. Right, and it also means good faith.
    Professor Harrison [continuing]. In the hands of political 
process. That's the lesson I'll say.
    Senator Britt. Yes, and good faith.
    Professor Harrison. Yes.
    Senator Britt. And I don't think----
    Professor Harrison. Yes.
    Senator Britt. Obviously, we don't have that here.
    Mr. Wold, do you have any opinion on that?
    Mr. Wold. Yes, Senator. So you said, should we hold folks 
accountable, and should there be some reforms?
    Senator Britt. Yes.
    Mr. Wold. The answer would be both----
    Senator Britt. Right.
    Mr. Wold [continuing]. Yes, to--so, you know, your 
colleague on the Democrat side who did attend, Senator Welch 
said, hey, this is just kind of retrospective. We need to move 
on. I would strenuously disagree with that. There's--the only 
ability to move forward is if there's an accounting of what was 
undertaken under the Biden staff, the Biden personnel, the 
bureaucrats, and the cabinet.
    And one thing I'll just say is this very issue was debated 
by Republicans in 1988 in the Miller Commission Report at the 
University of Virginia. Republicans had the--you know, the open 
and honest, transparent discussion about the end of the Reagan 
Presidency and whether or not there were other guardrails that 
needed to be imposed on the 25th Amendment. Some discussions 
were about the inclusion of a mental health professional on the 
White House medical team, whether the surgeon general should 
oversee the inclusion of medical reporting as part of Section 
4, Clause 4 of the 25th Amendment.
    All I'll say is all of those things have been set aside. 
There has been no legitimate discussion in the years since 
about how to make the 25th Amendment more robust and how it 
could actually operate in the instance that the President 
lacked capacity.
    Senator Britt. Right, and do we need to more clearly define 
what ``unable'' means in the 25th Amendment?
    Mr. Wold. Oh, I think most certainly, and I think there 
should be--look, you know, the other issue, and a number of 
legal academics, you know, former colleagues of Professor 
Harrison, have taken this up over the years. I mean, Professor 
Calabresi wrote about this 20 years ago, that there needs to be 
a more precise definition. And there are lots of issues related 
to succession.
    Senator Britt. Well, there clearly does because, I mean, 
even from all of us from the outside, we are saying there is a 
problem. And the fact that we could get no one on the inside to 
actually take a look at what they already knew to exist and 
then be able to hold them accountable, we have to have other 
guardrails moving forward, and that is absolute. So we need to 
be talking today about what those guardrails are.
    I have a question. I am running out of time. It is two 
things. One, senior staff. So I have been a senior staff 
member. You take an oath when you get to come and work in this 
body. You know, you want to make sure you are doing what is 
best for the United States of America, for the State you serve, 
all of the things. Is there any way to hold senior staff 
accountable for either helping to cover up and/or moving people 
to the side? Because it is clear that there are people within 
this administration that saw that, and they should be sitting 
in front of us today, answering the question of why they turned 
their back on America because that is exactly what they did. 
And so whether it is secretaries, whether it is people in the 
administration, or whether it is senior staff, we deserve some 
accountability and we deserve some answers.
    And then my last question will be for Mr. Spicer. Legacy 
media, how in the world do we hold them accountable? If all of 
us on the outside can see it, and we are saying get to the 
bottom of this, but yet they refuse, what mechanism should we 
put in place to be able to hold them accountable for not 
actually following what is clearly in front of them?
    Mr. Spicer. Senator, you're asking the right question. When 
it comes to accountability, it can't be overstated. When the 
Biden White House stripped 440 White House hard passes from 
independent journalism--journalists, they were attempting to 
control the narrative, to make sure that no one who wanted to 
hold them accountable was silenced.
    Part of what I think this administration has done so well 
is bringing in new voices, people from disparate backgrounds of 
all sorts to ask the White House Press Secretary, to ask the 
senior staff, and to be able to hold them accountable. Part of 
it is allowing other voices in the media. We've seen what the 
legacy media did, but that's why I think the growth of 
independent media is so healthy for our democracy, and we need 
more of it, not less.
    Senator Britt. Thank you, and then the senior staff 
question, please.
    Mr. Wold. Yes, look, Senator, I mean, senior staff from the 
first Trump administration were brought in before Committees 
and investigated for their participation in drafting the 
President's remarks on January 6, for drafting a speech. So if 
there was an effort by senior staff, the politburo, as they 
seem to like to have called themselves, if they were purposely 
distancing cabinet members, evading difficult Q&A with press, 
all as an attempt to conceal the President's mental acuity, 
yes, they should be held accountable.
    Senator Britt. Thank you.
    Senator Schmitt. Thank you. Senator Moody.
    Senator Moody. Thank you, Senator Cornyn, Senator Schmitt. 
I appreciate you holding this important hearing. And certainly, 
I appreciated my colleague, Senator Britt's remarks in listing 
out so many of the failures of the last administration as they 
played out. I think Americans, yes, sat horrified as they 
watched these events unfold, but at the core of those failures 
were bad policy decisions.
    And the truth is, you know, people talk a lot about the end 
of the Biden administration and his debate performance, but 
those of us that were involved of the repercussion and the 
consequences of some really bad, irresponsible, reckless, I 
would say dangerous policies, and were involved from day one of 
the Biden administration, we started questioning immediately 
who was making these decisions because they were so disastrous 
for the security of this Nation and the safety of our people. 
So I would say from day one of the Presidency through all 4 
years, this was a legitimate question. And every single failure 
that Senator Britt listed was the consequence of a policy 
decision.
    When I was the Florida Attorney General, one of the very 
first executive actions that came out undid both Republican and 
Democrat Presidential precedence of saying, if someone is here 
in our country and they are here illegally, and they are 
committing serious felonies, we are deporting them. And actual 
priorities were that those were the ones they went after first. 
And one of the very first actions that came out of that White 
House was they abandoned that, that both Democrats and 
Republican Presidents had enforced and released to all law 
enforcement around the Nation that they were no longer going to 
make that a priority.
    When sheriffs were calling and pleading with us to take 
these people from their jails and not make them release them 
back into the communities, we would try and communicate this, 
but indeed, they were canceling detainers and releasing these 
people into the communities. They were taking people that were 
brought here from other countries, brought here only to 
prosecute because they were a danger to our Nation and our 
people. And instead of deporting them after their prison 
sentences, they were pushing them into the United States.
    And I don't think it should be lost on anyone that just 
yesterday it came out. You know how many the Trump 
administration pushed into our interior in the last 4 months? 
Zero. And I want you to compare that to a month of the Biden 
administration where hundreds of thousands of people barely 
vetted, if vetted, were forced into our Nation's interior.
    And you have seen these consequences play out. It is not 
just rape victims, murder victims, robbery victims. We have 
caught people here from foreign nations that are on the 
terrorist watchlist that can cause some of our Nation's biggest 
tragedies and devastation. That is the undermining of what a 
Commander-in-Chief is supposed to do in those policies. We saw 
it day one, and that is just one example. And it played out for 
4 years.
    So I think one of the reasons that you see not one Democrat 
in this hearing room right now asking these questions is 
because how do you defend the indefensible? What are they going 
to say? I mean, there has never been a more reckless, negligent 
administration that I can remember in my lifetime. And as 
Attorney General, as the wife of a law enforcement officer, as 
a Federal prosecutor, as a judge, I sat horrified that that was 
the person that was in charge of our safety, our Commander-in-
Chief, in charge of our borders.
    And I know, Mr. Wold, you have talked about the danger in 
executive actions being pushed out when somebody is not in 
charge that understands how it is affecting the safety of this 
Nation. I am sure based on your prior experience and some of 
the things that you saw being pushed out, I often thought, this 
is a radical aide's dream. You have a Commander-in-Chief 
probably not able to pay attention, and they are pushing out 
policies left and right. Tell me in your experience if you 
noticed anything where that could be the case coming out of 
that administration.
    Mr. Wold. Yes, thank you, Senator. I mean, I think on the 
immigration score itself, so many of those sort of special 
powers exercised by President Biden on parole, on temporary 
protected status, they require the President to do those in his 
own name, correct? It's a case-by-case evaluation performed by 
the Chief Executive. And so I think in reviewing some of those, 
when I was sitting on the sidelines, the question I had was, 
well, what does the paper process look like for that? How did 
DHS work that up? How did it go through the staff secretary's 
office? And what was the President briefed on as far as the 
policy considerations tied to some of these decisions to bring 
in violent criminals from Haiti or Nicaragua into the interior 
of the United States?
    Senator Moody. And did it concern you when you learned, and 
we are now uncovering, that cabinet officials were kept from 
meeting with the President for months at a time?
    Mr. Wold. Look, I mean, if you go back through our history, 
Senator, so Grover Cleveland, Wilson, FDR, JFK, President 
Johnson, President Biden, it's almost a Democrat sport to keep 
from the American people the health and acuity of the Chief 
Executive. They've been doing this for a long time. But this is 
of another level, especially as Mr. Spicer was mentioning, the 
complicity of the national media in obscuring this, but also 
that cabinet officers would go to the lengths of avoiding 
interacting with the Chief Executive because they were fearful 
that they would have to speak to his diminished capacity.
    Senator Moody. And I am running out of time, and it was of 
particular concern that the media seemed to never ask him about 
executive actions and policy. Favorite flavor of ice cream, 
yes. Why he was pushing dangerous criminals into the interior 
of this Nation, no. And that is why I think this hearing was so 
very important. What was coming out of this administration was 
a radical wish list. And certainly you can see what has 
happened to the consequences playing out right now. And now I 
think we are all seeing why.
    Senator Schmitt. Thank you. Senator Blackburn.
    Senator Blackburn. Thank you, Mr. Chairman.
    And I am so pleased to join my colleague from Florida in 
saying it is time that we have this hearing. All across 
Tennessee, I hear from people every single week that say, what 
was really going on in the White House, and why would no one 
say anything when, with your very own eyes, you could look at 
any of the footage and see what was transpiring with President 
Biden. And I think the fact that many of his own cabinet 
members knew that he was not fit to serve and that there was a 
cabal behind the curtain who was making all the decisions, it 
is so offensive to the American people.
    And it is not something that is a partisan issue. As I 
talked with the Democrats, many of them have lost faith in what 
they thought was going to be a very moderate Joe Biden 
administration. And it turned into be the far-left Bernie 
Sanders version of the Democrat Party that was using the 
autopen and making decisions and committing our great Nation to 
policies that the American people did not support and would 
never have supported.
    And I fully believe that because of that overreach and that 
flippant attitude that much of his staff had toward the 
policies of this Nation to people in the administration that 
chuckled about tossing gold bars off the Titanic. They knew 
they were going down. They knew they were going to be found 
out. And they probably knew at some point there would be a 
hearing like today and the other side of the dais would be 
completely empty because no one can defend what they did.
    Mr. Wold, I want to come to you for a moment and talk about 
something that was really a disturbing revelation from the 
Tapper-Thompson book. And you know, this is part of the thing. 
Now we are finding out the media was all a part of the joke. 
They were part of the ruse. They were part of the fraud that 
was pushed forward. A Biden staffer told the authors that Biden 
just had to win, and then he could disappear for 4 years. That 
is all they needed to do. And you know, it is, the following 
statement was, he would only have to show proof of life every 
once in a while.
    And as I had a Tennessean say to me when they had actually 
downloaded this book and read it, and then they said, you know, 
how stupid do they think we are? And the disrespect this 
administration showed to the American people. Why is it that 
the American people appreciate that President Trump goes out 
nearly every day is taking questions and answering questions is 
because they have now found out that these staffers were 
willing to do undemocratic things, using their term to keep the 
President in office, to keep Biden there. They were willing to 
do undemocratic things, unlawful things.
    So Mr. Wold, let's talk about that behavior and how that 
undermines the faith of Tennesseans and all Americans in our 
public institutions because they could see what was happening, 
but they were being lied to, lied to by people in the White 
House who were probably then running in their office and 
saying, well, we pulled it off another day.
    Mr. Wold. Yes, Senator, I mean, this is a theme you've 
talked about for many years, which is the executive branch is 
enormous. I mean, there are close to 1,000 employees in the 
executive office of the President. There are nearly 4 million 
full-time Federal employees throughout the 14 departments that 
the President oversees.
    Executive power, as accountable to the people of this 
country, really manifests in two ways: the power of the 
President to remove bureaucrats and to fire them and to affix 
his signature to official actions that he undertakes. So when 
our--you know, the Washington establishment says something to 
the effect of, well, democracy dies in darkness, yes, it does, 
when there are staffers, the media, cabinet officials, senior 
advisors to the President who all create a covering sort of a 
shroud of darkness that obscures who is actually making the 
decisions.
    And one other thing I'll just say very quickly, a number of 
your colleagues on the Democrat side have said, well, there is 
an OLC opinion here. We don't need to talk anymore. There is an 
OLC opinion. It says you can use the autopen. That opening--the 
opening paragraph of that OLC opinion says you can use the 
autopen but only when the President directs that you do so 
under his decisionmaking power, right? It is very clear again 
and again that the President actually has to make the decision. 
That cannot be delegated to a staffer or an advisor. And 
there's no indication here that anyone other than staff were 
making these decisions.
    Senator Blackburn. Thank you, Mr. Chairman.
    Senator Schmitt. Thank you. Senator Hawley.
    Senator Hawley. Thank you, Mr. Chairman. Thanks to all the 
witnesses for being here.
    You know, the visual, sometimes it really is true. A 
picture speaks louder than words. It is worth a thousand words. 
And here, all you have to do is look over at this side of the 
dais to see that the stone wall continues. I mean, from the 
party that lied to this Nation for 4 years, let's just take a 
look at some of the things that our colleagues said on the 
Democrat side when their own Justice Department was concluding 
that Joe Biden, who let's not forget, illegally took classified 
documents, illegally took classified documents and kept them in 
his garage, in his freezer, I mean, Lord knows where. He 
certainly didn't know. Their own Justice Department interviewed 
the guy and concluded he could not form the requisite mental 
state to stand trial. He did not have the mental ability to 
stand trial.
    [Poster is displayed.]
    And what did our Democrat colleagues say? Vice President 
Harris says, oh, no, no. The way that the Hur report 
characterized the President is so wrong. The President's 
demeanor is totally fine. Senator Smith, what the Hur said 
about the President not remembering his son's death, so unfair. 
Senator Kaine said this is grandstanding. Senator Fetterman 
said it is just cheap shots. You had other Senators saying--
Senator Ossoff in February 2024--2024--saying, ``I found the 
President to be sharp, focused, impressive, formidable, and 
effective.'' In June 2024, Congressman Jeffries insist Biden 
was ``incredibly strong, forceful, and decisive.''
    Where are they now? They don't want to answer for any of 
those quotes now. They lied to us for 4 years, and we know they 
lied. They know they lied. It is why they are not here. They 
don't want to answer a single question. They can't bear to show 
their faces in public. And you know what? It is right that they 
can't do that because the bill of goods they sold this country, 
they walked this country right into one of the greatest 
constitutional crises of our history, of our history. And now 
they are afraid to even show up to admit it. These are people 
and this is a party that cannot be trusted with power, that 
cannot be trusted to tell the truth, the most basic truth.
    They all changed their tunes after Joe Biden debated 
President Trump, and the whole world could see he couldn't even 
form a sentence, that running this guy for President again is a 
form of elder abuse. My, how they changed their tunes after 
that. Now they can't even show up in public to talk about it. 
This is embarrassing. But worse than that, it's dangerous. It 
is dangerous for this country.
    Mr. Wold, I want to pick on something you just said a 
second ago about the OLC and their opinion as to when an 
autopen can be used. To be clear about this, autopen means not 
signed by the person. Autopen is basically push of a button and 
it gets signed. OLC says only when the President specifically 
directs it, and it is under his direct authority. Do I 
basically have that right?
    Mr. Wold. That's correct, Senator.
    Senator Hawley. So based on the facts we know, did that 
happen in this case with all of the pardons and clemencies and 
other giveaways that Joe Biden signed?
    Mr. Wold. Assuming that the Biden White House complied with 
sort of traditional practice of Presidential administrations 
and that there was recordkeeping either from the staff 
secretary or others, there should be records to indicate either 
through covering memorandum or briefing books where the 
President would have signed his signature authorizing this 
decision, none of that has come forward. That would be very 
easy to dispel some of these concerns.
    And I think what we're seeing here is really the autopen is 
best understood as a sort of a tool of executive convenience.
    Senator Hawley. Hold on a second. I would just want to--you 
just said something very important. I want to emphasize that. 
So what you are saying is is that there should be--for every 
time that Biden authorized the autopen, there should be a 
record of that, and he should have had to have registered his 
personal consent to using the autopen. Is that basically 
correct?
    Mr. Wold. I think to put it another way, I would say in the 
policy paper flow to the Oval Office, there should be a record 
of what documents are presented to the President when and when 
he gave his assent to the actions that are listed in those 
documents, whether it's a judicial nomination or it's a 
statutory----
    Senator Hawley. Okay.
    Mr. Wold [continuing]. Response to Congress.
    Senator Hawley. Well, I think the answer is we need to get 
those documents. And I just say to our friends in the media 
over here, you guys need to be asking for those documents, and 
we need to be asking for them, Mr. Chairman. We need to see 
those documents. And the President, the former President now 
can certainly choose to release them. I am sure they are part 
of his personal papers. Right, Mr. Wold?
    Mr. Wold. That's correct. And the first place to start 
would be the staff secretary's office under President Biden.
    Senator Hawley. So here is the trail. If you want to know, 
if you want an answer to the question, did Joe Biden actually 
assent to the use of the autopen--and you think of all the 
people he pardoned, he granted clemency to, murderers, drug 
dealers, child rapists. Let's find out, did he actually 
authorize it? There should be a record of it is what we have 
learned today. Thank you for that testimony, Mr. Wold. There 
should be a record of it.
    So this is a binary question. It is not, oh, we don't know. 
Gee, it is hard to say. No, actually we can find out. So I, 
right now, today, I call on President Biden, former President 
Biden and his staff, release the documents. You have them, you 
know you have them, release them. If what you did is legal and 
if you are really not embarrassed about it and you think it was 
totally constitutional, release the paper flow. Show us the 
documents where the President authorized the use of the pen for 
every single pardon and clemency and stay application. Let's 
see it. Let's see all of it.
    And if you won't do it, we should subpoena those documents, 
and we should find out the truth of who was really running the 
White House because I think we can see it was not Joe Biden.
    Thank you all for being here today. Mr. Wold, thanks for 
your testimony.
    Senator Schmitt. Senator Kennedy.
    Senator Kennedy. Thank you, Mr. Chairman.
    Gentlemen, I want to try to separate policy and politics 
for a second. I know it is hard to do around this place, but I 
thought Senator Cornyn made a very good point in his opening 
remarks. I think Senator Smith made the same point that the 
policy here is very important. And I want to ask you your 
opinion on the policy. Professor, tell me briefly, I know you 
came to talk about autopens, but tell me briefly about the 25th 
Amendment.
    Professor Harrison. Senator, the 25th Amendment provides 
the process by which to implement a principle that's in the 
original constitution, which is when the President is unable to 
exercise power at the powers and duties of the Presidency, 
somebody else exercises them starting with the Vice President. 
And the 25th Amendment sets up a process by which if there's a 
question whether the President is able to do that, the Vice 
President and the heads of the executive departments can 
temporarily basically put the Vice President in as acting 
President, and then Congress ultimately decides the question.
    Senator Kennedy. Well, the standard--is it not, Professor, 
the standard is disability of the President. Is that correct?
    Professor Harrison. Unable to exercise the powers and 
duties.
    Senator Kennedy. Okay.
    Professor Harrison. Yes.
    Senator Kennedy. Here is what I would like your opinion on 
and the opinion of these two gentlemen here. You have all been 
staffers. You have worked in government. You have had a boss. 
In Mr. Spicer's case, his boss was the President of the United 
States. Let's suppose the President--using your experience as a 
staffer. You were working for the President, any President, 
hypothetically, a President. And let's suppose the President 
started talking like he was from outer space. Let's suppose the 
President became fatigued very easily. He couldn't finish a 
sentence without taking a nap. Let's suppose the President, I 
mean, if he was just physically in bad shape, mentally and 
physically. Mentally, he may or may not have--you are not a 
doctor--neurodegenerative disease, but physically, you can 
see--you could bake a Thanksgiving turkey in the time it takes 
him to walk across the stage.
    What is as a member of his staff, what do you think is your 
moral obligation to say, wait a minute, the President can't do 
the job anymore? I know you are loyal folks. You believe in 
your President, this President, whichever President, I am 
speaking hypothetically. You are loyal, you want to be a good 
staffer, but you also have a moral obligation. How do you reach 
that decision, Professor? And I will go to each of you.
    Professor Harrison. Senator, I think the first thing you 
would have to do in a situation like that is exercise your own 
judgment. Is this--how serious is this problem? Because 
everybody has moments when they lose focus. It happens. But if 
somebody thinks this is a really serious problem, I think the 
first thing to do is the most difficult, which is to say to the 
President--because the 25th Amendment also provides that the 
President can say, I am unable to exercise the powers and 
duties of my office.
    Senator Kennedy. And suppose the President says----
    Professor Harrison. That would be extremely difficult, but 
I think it should be done.
    Senator Kennedy [continuing]. Look, trust me, I can. And it 
is clear to you that he has neurodegenerative disease and he 
can't. What do you do? Do you have a moral obligation as a 
staff member to go to the American people and say, we have got 
a problem here, it may cost me my career?
    Professor Harrison. Senator, I think at that point, you 
have an obligation to talk to the Vice President who is in 
charge of the Section 4 process under the 25th Amendment.
    Senator Kennedy. What about you, Mr. Wold? You have a moral 
obligation. I understand you want it to go away, you want to 
work it out within, but you can't. When does a staffer have a 
moral obligation to stand up and say he can't be President 
anymore, or she can't be?
    Mr. Wold. Well, Senator, the 25th Amendment only works if 
individual staffers or officers of the United States exercise 
that kind of moral judgment so----
    Senator Kennedy. That is what I am asking you.
    Mr. Wold. Yes, so, I mean, I think always, as the professor 
said, and the Presidency is an enormous burden, so it would be 
not one instance, it would have to be several instances of a 
failure to exercise judgment.
    Senator Kennedy. How do you make that decision? You are the 
staffer, I get it.
    Mr. Wold. Yes, well, I think it begins with prayer, of 
course, but after that, I think it's conversation with other 
staffers. And if you're unable to confront the President or to 
raise the issue with the Vice President, you should resign.
    Senator Kennedy. What about you, Mr. Spicer? Do you stand 
up and do it and tell the truth and run, or do you have a 
greater obligation to your boss?
    Mr. Spicer. Well, luckily, I didn't have that problem. But 
I would say that you have a moral obligation as an American, as 
a citizen, as a human being. If the leader of the free world 
cannot conduct themselves to make the decisions that are 
critical to this country and to the world, you absolutely have 
a moral obligation to follow the chain of command. And if they 
don't act, then you must.
    Senator Kennedy. Do either of you gentlemen disagree with 
that? Professor?
    Professor Harrison. Senator, I think acting means talking 
to the people who have the responsibility or are in a position 
under the Constitution to do something with the situation.
    Senator Kennedy. You don't agree with Mr. Spicer?
    Professor Harrison. I'm not--Senator, I'm not sure exactly 
what he has in mind, other than talking about the--talking to 
the people who can make the decision.
    Senator Kennedy. Well, I am just trying to ask, you have 
all been staffers. Suppose you go to everybody you are supposed 
to go to, and they all say, my advice to you is to shut up. Do 
you have a moral obligation as a staffer to say, look, this 
person can't be President of the United States. It isn't 
policy. He physically can't do it.
    Mr. Spicer. Senator Kennedy, I'll--it's not a question of 
whether a staffer has that obligation. It's whether you, as an 
American, have that obligation. And I think each and every one 
of us does.
    Senator Kennedy. Yes, but you can see it. An American 
can't. Professor, what do you think?
    Professor Harrison. Senator, I think there are situations 
under which someone in that position should speak publicly, but 
I also think that the views of a single individual who is not 
the person who is constitutionally responsible for taking 
measures should be considered by the public as just the views 
of a certain--of a--of one individual who has some information 
about the subject.
    Senator Kennedy. Thank you, Mr. Chairman.
    Senator Schmitt. Thank you. Senator Tillis.
    Senator Tillis. Thank you, Mr. Chairman.
    Gentlemen, thank you for being here. Actually, the fact 
that this is in the past kind of reminds me of that scene in 
Lion King where Rafiki the mandrill hits Simba on the head and 
said, doesn't matter, it is in the past. You know, I could see 
where my Democrat colleagues would like to use that argument, 
but it mattered.
    And, you know, for me, I met President Biden as Vice 
President Biden when I was sworn in. He literally swore me in 
in 2015. And I have had several interactions with him over the 
years. There is no question that there was a significant 
degradation in his cognitive abilities. Probably the last time 
I spent much time with him was at a NATO summit.
    And I do think there are a lot of legitimate questions to 
be asked about, know, who may have been tending the store, and 
I believe we should get to the bottom of it, but I want to look 
to the future. And back when this discussion was going on, I 
was suggesting--we know what the 25th Amendment does. 
Professor, I am kind of curious about why--and with due respect 
to my colleague from Louisiana, this is a hell of a burden to 
place on a staff. You know, Mr. Spicer, you have been in the 
White House. Can you imagine how heavy that would be and how 
unlikely it would be for you to be successful as an individual 
staff member?
    But Professor Harrison, I am thinking more along the lines 
of what you see in boardrooms all the time about annual 
evaluations of the CEO or board members. What about the concept 
of something short of triggering the 25th Amendment where the 
cabinet members, hand-selected members of the President, 
confirmed by the Senate, maybe on an annual basis, have to have 
an attestation, that based on their work with the President of 
the United States, that he is mentally capable, fit, the same 
way that we have boards make those decisions about board 
directors and CEOs?
    What would be wrong with some sort of a report or 
attestation to Congress from the cabinet members saying this 
man or woman is good to go, and it would be, you know, perjury 
to Congress if they ended up covering up and history proved 
that? What is wrong with something like that as we are looking 
forward?
    Professor Harrison. Senator, I would be--and maybe I am 
sort of being unduly protective of the independence of the 
other two branches, but I----
    Senator Tillis. Well, that is sort of why I want to leave 
it in the--that is why I want to--all I want is the cabinet to 
truthfully attest to the fact that their boss is of sound mind 
and body, and unless they lie, it is not an issue.
    Professor Harrison. Senator, I----
    Senator Tillis. It is an Article II responsibility to 
report to Congress like so many other things. What is wrong 
with that?
    Professor Harrison. I think it would be a very good idea 
for the President to create a process like that. My concern is 
the thought of Congress making such a process mandatory, 
especially in light----
    Senator Tillis. Well, I am trying to figure out the 
consequence because, arguably--I find it hard to believe that 
there were members of the cabinet that didn't go, you know 
what, we love this guy, he appointed us to this position, but 
he is missing a step. And they are refusing to--this is not 
about any one person. This is about 340 million people in this 
country. No one of us should think that we should somehow be 
given a break if we are missing a step. So all I am saying is 
you got to report honestly to Congress that the President of 
the United States, in your opinion, is absolutely demonstrated 
sound mind and body. It is like no other testimony. It would be 
no different than us having them before the Committee and say, 
is the boss okay? And if they lied, they would be perjuring 
themselves. So what is the difference between that and some 
sort of a pro forma report that I would be willing to subject 
the current President to, and then we would have it for all the 
future Presidents? What would be wrong with that?
    Professor Harrison. Senator, again, I think the problem 
there is the Constitution has created a process for that, and 
that's the 25th Amendment. And that suggests that Congress 
can't create another process.
    Now, I do think that the point you're making today is part 
of the political process that might lead Presidents to create a 
system like that on their own, which might enhance the people's 
confidence that they're okay.
    Senator Tillis. I am about to run out of time.
    Mr. Spicer, what do you think?
    Mr. Spicer. Senator, the President normally goes under a 
routine physical every year. In the case of President Biden, it 
was Dr. O'Connor who affirmatively stated his fitness for 
office. The doctor is probably the most competent person to 
attest to the President's fitness for office. The doctor should 
be held accountable for stating in the affirmative that 
President Biden was fit for office.
    Senator Tillis. Thank you. Thank you, Mr. Chair.
    Senator Schmitt. Thank you. Senator Cruz.
    Senator Cruz. Thank you, Mr. Chairman.
    The Biden administration may go down in history as the most 
brazen constitutional fraud in American history, a Potemkin 
Presidency fronted by a failing puppet with staffers behind the 
scenes pulling the strings.
    This is not political hyperbole. The American people saw it 
with their own eyes during the June 2024 debate. Numerous times 
Biden stood frozen behind the podium, mouth agape, eyes frozen 
and unblinking. When he did speak, his words were confused and 
disjointed. I said that night, this is the most consequential 
Presidential debate in history because it will result in one of 
the two candidates being removed from the ballot. That was 
exactly right.
    And following that debate, the Democrats recognized the 
collapse. They pulled out their knives and took out President 
Biden like Caesar on the Ides of March. For all of their 
strutting about, protesting that they support democracy, not a 
one of them gave a damn about democracy when they pulled Biden 
off the ballot and dropped Kamala Harris in without a single 
Democrat primary voter voting for him. And you know what? Not a 
single Democrat is here today because not a single one of them 
gives a damn about the fact that they lied to the American 
people for 4 years.
    They knew. Every one of them knew that Joe Biden was 
mentally not competent to do the job. The White House press 
secretary, she knew when she stood in front of the American 
people and lied over and over and over again. And they are not 
here because they can't defend themselves.
    It wasn't a surprise. For 4 years, the White House hid 
President Biden from Republican Senators, would not let him 
meet with us. He served 4 years in this body. We all know him. 
And they deliberately lied. And by the way, Jake Tapper had a 
bombshell book exposing the incredible scandal that Biden's 
mental decline was covered up by Jake Tapper. There is a 
Yiddish word, chutzpah. And that truly is chutzpah. How dare we 
lie and cover up what we all knew?
    Now, I have been asked literally a thousand times by 
Texans, who was running the country? And I am going to give you 
the most terrifying answer. I don't know. I genuinely don't 
know. And not a single Democrat here cares.
    The most telling proof of Biden's decline came with the 
signature of the President, the symbol of executive authority 
that was outsourced to a machine.
    Mr. Wold, you are a lawyer who served in the White House 
Counsel's Office. You understand the gravity of Presidential 
action. Does the President's signature carry legal and 
constitutional weight under Article II?
    Mr. Wold. Yes.
    Senator Cruz. Is the act of signing an Executive Order or 
signing a law or granting a pardon a delegable duty of the 
President?
    Mr. Wold. So in that opinion in 2005 from OLC, they said 
essentially that an autopen could be used by a subordinate, but 
the President's determination as to sign the document can never 
be delegated.
    Senator Cruz. Can that authority be transferred to a 
staffer or machine without the President's explicit 
authorization?
    Mr. Wold. Never.
    Senator Cruz. And if you look at the statistics, the 
statistics are stunning. In 2021, President Biden issued 78 
Executive Orders. None were signed with an autopen. That first 
year of the Presidency, Biden, I suppose, was relatively lucid, 
and 78 Executive Orders he signed by hand. The second year, 
however, we see the autopen emerge. The first autopen Executive 
Order was issued on July 15, 2022. After that day, 100 percent 
of the Executive Orders issued in 2022 were signed by an 
autopen. In 2023, Biden issued 24 Executive Orders; 16 were 
autopenned. In 2024, Biden issued 19; 14 were autopenned. In 
2025, Biden issued 14 Executive Orders. Every single one was 
autopenned.
    Mr. Wold, let me ask you as a legal matter, if there is a 
law that has passed both houses of Congress and it goes to the 
White House and a staffer autopens signing that law without the 
President's authorization, is that law legally passed and 
signed into law?
    Mr. Wold. No.
    Senator Cruz. If an Executive Order is issued and a staffer 
autopens it without the President's authorization, is that 
Executive Order legally binding?
    Mr. Wold. No.
    Senator Cruz. And if a pardon is issued from the President 
of the United States and a staffer autopens it without the 
President's authorization, is that pardon legally binding?
    Mr. Wold. No.
    Senator Cruz. Under the Biden White House, the ceremonial 
song ``Hail to the Chief'' was effectively replaced with ``Hail 
to the Pen,'' and it was an outright assault on democracy. And 
every reporter covering this ought to ask, why doesn't a 
Democrat care?
    We heard about the moral responsibilities of a staffer. How 
about an elected Senator who knows damn well that if we get 
into a war and Iran is preparing to fire a nuclear weapon at 
the United States, that the Commander-in-Chief is busy playing 
with his jello and is not competent to defend ourselves. And 
every member of the cabinet, the chief of staff, the press 
secretary, and the Members of Congress who lied about this on a 
daily basis with the press's complicity, they are all 
responsible for subverting democracy.
    Senator Schmitt. Senator Cornyn.
    Senator Cornyn. Professor Harrison, we have talked about 
the mechanics of the 25th Amendment whereby an incapacitated 
President would be removed. But it strikes me that, ultimately, 
it happened, albeit not before the end of President Biden's 
full term. What we saw happen after the disastrous debate in 
the summer of 2024 is basically an exercise of the powers of 
the 25th Amendment by the political elites and the Democratic 
Party to get President Biden not to run again and to substitute 
Kamala Harris for him as the Democratic nominee for President.
    So, Mr. Spicer, maybe the mechanics were a little bit 
different. Maybe the timing was not the same, but doesn't that 
demonstrate the capacity of the leadership of the Democratic 
Party, of the Biden family, of the senior staff in the 
President's administration to be able to convince the President 
that he no longer was capable of serving and needed to step 
down?
    Mr. Spicer. Senator, the left and their friends in the 
media like to throw around terms like threats to democracy, 
constitutional crisis. And if we don't have confidence in the 
leader of the free world making decisions, that truly is the 
definition of a constitutional crisis and a threat to 
democracy. So for all these folks to stand up here and use 
those phrases over and over again and then not have the desire 
to show up, to understand what's happening, to stand up at the 
time, as we discussed earlier, whether it was a staffer or a 
cabinet member, to literally avoid going to the Oval Office 
and, in the case of the media, to avoid the questions that were 
so clearly obvious to the rest of America, shows that they were 
more concerned with power and preserving that power and an 
agenda than they were at really caring about the Constitution 
and democracy.
    Senator Cornyn. I agree that that is the clear conclusion. 
And obviously, they decided to do it only at such a time as 
that ability to wield power was coming to an end. If in fact, 
President Biden had remained the nominee of the Democratic 
Party and then ran against and lost to President Trump, these 
folks would be out of luck and out of power, so they decided to 
act under that circumstance.
    Mr. Spicer. Senator, you look at a lot of these decisions, 
and it was pretty clear that there was a handful of folks at 
the top of the Biden administration and Biden White House that 
had been around him for decades where all of that information 
funneled. So I mentioned before, there are approximately 20, 25 
senior White House staffers that have the rank of assistant to 
the President. Those are the highest White House staffers. I 
would bet that only a handful of them ever interacted with 
President Biden on a daily basis. The rest of them had their 
communications funneled through other people.
    If the press secretary, the communications director, whose 
job it is to speak on behalf of the principal in lieu of them 
being able to talk or communicate don't have access to those 
individuals at the senior most level, then what good are they?
    And I would argue that while many times we heard people in 
the press and on the left accused the Trump White House of 
``lying,'' for them to go out there and talk about the 
President's stance on issues, what President Biden thought or 
didn't think on a personnel issue or policy issue, when in fact 
they had never spoken to him, is in fact the epitome of lying.
    Senator Cornyn. One of the most consequential actions or 
inactions of the Biden Presidency during 4 years was his 
failures to secure our southern border and to deal with the 
illegal immigration. I have in my hand examples of the Biden 
immigration proclamations and Executive Orders, and there are a 
lot of them, as you know. They also include things like 
granting temporary protected status to large populations of 
immigrants, particularly from countries in Central America, 
rescinding Trump administration policies when it came to 
enforcing our laws at the border, granting parole, which is 
essentially a permission slip to enter the country in a way 
that would otherwise be illegal.
    And Mr. Chairman, I would ask unanimous consent that this 
document be made part of the record as an example of the sort 
of consequential border security and immigration-related 
measures that President Biden purported to sign.
    Senator Schmitt. Without objection.
    [The information appears as a submission for the record.]
    Senator Cornyn. Mr. Wold, I do want to followup on a couple 
of things with you and Mr. Harrison and also Mr. Spicer. Under 
the Presidential Powers Act, we could have a special access 
request, correct, to the archivist to find out what assent was 
actually given by Joe Biden on the autopen. Is that your 
understanding?
    Mr. Wold. If they kept records, yes.
    Senator Cornyn. Right. Right. Well, I think that will be 
something we will be pursuing.
    Professor Harrison, I wanted to ask you, you know, sort of 
on the Article I branch's role--and I think I understand your 
concern when you say the President could do something, you are 
dealing with sort of a separation-of-powers issue is sort of 
what I am reading into that. So the Article I branch can 
impeach for high crimes and misdemeanors should the 
Constitution be amended, in your view, to deal with this 
incapacitation. So impeachment would be a vehicle beyond just 
the 25th Amendment, but impeachment would be a vehicle to deal 
with these issues.
    Professor Harrison. Senator, there is a longstanding 
question about whether impeachment is appropriate for 
inability. There has been questions right at the beginning of 
the republic about a couple of judges who were in very poor 
shape, not that they would committed crimes, they were 
impeached and removed, and there were doubts as to whether 
impeachment was appropriate for that because there was 
problem--their problem was age and inability.
    So you're absolutely right that there is a doubt right now 
whether the impeachment process--and it goes back a long, long 
way--whether the impeachment process is a way of doing--dealing 
with inability as opposed to misconduct. It's clearly primarily 
directed at misconduct, and I think that if Members of Congress 
are thinking about an additional constitutional amendment, and 
maybe they should be, they should think both about adapting the 
impeachment process to inability, which, as I say, right now 
it's not clear it's properly used in those situations, or 
creating yet some other political process to deal with 
Presidential inability if lawmakers think that the political 
process that is in Sections 3 and 4 of the 25th Amendment is 
inadequate.
    The last thing I'll say, just as a policy matter--and this 
is not speaking on the legal question--I do think it's 
important that any decision about Presidential inability remain 
something that's decided by politically accountable people, 
that it's treated as a political decision. It can't just be a 
technocratic decision.
    Senator Schmitt. Mr. Spicer, you have criticized the 
corporate media and legacy media folks for sort of lying down 
here or being complicit because of their, whether it is Trump 
derangement syndrome or whatever the reason was. Who 
specifically do you think gets a gold star for lying most 
profusely and just sort of continuing to cover this up over the 
years?
    Mr. Spicer. Sir, that would be like a photo finish. There 
would be a lot that would be probably right there at first 
place. They're all culpable. I mean, I read some of the 
headlines to the Committee earlier, The Washington Post, CNN, 
NBC, without evidence, to use their phrase, went after 
President Trump's physical and mental acuity and yet failed to 
ask similar questions of the White House press office publicly. 
They failed to cover the stories. I don't think that there's a 
winner. I think they're all losers.
    Senator Schmitt. Thank you. And then we will sort of wrap 
up here with Professor Harrison and Mr. Wold. So moving 
forward, we mentioned maybe possibly amending the Constitution 
or further exploring whether incapacitation is an impeachable--
you know, if impeachment is a remedy. What other, in your 
experience, what other things moving forward could be done to 
make sure that this scenario that we saw play out over the last 
4 years never happens again?
    Professor Harrison. Senator, I think the most important 
thing that can be done is something you're doing right now, 
which is draw public attention to this problem, and so give 
Presidents an incentive to take steps that will reassure the 
people that they are sound and able to perform their functions.
    Senator Cornyn. Mr. Wold?
    Mr. Wold. I would agree with the professor and just add 
that there should be some accountability for the staffers and 
the officers of the United States who acted to conceal and to 
cover up the President's incapacity from the American people. 
One other issue that is tied up in sort of this bundle of 
incapacity, impeachment is also succession. And that's 
something so many have written about extensively over the 
years. We are very blessed that we have never had a double 
vacancy with the President and the Vice President, either 
because of terror attack or misconduct. That's something that 
legal scholars have said for many decades that Congress really 
has to work on that. And I would add, yes, in fact, that's 
something you all should take up with some seriousness.
    Professor Harrison. May I say spontaneously, yes, please.
    Senator Schmitt. Okay. Well, I want to thank the witnesses 
for your testimony here today. Written questions for them may 
be submitted for the record until June 26 at 5 p.m.
    And with that, this hearing is adjourned. Thank you.
    [Whereupon, at 12:24 p.m., the hearing was adjourned.]
    [Additional material submitted for the record follows.]
    
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                            A P P E N D I X

The following submissions are available at:

  https://www.govinfo.gov/content/pkg/CHRG-119shrg61845/pdf/CHRG-119shrg
    61845-add1.pdf


Submitted by Senator Cornyn: 

 Examples of Biden Immigration Proclamations and Executive Orders.     2

Submitted by Senator Hawley:

 Denying the Decline, Biden Declining, Democrats in Denial........    13

Submitted by Senator Schmitt:

 United States Presidents, chart..................................    14

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