Missouri Attorney General Andrew Bailey has done something that could be extremely significant. 

Bailey is demanding the Department of Justice investigate whether Joe Biden's cognitive decline "allowed unelected staff to push through radical policy without his knowing approval."

🚨BREAKING: I am demanding the DOJ investigated whether President Biden’s cognitive decline allowed unelected staff to push through radical policy without his knowing approval.

If true, these executive orders, pardons, and all other actions are unconstitutional and legally void. pic.twitter.com/pOhATRfw2j

— Attorney General Andrew Bailey (@AGAndrewBailey) March 5, 2025

"If true, these executive orders, pardons, and all other actions are unconstitutional and legally void," Bailey claimed. 

Bailey referenced in his letter to Inspector General Michael Horowitz the conversation that House Speaker Mike Johnson (R-LA) had with Biden, where Biden didn't appear to understand/know that his signature was on an important LNG executive order. 

Recall that former President Biden admitted to @SpeakerJohnson that he did not remember signing an executive order pausing LNG exports.

So, who signed it?

For investigators to determine whether then-President Biden actually ordered the signature of relevant legal documents, or… pic.twitter.com/GkLxPSbIwu

— Oversight Project (@OversightPR) March 6, 2025

That's pretty shocking and it then raises big questions. Was he actually signing the orders? Did he understand and approve, if he did sign them? Bailey pointed to the observations of Special Counsel Robert Hur that Biden was an elderly man with a "poor memory" who couldn't even remember when he was vice president or the year his son died. 

Bailey argued that things Biden signed strongly suggested "exploitation by staffers and officials who wanted to promulgate far-left policies without any accountability or democratic legitimacy.”

As our sister site PJ Media reported, the Heritage Foundation's Oversight Project added some more questions. They took a look at Biden's signatures on documents that they could find. The signatures they found they alleged were done by autopen, except for Biden's withdrawal from the presidential race. 

🚨WHOEVER CONTROLLED THE AUTOPEN CONTROLLED THE PRESIDENCY🚨

We gathered every document we could find with Biden's signature over the course of his presidency.

All used the same autopen signature except for the the announcement that the former President was dropping out of the… https://t.co/CC3oJUkNr4 pic.twitter.com/mtNrZsALDu

— Oversight Project (@OversightPR) March 6, 2025

For investigators to determine whether then-President Biden actually ordered the signature of relevant legal documents, or if he even had the mental capacity to, they must first determine who controlled the autopen and what checks there were in place.

Given President Biden's…

— Oversight Project (@OversightPR) March 6, 2025

California columnist Susan Shelley also raised the question, alleging the pardons that Biden signed for family members and people like Anthony Fauci appeared to have been done by autopen as well. 

Thought it would be interesting to look at Joe Biden's signatures on the seven pardons issued in the last hours before he left office. The president's pardon power can't be constrained or challenged, but who used an autopen to issue blanket, preemptive, 11-year pardons? pic.twitter.com/GIP8kThYUu

— Susan Shelley (@Susan_Shelley) January 29, 2025

Now, autopen has been used by presidents for documents like correspondence in the past. But Barack Obama created controversy by basically dialing it in 2011 for a bill extending the Patriot Act. He was in Europe at the time, and he directed someone to use an autopen to sign the legislation, which the White House thought was the first time that had been done for legislation. 

Obama then did it multiple other times. The White House pointed to an opinion from the Justice Department's Office of Legal Counsel during the Bush administration, arguing that the autopen was legal, though Bush himself was never in a position where he had to use it. But as USA Today noted in 2015, it hadn't been legally challenged and people still have questions. 

Of course, the problem here with Joe Biden is more complicated. How much was it used, and what was the proof that Biden approved it, given what Johnson said? Do they have records, and given that it's the Biden team, could you even trust any records they keep? This is why it's a start down a slippery slope when it isn't the actual signature on something like executive orders, pardons, or legislation. 

But the bottom line is there are big questions here given Biden's condition, and the DOJ should be looking into this.