Biden's Presidency: Breaking The Law?

There have been several instances where US President Joe Biden has been accused of breaking the law. In January 2024, some members of the US Congress charged that Biden had violated the Constitution by authorizing overnight strikes on Yemen. Progressive Democrats noted that Article 1 of the US Constitution requires that Congress authorize war, not the president. However, Biden's supporters argued that the Constitution's Article 2 designates the president as commander-in-chief of the armed forces and gives him the authority to use military force for defensive purposes. In another instance, Biden has been criticized for defending Section 702 of the FISA Amendments Act, which allows the government to collect Americans' digital communications without a warrant. As a senator, Biden had voted against this amendment, calling it constitutionally infirm. Additionally, Biden has faced scrutiny for his handling of classified documents, with a special counsel report concluding that he willfully retained and shared highly classified information when he was a private citizen. However, the report also stated that criminal charges were not warranted due to Biden's advanced age and possibility of innocent explanations.

Biden's defence of Section 702

Section 702 was intended to allow the government to surveil non-U.S. citizens abroad for foreign intelligence purposes without a warrant. However, in practice, it has been used as a domestic surveillance tool, with intelligence agencies like the FBI conducting hundreds of thousands of warrantless searches of Americans' communications. This has raised concerns about violations of civil liberties and the Fourth Amendment rights of Americans.

Despite these concerns, Biden's administration has continued to defend Section 702. In April 2024, the Department of Justice announced that the Foreign Intelligence Surveillance Court granted a one-year extension to the government to conduct surveillance under Section 702, bypassing Congress, which was actively debating reforms to the program. This has been criticised by civil liberties groups like the ACLU, who argue that Congress must stop this abuse of government power and reform the surveillance authority to protect Americans' privacy and constitutional rights.

Biden's airstrike on Yemen

On January 12, 2024, US President Joe Biden authorized overnight airstrikes on Houthi facilities in Yemen. The US and British warplanes, ships, and submarines launched dozens of airstrikes in retaliation against Houthi forces, who had carried out months of attacks on Red Sea shipping. The Houthis claimed that these attacks were in response to the war in Gaza.

The Biden administration informed Congress of the impending strikes but did not seek its approval. Some members of Congress charged that Biden violated the Constitution, as Article 1 requires that Congress authorize war. However, others pointed out that the Constitution's Article 2 designates the president as commander-in-chief of the armed forces and gives him the authority to use military force without congressional authorization for defensive purposes.

The Houthi militia threatened a "strong and effective response" after the US carried out another strike in Yemen overnight on January 13, 2024. The latest strike, which the US said hit a radar site, came just a day after the initial joint US-UK strikes. Houthi spokesperson Nasruldeen Amer stated that there had been no injuries or material damage, while another spokesperson, Mohammed Abdulsalam, said the strikes had no significant impact on their ability to prevent Israel-affiliated vessels from passing through the Red Sea and Arabian Sea.

The US launched its eighth attack on Houthi positions in western Yemen on December 22, 2024, firing up to 30 munitions. This was followed by a second round of UK-US strikes on January 23, 2024, targeting a Houthi underground storage site and missile and surveillance capabilities.

The Houthis have vowed that these strikes will not go unanswered, and their allies, Hamas, have killed Israeli soldiers in Gaza. The conflict has escalated tensions in the Middle East, with concerns about its spread to other countries in the region.

Biden's retention of classified documents

In February 2024, US President Joe Biden faced scrutiny over his handling of classified documents, with a special counsel report concluding that he had willfully retained and shared highly classified information when he was a private citizen. The report, by special counsel Robert Hur, found that Biden kept classified documents pertaining to a troop surge in Afghanistan during the Obama administration, which Biden had opposed. Some of these documents were discovered in a damaged box in Biden's garage in Wilmington, Delaware, during an FBI search in December 2022.

The investigation into Biden's handling of classified documents was sparked by an initial discovery of classified records in his Washington office space in January 2023. Subsequent searches by the FBI, conducted with the cooperation of Biden's staff, uncovered additional sensitive documents from his time as vice president and senator, in various locations including parts of his Delaware home and at the Penn Biden Center in Washington.

The special counsel report concluded that Biden willfully retained and shared highly classified information. This included information about military and foreign policy in Afghanistan, which was shared with a ghostwriter who worked with Biden on his memoirs published in 2007 and 2017. However, the report also stated that criminal charges were not warranted, citing Biden's advanced age and the possibility of "innocent explanations" for the records.

Biden angrily pushed back against the report, denying that he improperly shared classified information and lashing out at Hur for questioning his mental acuity and memory. He insisted that his memory was fine and that he was the most qualified person to serve as president. Biden's personal attorney, Bob Bauer, also criticised the special counsel for violating norms and "trashing" the president.

Biden's memory and competency

There have been questions about President Joe Biden's competency and memory, particularly in relation to his handling of classified documents. A special counsel report by Robert Hur found evidence that Biden willfully retained and shared highly classified information when he was a private citizen, including about military and foreign policy in Afghanistan. However, the report concluded that criminal charges were not warranted.

The report raised concerns about Biden's competency and age, with investigators noting his "limited memory" and describing his memory as "hazy" and having "significant limitations." For example, during an interview with investigators, Biden could not immediately remember the years in which he served as vice president. The report also stated that Biden was known to remove and keep classified material from his briefing books for future use and that his staff sometimes failed to get those records back.

In response to the report, Biden angrily denied the claims about his memory and insisted that his memory is fine. He also said that he believes he remains the most qualified person to serve as president. Biden's personal attorney, Bob Bauer, accused the special counsel of "trashing" the president and violating "well-established norms."

While the report did not result in criminal charges, it has sparked fresh questions about Biden's fitness for office and has been seen as an embarrassment for the president, who has placed competency and experience at the core of his rationale for seeking reelection.

In addition to the concerns about Biden's memory and competency, there have also been questions about whether he broke the law by ordering airstrikes on Yemen without congressional approval. Some members of Congress charged that Biden violated the Constitution, which requires that Congress authorize war. However, others pointed out that the Constitution also designates the president as commander-in-chief and gives him the authority to use military force for defensive purposes without congressional authorization.

Biden's violation of War Powers Law

The War Powers Resolution of 1973 (WPR) is a federal law that checks the US President's power to commit the country to an armed conflict without the consent of Congress. It requires the President to notify Congress within 48 hours of committing armed forces to military action and forbids armed forces from remaining for more than 60 days without congressional authorisation for the use of military force.

In January 2024, some members of the US Congress charged that President Joe Biden violated the Constitution by authorising overnight strikes on Yemen. Progressive Democrats noted that Article 1 of the US Constitution requires that Congress authorises war, not the President. However, the Constitution's Article 2 designates the President as commander-in-chief of the armed forces and gives him the authority to use military force without congressional authorisation for defensive purposes.

Supporters of Biden's move say that such defensive purposes would include responding to attacks on US bases in Iraq and Syria and commercial ships in the Red Sea. Biden's administration informed Congress of the impending strikes, but did not seek its approval.

Legal and security policy experts said the long-term response would depend on what happens on the ground. Repercussions are less likely if the conflict with the Houthis does not escalate and the administration keeps Congress informed.

In the past, Congress has disapproved of all alleged violations of the War Powers Resolution, and no allegations have resulted in successful legal actions against a President.

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