posted ago by LockedandLoaded ago by LockedandLoaded +9 / -0

Has anyone ever wondered what a medical Doctor would have to say about Joe Biden’s current cognitive state?

It is clear that when you objectively observe his behavior, speech patterns, difficulty putting together cohesive and fluent sentences, and his loss of emotional control from time to time that Biden seems to be exhibiting signs of Dementia or Alzheimer’s.

Symptoms include:

  • Difficulty in communication and finding the right words to use.
  • Loss of Motor Functions
  • Confusion and Disorientation
  • Sudden bouts of anger (“I don’t work for you!”)
  • Agitation and Anxiety
  • Memory loss. Both short and long term.
  • Forgetting the names of people and places. (Confusing his wife with his daughter/daughter in law. ‘They switched on me’)
  • Gradual loss of speech.

We all likely are familiar with the signs and symptoms due to direct experiences with Dementia or otherwise.

As Americans, we have a Right to know what the cognitive state of our POTUS is and I find it odd that despite clear warning signs and symptoms of mental decline from Joe Biden, even when you compare him today with Joe in 2019 during the Dem. Debates, nobody has ever dared call into question his mental capacity and whether or not he was ever legally “incapacitated” at any time prior to 11/3/20 (or 9/8/20. See below). It is clear that his mental capacity has declined significantly. Yet, nobody can say with any real confidence if Joe Biden is mentally fit to hold Office. I would think an examination by an independent neurologist would give us some answers as to the mental fitness of Joe Biden to hold the Office of President. Unfortunately, cognitive assessments are not required of candidates, nor is there a cognitive function standard they must meet. HOWEVER, they cannot hold Office if they are “Incapacitated”.

FOR EMPHASIS: there is no official “ cognitive standard” that a nominee for President must meet, however, if a nominee is deemed “Incapacitated” prior to Election Day, the Party that nominated them must replace that candidate on the Ballot. BUT the deadline to replace a ticket or candidate on the Ballot was 9/08/20.

Incapacitated is a legal term and has a particular definition - “A lack of ability to manage ones business, property and affairs because of ones mental illness, mental deficiency, or physical illness or disability.” The legal general standard in making the conclusion that a person fits that definition would be whether or not an objective reasonable person would conclude as such.

A Party that nominates someone for President, who is found to be incapacitated prior to Election Day, must replace that candidate by the the Ballot Certification Deadlines (9/8/2020).

So, if the DNC was aware of Biden’s cognitive decline and “Legal Incapacity” or if the DNC looked the other way and allowed Biden to remain the nominee despite their constructive notice of his incapacity by way of the clear signs and symptoms of cognitive decline and legal incapacity he exhibited, they failed to produce a nominee who was mentally fit to hold the Office of President and also failed to replace that nominee according to the Charter and Bylaws of the Democratic Party by 9/08/20. (https://democrats.org/wp-content/uploads/2018/10/DNC-Charter-Bylaws-8.25.18-with-Amendments.pdf).

This results in the invalidation of the Biden/Harris ticket in the 2020 Presidential race. In fact the Jor Biden was likely unfit to even hold the nomination due to Biden being legally incapacitated (reasonable person standard) and unfit to hold Office. The DNC’s failure to remove a candidate which they knew was incapacitated and unfit to hold Office was legal negligence. I.e. a breach of their duty to American Voters (independents) and more specifically the Democratic Party. (Would likely need a Democrat to file the lawsuit to establish standing. Perhaps and independent voter.)

While there is no requirement that a Presidential Nominee take a cognitive assessment and display the mental capacity and fitness to hold the Office of President, I would think there is a novel legal issue and argument to be made that the DNC, or the RNC for that matter, has a duty to the American People to ensure that their nominee was mentally fit to be nominated for and hold the Office of which they were nominated for.

To reach this conclusion despite the lack of a concrete cognitive standard that must be met by the nominees requires the following:

As a nominee of the DNC for POTUS, Biden must not be legally incapacitated - in the eyes of an objective, non-partisan person, at any time prior to 11/3/20 and ideally AFTER 9/08/20 (deadline to replace the nominee on the ballot) was Joe Biden legally “incapacitated”? - Yes. See the above definition.

Does the DNC have a duty to the American People to nominate candidates that are not incapacitated? - Yes. Seeing as how you cannot hold Office if you’re “Incapacitated”, it follows that the DNC would have a duty to nominate a candidate who has the mental capacity (they are not ‘incapacitated’) to hold the Office they are running for. They owe this duty to the American People as registered independents and registered Democrats. (Standing issue)

Did the DNC know about Biden’s incapacity? - Yes. They likely didn’t have ACTUAL knowledge (notice) of his “incapacity”, but they had what is called “Constructive Notice”. In laymen’s terms, they should have known based on the symptoms that Biden was legally “incapacitated.” This Constructive notice would exist because an objective, non-partisan, reasonable person, would see that Biden meets the legal definition of “incapacity” and is thus unfit to be or even run for President or even hold the nomination.

So, the DNC has a duty to nominate candidates that are not incapacitated. The DNC breached that duty owed to the American People, namely the Democrat Party, by nominating Biden, a candidate in which they at least had constructive knowledge of being incapacitated, as defined above, and thus unfit for Office or nomination.

The DNC failed to replace that candidate by the 9/8/2020 deadline to change the Democratic Ballot for President. It follows that on Election Day Trump legally should have been unopposed and won re-election as a result. Biden was illegally nominated due to incapacity. (Hammering this home)

Conclusion: Biden was incapacitated, according the the legal definition of the word, and thus unfit to hold the DNC nomination for a Democrat Presidential Candidate as well as unfit to hold the Office of President should he come to win the election (both illegal due to Incapcity). The DNC failed to remove the Biden/Harris ticket as required by their Bylaws, which state they must remove a candidate or nominee who is incapacitated. They failed to replace the ticket on the Ballot by the 9/08/2020 deadline and thus had no legal nominee to oppose Trump on Election Day.

How is this remedied? File a lawsuit claiming the DNC was negligent in its nomination of Joe Biden for President. The DNC owes a duty to the Democrat Party/American People generally (independent voters) to nominate candidates that are not “incapacitated” and thus unfit to hold Office. The DNC was constructively aware of the incapacity of Joe Biden ( a reasonable person would see that Biden met the legal definition for incapacity) thus knowingly breaching their duty to the Democrat Party/American People to nominate candidates for the Office of President that are actually mentally fit to hold that Office or nomination.

Damages? American Voters and Democrats were disenfranchised of their vote because they voted for an illegitimate and incapacitated nominee who was legally incapable of either holding the nomination in the first place or holding the Office of President. On 1/20/21 Biden was illegally sworn in due to his being incapacitated and unfit for Office and the fact that he was incapacitated prior to Election Day and legally should not have been the nominee as a result, Biden should have never been on the Democrat ticket to begin with. The DNC had constructive knowledge of this incapacity and the damages were the disenfranchising of Registered Democrats and Independents. (Not Republicans. No standing because they were not “harmed” as Biden was not on their Ballots.)

Ultimate remedy? Removal of Biden from Office. He is not afforded POTUS immunity and his removal does not require impeachment because he was incapacitated as the nominee and should never have been on the ballot on 11/3/20 to begin with. The remedy is the removal of Citizen Biden from the nomination due to Citizen Biden being incapacitated at the time and through present day.

Under the legal definition of incapacity, the breach of Duty to nominate candidates mentally fit for Office by the DNC, and the swearing in of a illegal and incapacitated nominee for President, who was negligently put on the Ballot by the DNC, Biden must be removed and Trump sworn in as soon as feasible because legally Trump should have been the only POTUS candidate on the Ballot on 11/3/20.

TL:DR The DNC was negligent in its nomination of Biden to run as the Democrat Candidate for POTUS. The DNC failed to remove the incapacitated nominee prior to election day and also failed to replace the Biden ticket on the Ballot by the 9/08/20 deadline to change the Ballots. As a result, Biden was not fit to be the Dem. Nominee, he was not timely replaced and thus Trump was legally unopposed on the Ballot on Election Day.

Thoughts?