Has this ever been done and challenged?
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It would be a shame if Joe Biden ISN'T PRESIDENT OF THE UNITED STATES, but is only "president of USA Corporation and the occupied territory of Washington DC ".
If the U.S. is under military rule with a Commander in Chief, but not an acting president... then Biden can declare anything he wants. It's not legally binding.
Also, I think we all know that isn't really Joe Biden. It's an actor playing the role.
Maybe this is what will bring about the "surprise" revelation.