Skip to content
A Member of the Law Professor Blogs Network

Why Have the Biden Papers Surfaced, and to What End?

Theory 2: The Justice Department and FBI are using the Biden Papers to protect themselves and grow their power. It s always a safe assumption that government bureaucracies act first and foremost in their own perceived self-interest. For the Justice Department and FBI in particular, the Biden Papers can be manipulated for ends unrelated to sidelining Joe Biden. In fact, if we have learned one thing in recent years, it s that the national security and law enforcement agencies operate as if they re superior to commanders-in-chief.

That said, there s no Deep State without public funding for it, and that funding in part requires political support. It s perhaps unlikely the Republican House will attempt to use the power of the purse as leverage to rein in the Deep State, but at minimum, the public image of the likes of the FBI and DOJ is under threat with the just-established House Judiciary subcommittee on the Weaponization of the Federal Government. So, from the perspective of the Deep State, what better way to blunt the force of a committee claiming weaponization against conservatives than to, two days after that subcommittee comes into being, announce a special counsel probe of the current president over similar conduct to that which a special counsel was already probing the prior Republican president?

AG Garland made the intended optics quite clear in announcing that the appointment of a special counsel to probe the Biden Papers underscores for the public the Department s commitment to both independence and accountability in particularly sensitive matters, and to making decisions indisputably guided only by the facts and the law.

However many times AG Garland returns to this refrain, of course, it doesn t make it true.

via www.theepochtimes.com

Ben Weingarten.

Above is Theory 2 — By investigating what I view as the technical violation by Biden (as was Trump’s, though it could be more serious) FBI/DOJ demonstrates their even-handedness, sort of. This strikes me as ridiculous, but who knows. Theory 1 strikes me as more plausible — the Deep State (terrible term, but there it is) wants to get rid of Biden and substitute somebody else, possibly Gavin Newsom.