Democrats are warning members of their party not to fall into a political trap after President Trump ordered an investigation into former President Biden’s mental state and executive actions at the end of his term.
Trump directed his counsel, in consultation with the attorney general, to probe “whether certain individuals conspired to deceive the public about Biden’s mental state” amid renewed scrutiny of his predecessor’s age and health in the lead-up to last year’s election.
The probe threatens to keep an issue in the news that Democrats would like to move on from and could force them into the uncomfortable position of having to defend Biden despite his unpopularity.
“We need to avoid taking the bait for a totally unfounded political stunt, which is what this investigation is,” said Sen. Richard Blumenthal (D-Conn.). “It’s a distraction from the problems that everyday Americans face in our economy: tariffs, rising prices and the ‘Great Big, Beautiful Bill.’”
Biden also cast the play as a distraction from controversy swirling around the current White House, pushing back sharply against Trump’s suggestion that he was not the one making the decisions from the Oval Office.
Trump’s call for an investigation fixates on Biden’s use of an autopen to sign executive actions, claiming that, if advisers “secretly used” the mechanism “to conceal his incapacity,” it would constitute an unconstitutional wielding of presidential power.
“Let me be clear: I made the decisions during my presidency,” Biden said in a statement. “This is nothing more than a distraction by Donald Trump and Congressional Republicans who are working to push disastrous legislation that would cut essential programs like Medicaid and raise costs on American families, all to pay for tax breaks for the ultra-wealthy and big corporations.”
On Capitol Hill, where Trump’s House-passed spending bill is hitting snags in the Senate as Elon Musk feuds with Trump and calls to kill the legislation, other Democrats are echoing that framing.
“He’s clearly trying to deflect attention from the disastrous effect he’s had on the US economy,” said Sen. Tim Kaine (D-Va.). “He only brings up Joe Biden when he’s really worried about something, like ‘Vladimir Putin is playing me and the world sees it. My tariffs thing is not working out.’”
“So I would say, give it as little attention as possible,” Kaine said, suggesting Democrats should turn the inquiry around on Trump and say, “‘You’re the president now. What about your evidence of mental decline?’”
Sens. Tammy Baldwin (D-Wisc.) and Ruben Gallego (D-N.M.) concurred that the move is a distraction from the bill and that Democrats should respond by drawing Americans’ focus to the budget concerns instead.
Engaging could also risk legitimizing some of Trump’s claims about the end of Biden’s term, suggested Democratic strategist Antjuan Seawright. He called the push for an investigation “a distraction pitch that Donald Trump is trying to throw down at the batter’s box, hoping somebody will swing at it.”
“Anytime we fall into the trap, then we trap our own selves,” Seawright said of Democrats. “We should focus on this moment and not try to get caught up into conversations that don’t gain us anything electorally or politically.”
Questions about Biden’s age and health dogged him along the 2024 campaign trail, contributing to his eventual exit from the race. Trump, who railed against his two-time rival as “Sleepy Joe” as they jostled for the White House, has continued to raise the issue, while Democrats seek to turn the page and look toward the midterms and 2028.
Trump has repeatedly blasted Biden over his autopen use, questioning whether orders signed by his predecessor — including 11th-hour preemptive pardons for his family members and others to protect against “politically motivated prosecutions” — are void as a result. The White House confirmed this week that the Department of Justice is reviewing Biden’s pardons.
The House Oversight and Government Reform Committee has also started its own inquiry into what Republicans have cast as a “mental decline cover up.” This week, Oversight Chair James Comer (R-Ky.) demanded interviews from some of Biden’s former top aides as well as his doctor, Kevin O’Connor.
At the same time, new books, including “Original Sin: President Biden’s Decline, Its Cover-Up, and His Disastrous Choice to Run Again” from CNN’s Jake Tapper and Axios’ Alex Thompson, have renewed debate about his mental acuity.
The scrutiny also comes after Biden was diagnosed with an aggressive cancer last month. The diagnosis itself prompted questions about whether the timing was intended as a distraction and did little to quell talk about whether the 82-year-old should have dropped out of the race earlier.
Republicans, for their part, are largely heralding the inquiries as a pursuit in transparency.
“The American people deserve to know who was making decisions from the White House between 2021-2025. I hope this investigation uncovers the truth,” Rep. Mark Green (R-Tenn.) said on X of Trump’s probe.
A number of Democrats seen as 2028 hopefuls, asked in recent weeks about the end of Biden’s presidency, have acknowledged his weaknesses. Former Transportation Secretary Pete Buttigieg told an Iowa town hall last month that his then-boss’s decision to run for reelection “maybe” hurt Democrats, and Sen. Chris Murphy (D-Conn.) told Politico there’s “no doubt” Biden suffered cognitive decline.
Across the board, though, Democrats have been pointing toward the future and hoping to move on from questions about their former party leader as they stare down the high-stakes midterms next year and aim for the White House in 2028.
Biden’s favorability was at 39 percent in the latest YouGov/The Economist polling, compared to Trump’s 44 percent and former Vice President Harris’s 42 percent.
“If Democrats shift their focus to this, then they risk further alienating and frustrating their base that is ready to put Biden behind them,” said Democratic strategist Fred Hicks.
He pointed out Trump’s public fallout this week with Musk, who’s suggested that Trump’s bill could be “bankrupting America,” and suggested it could be opening for Democrats in their pushback against the administration.
But although Democrats are pushing for the party to ignore not just the probe but the Biden discourse more broadly, many have acknowledged that the issue is likely to dog them through 2028 and could even be a political liability for some potential presidential contenders.
Strategist Hank Sheinkopfinterpreted Trump’s new probe not as a trap or bait, but as a direct attack, and countered some of his fellow Democrats by arguing that the party ought to respond.
“‘Take [Trump] on or lose in 2026’ is really the reality which they don’t want to deal with. They somehow believe that if they don’t take them on, they’ll win anyway,” Sheinkopf said of party leaders.
“What they want is [to say], ‘Biden, we’re not talking about that, that’s the past.’ But that’s the present. So it’s a delusional argument,” he said. “Trump is making this the present. He’s defining the Demcoratic Party by Biden, and the things he’s going to say about Biden, whether they are true or not. So you can’t let that stand.”