Heritage Foundation sues Biden administration over 25th Amendment communications

The Heritage Foundation, a conservative think tank, has initiated a Freedom of Information Act (FOIA) lawsuit against the Biden administration. The suit seeks records related to legal advice from the Justice Department's Office of Legal Counsel concerning the 25th Amendment, which allows for the transfer of presidential powers under certain circumstances. The request covers communications from June 1 to the present, highlighting concerns about President Biden's ability to fulfill his duties. Heritage Foundation attorney Kyle Brosnan described the Office of Legal Counsel as a legal advisor for the executive branch, akin to a law firm for the White House. Prior to the lawsuit, the Foundation attempted to gather information through media requests to Cabinet secretaries, which led to a response indicating that the White House was managing communications on the issue. Mike Howell, President of the Oversight Project, emphasized that discussions regarding Biden's capacity to govern have been prevalent in media narratives, prompting the legal action. He noted that the first lady's prominent role in a recent Cabinet meeting raised public concerns about who is effectively running the country. The 25th Amendment has gained attention due to ongoing political tensions, particularly with the potential for future threats against political figures. Howell suggested that the current political climate may hinder Democrats from invoking the amendment, which could set a precedent for future administrations, particularly if Trump were to return to power.