The Heritage Foundation’s Oversight Project has filed a Freedom of Information Act (FOIA) lawsuit against the Biden administration. The conservative think tank is seeking records related to any advice the Department of Justice's Office of Legal Counsel (OLC) may have provided regarding the 25th Amendment.

The lawsuit is a response to growing concerns about President Biden's ability to perform his presidential duties, amid recent media discussions on the topic, Fox News reported.

The lawsuit specifically targets records from the OLC, which serves as a key legal advisor to the executive branch. According to Kyle Brosnan, an attorney for the Oversight Project, the OLC functions as the "law firm" for the executive branch, offering legal advice to the President and his officers. The records requested cover a timeline starting from June 1 of this year to the present.

Lawsuit Centers Around 25th Amendment Provisions

The lawsuit’s focus on the 25th Amendment stems from concerns about the President’s ability to fulfill his duties. Section 4 of the 25th Amendment allows the vice president to assume the role of "acting president" if a majority of the Cabinet declares that the President is unable to perform. This provision has been used in the past, such as when President George W. Bush temporarily transferred his authority to Vice President Dick Cheney during a medical procedure.

The Heritage Foundation made prior attempts to access these records through FOIA requests sent to Cabinet secretaries. However, those efforts did not yield the desired communications. Mike Howell, president of the Oversight Project, claimed that in one instance, a Cabinet agency revealed via email that the "White House was taking over the comms" related to this matter.

Concerns About Biden’s Capacity Raise Questions

Howell has been outspoken about his concerns regarding President Biden's cognitive and physical abilities. He noted that recent media attention, particularly comments from public figures, has fueled these concerns. Howell pointed to an appearance by First Lady Jill Biden at a recent Cabinet meeting as an indicator that the President may not be fully functional. Her presence in a Cabinet meeting was met with some public backlash, further intensifying the debate.

Howell expressed frustration with what he sees as a lack of oversight from Congress. He accused lawmakers of "shirking" their responsibility to assess the President’s ability to govern. In his view, the issue of "who is really running the country" remains unanswered, fueling further speculation about Biden’s condition.

Allegations of Ceremonial Presidency Stir Debate

The lawsuit and public comments from the Heritage Foundation arise during a time when media and political discourse frequently raise concerns about President Biden's health. Howell alleged that an unelected person could potentially handle the responsibilities of the presidency while Biden performs only ceremonial duties when physically able.

This speculation about Biden’s capacity has sparked concerns that Democrats may hesitate to invoke the 25th Amendment during his presidency, potentially setting a precedent for future presidents to avoid cognitive or physical evaluations.

Previous Assassination Attempts Add to Tensions

In addition to concerns about the 25th Amendment, Howell pointed to recent threats against political figures, particularly former President Donald Trump. He emphasized the risk of future assassination attempts, especially as political rhetoric heats up. Howell warned that continued attacks on Trump from the left could exacerbate these dangers.

"The left has no leg to stand on to say the 25th Amendment needs to be invoked," Howell stated, suggesting that Democrats' refusal to consider the amendment for Biden could undermine future efforts to use it for other leaders.

Heritage Foundation Seeks Accountability

The Heritage Foundation’s lawsuit seeks to shed light on whether discussions about invoking the 25th Amendment have taken place within the Biden administration. Howell noted that the FOIA requests became necessary due to the lack of transparency from both the administration and Congress.

He also expressed concern about the potential influence of unelected figures, suggesting that the American people deserve clarity on who is making the critical decisions for the country.

The Justice Department and the White House have not yet commented on the lawsuit. Fox News Digital has reached out to both entities for a response.

As the FOIA suit moves forward, the Heritage Foundation plans to continue pushing for greater accountability regarding presidential fitness and the use of the 25th Amendment. The lawsuit highlights ongoing tensions surrounding the President's ability to lead, a topic that remains contentious as the Biden administration faces increasing scrutiny.