Bailey’s demand raises serious concerns over the legitimacy of Biden-era policies, many of which have been rolled back since President Donald Trump returned to the White House in January.

In a public letter addressed to DOJ Inspector General Michael E. Horowitz, Bailey argued that many of Biden’s executive actions should be considered invalid due to the president’s mental incapacity.

He pointed to Biden’s decision to withdraw from his reelection campaign under pressure from fellow Democrats as further evidence of his declining cognitive abilities.

“By now, Biden’s mental decline is famous. Under the 25th Amendment, his inability to make decisions should have meant a succession of power,” Bailey wrote.