Biden Declares Pandemic “Over” Despite Continued Use in Policies and Programs

There were a couple of eye-raising moments this weekend during an interview of President Joe Biden on CBS’ “60 Minutes.” One was his continued blanket denial that his son Hunter had done anything that had any impact on him or the country. However, it was the President’s sudden announcement that the pandemic “is over” that may have taken some people by surprise, including Administration lawyers still using the pandemic as a basis for policies and programs.  This includes a major appellate case this week.

The Administration relied on the pandemic to justify the massive loan forgiveness program at a cost of as much as $1 trillion. The move will be the subject of challenges and defended under the HEROES Act of 2003 as tied to a national emergency, ”when significant actions with potentially far-reaching consequences are often required.”

The pandemic is also being used by states continued crackdowns on those who refuse to get vaccines. New York is moving to fire hundreds of teachers and school administrators.

Private companies like T-Mobile are also moving this month to fire unvaccinated workers.

The President also heralded the removal of masks recently despite the continued requirement for some schools and other locations under pandemic rules (including at my own George Washington University). While at the Detroit Auto Show,  Biden declared “If you notice, no one’s wearing a mask, everybody seems to be in pretty good shape.”

Biden’s statement on the end of the pandemic is likely to be cited in a variety of briefs in cases challenging emergency powers and policies used by the Administration. It was just a year ago, in September 2021, that the President imposed such rules to “ensur[e] the health and safety of the Federal workforce and the efficiency of the civil service.” President Biden announced a similar requirement for federal civilian employees. Exec. Order No. 14,043, 86 Fed. Reg. 50,989 (Sept. 14, 2021).

One such example could be the appeal now being considered by the United States Court of Appeals for the Fifth Circuit. The issue of the sweeping pandemic authority being claimed by the Biden Administration is now going before the full court in an en banc rehearing.

U.S. District Judge Jeffrey Brown previously issued a nationwide injunction against the vaccination mandate in January. That was stayed and has resulted in a series of conflicted moves on appeal.

Yet, the Justice Department is still citing the pandemic authority and insisting that “if an employee chooses not to receive a COVID-19 vaccine (and is ineligible for an exception), he simply may no longer be permitted to continue in federal employment, just as an employee would be subject to termination if she chose to stop performing her job or chose to violate workplace policies.”

Here is one such recent brief: DOJ Fifth Circuit brief

Now the President is declaring that the pandemic is over as the Justice Department is defending pandemic policies in various courts. Even if one were to argue that the policy should be reviewed as supported at the time, the continued viability of the policy can now be questioned in light of the President’s own statements. The President’s comments also highlight the fluidity of pandemic policies. While we often look to the CDC on such status statements, it is the President who ultimately decides federal policies on pandemic measures.

If the pandemic “is over,” some may question the continued uncertain status of military personnel and federal employees on vaccine status as well as lingering mask mandates being used in some states and by certain businesses.


108 thoughts on “Biden Declares Pandemic “Over” Despite Continued Use in Policies and Programs”

  1. “[T]he President’s sudden announcement that the pandemic ‘is over’ . . .”

    Just in time for the midterm elections. Imagine that.

  2. What you have demonstrated is that Cannon understood criminal law apparently better than Dearie.

    I want to be careful about criticising Dearie – because I do not trust you or WaPo to get the actual facts straight.

    I have no doubt that DOJ wants to force Trump to be specific about his defenses NOW.
    But they are not entitled to what they want.
    With very few constraints the legal strategy of parties in any legal conflict is up to the respective parties – not their opponents.

    1. @John Say Thank you for stating that. It may be obvious to some but many would obfuscate your point. Thanks!

  3. The issue of whether Trump declassified these documents or not legally belongs to Trump and Trump alone so long as Trump faces any possible criminal prosecution/

    Trump can demand that it be addressed now, or just before trial, or by the jury.
    Or all 3, or none of the above.

    Even the plantif in civil cases has no control over the way that a defendant proceeds with their case.

    I would further note that there are two portions of the claim regarding declassification.

    The legal claim that Trump as president could declassify whatever he wished.
    That claim was resolved long ago. But if DOJ wishes to relitigate that – it can
    and it probably can do that now – though Cannon, not Dearie is the appropirate venue.

    But the question as to whether these specific documents were declassified by Trump is a question of Fact, and therefore something that only a jury can decide.

    1. I have to disagree with who should decide the classification issue. This is black letter law. A judge needs to rule. That ruling can be appealed.
      The question is not whether a document is classified or not. The Question, What office or officer of the govt has the constitutional power to challenge the President? I can find no such entity.
      This applies to DNI. The DoJ threw that category of information into the mix to muddy the water for the public relations affect. With DNI the question is, Can the sitting President share this DNI document of any person of his choosing. Answer? Who could stop him? This thing will never see a jury. The DoJ is very happy to try this case through Court filings. Bench rulings are complicated and an easily be spun for effect.

      I assume you are responding to our banned no name troll,

      1. I did not make clear. Trump should not present a defense until after the Jury is empaneled. I have repeated endlessly here in these threads that it is stupid to start defending yourself until the you know positive, what you will be charged with.

      2. Documents marked classified are going to by law be presumed to be classified absent evidence that they are not.
        While you are correct that the president has the unilatral power to do so.
        Trump saying he did in a rally is not evidence, He would have to do so under oath and subject to cross examination or someone else would have to testify that he did in their presence – under oath and subject to cross examination.

        Dearle is a special master – he is not a trial court judge. There are not going to be hearings with witnesses before him.

        Dearle was right to Tell Trump’s lawyers they can not have their cake and eat it too.
        Without evidence Dearle must treat the documents as classified.
        While it is DOJ’s burden of proof, this is not a criminal trial yet, and the burden is low.
        That the documents are marked classified is enough to meet DOJ’s burden of proof.

        But this gets more interesting if the CONTENT of these documents fits anything Trump Publicly declassified.
        Or by EO. That means the collusion delusion documents.

        I am not sure whether Dearle has the power to look at the content of the documents and decide if they fit what Trump publicly declassified. I am not sure Cannon has that power. That is a question of fact – not of law.

        You are correct that whether Tramp can declassify things by order, or by standing order or by moving them to his home while president is a question of law not fact. But whether he did any of those is a question of fact not law.

        Regardless, I think it is highly unlikely for Trump to prevail with the special master on the purportedly classified documents at this stage. The burden of proof for DOJ does not become high until there is an indictment.

        I think the best legal move for Trump is to reserve the right to challenge whether the documents are classified until a later time. and to allow Dearle to treat them as classified for now.

        That is a small loss, but one that should have been expected.
        It is worse to push Dearle to decide that against their opposition.

        There is also game playing and timing issues here.

        One the one hand all Trump victories on this impact the midterms positively.
        But losses – even moneor ones impact it negatively.

        On the other, Absent proving these are collusion delusion documents right now, which would be a huge Trump win, but may not be legally possiblem the best stratgey for Trump is to get passed the midterms.

        If the GOP retakes the house (and senate).
        DOJ will be on the hotseat. Jim Jordan can as an example demand these documents, review them and probably publicly state they are collusion delusion documents. That could take time – but Biden’s DOJ fighting Jordan tooth and nail is very good theater for republicans.

        I suspect there is enormous pressure from the whitehouse to indict.
        But I think that is a huge political mistake. And I am hoping Garland is not stupid enough to open that can of worms.
        We do not need a collusion delusion II battle.

        Further Republicans are likely to control the house, the senate and the presidency in 2024 – barring a miracle.
        It is a very bad idea for Democrats to normalize political vendetta’s right now.
        There can be little doubt that if Trump is elected in 2024 he will be taking office with his knives sharpened.
        And if it is DeSantis he may not have the same targets, but he undeniably engage in the same tactics as Biden has.

        Normalizing criminalizing political conflict would be a very stupid idea for democrats.

  4. Trump’s lawyers are correct.
    Defendants or potential defendants are not obligated to present any of their legal claims until Trial.

    A person facing possible criminal charges can have their defense harmed by committing to one legal argument too early

  5. Joe Biden is a chronic manipulator and deceiver, and not even good at it since his tactics are always exposed as bogus and grasping.

  6. He must’ve meant Taiwan is over and he’s committed to defend the pandemic emergency, like my dog is devoutly Catholic and the Pope poops in my backyard.

  7. Translation: ‘COVID is no longer politically useful, and we hope people forget the living hell we unnecessarily put them through against their will for 2+ years.’.

    We won’t forget. **** these people.

  8. People yell at the government to “Do something!. They do. Good luck stopping them! One you have a bureaucracy a new parking place for political cronies has been born.

  9. Biden just declared pandemic over, which means 1) his loan forgiveness plan is illegal, 2) the unlicensed, experimental vaccine mandates are unlawful, and 3) vote-by-mail ballots are unconstitutional and cannot be used in November. Good job, Joe.

    Did we miss anything?

    1. He said the pandemic was over…but did WHO say it was over? And what are the criteria for a national emergency to be over? Bc he still quit arbitrarily and abuse of power has continued a “national emergency” paper tiger. When was the interview recorded? When we’re ppl normally going around without masks and healthy ? …well before the student loan forgiveness boot strapped by his “emergency” ….his student loan forgiveness.
      Heroes act has 4 categories for “affected individual” possible. And they hand their hat cart blanche on not only a national emergency but a governor declared disaster area. So only newcsomes students can actually qualify. Equal protection? Bc most governors dropped “disaster” a long time ago. So the fourth category is all that’s left…..which requires a “direct” consequence of….and cart Blanche forgiveness is not.
      In effect Biden takes a nice and refreshing only six page law…..and creates loan forgiveness and renders it’s terms superfluous. All but 2 paragraphs. One hinge that needs a “presidential” declared national emergency! BUT COVID IS OVER ACCORDING TO WE THE PEOPLE. LOOK HOW WE ACT….WATCH WHAT WE DO.

    2. Perhaps what was missed was a strong exhortation for Republicans to use each one of your points over and over and over. The reason for exhorting and repetition is that Republican politicians, no matter how smart they are in some areas, are, for the most part, politically dense. That goes double for the folks running the DNC who seem to be doing nothing to insure the November elections will have any integrity.

      1. Perhaps what was missed was a strong exhortation for Republicans to use each one of your points over and over and over. The reason for exhorting and repetition is that Republican politicians, no matter how smart they are in some areas, are, for the most part, politically dense. That goes double for the folks running the RNC who seem to be doing nothing to insure the November elections will have any integrity.

  10. The Constitution confers no “emergency,” “epidemic,” “pandemic” or any other “powers” or powers of martial law, or any other form of tyranny and dictatorship.

    It’s all made up; it’s all contrived; it’s all arbitrary; it’s all false.

    Individuals enjoy freedom and individuals shall not be dictated to by government.

    The 10th Amendment confers powers “not delegated to the United States by the Constitution, nor prohibited by it to the States,” TO THE PEOPLE, or to the States.

    The key word is “OR” as it makes the words “States” and “people” fungible, interchangeable and equal.

    States shall intercede ONLY when it is impossible for any People to exercise their natural and God-given rights, freedoms, privileges and immunities.

    Free individuals, free enterprises and free industries engage in all endeavors, including the pursuit of solutions by free patients, free doctors, free hospitals, and free pharmaceutical enterprises – the sole exception is war which is provided for by the Constitution.

    The People retain all rights, freedoms, privileges and immunities provided by the Constitution and Bill of Rights, most assuredly among them is personal healthcare, including all related decisions, which no State has the power to deny.

    Some, no doubt, would magically find “emergency” powers of dictatorship and control in the Constitution if an asteroid were detected on a path toward the earth.

    People may find the glass to be half empty or half full.

    Some choose to find the glass of freedom to be half empty and in need of governmental dictatorship.

    “If you’re half right, you’re half wrong, if you’re half wrong, you’re all wrong,” Anonymous.

    Those who find the glass half full are all wrong and their actual motive may be not be constitutional at all, but malicious.

    An actual, true and patriotic Supreme Court would and must have moved to strike down the unconstitutional “China Flu, 2019” measures like a bolt of lightning.

    Actual, true and patriotic Americans find the glass of freedom half full and they are always Minutemen, ready for freedom and self reliance.

  11. Yet another stumbling, bumbling disaster of an interview by President Magoo who just may get us into a shooting war with China, yet. Caligula made his stallion, Incitatus, a tribune of the Empire. I have a feeling Joe might opt for something a little more his style – a jackarse. The Dims wanted Trump out on 25th Amendment grounds. The irony of the boomerang effect would be hilarious if it wasn’t so damn important a topic. You know, leader of the free world and all.

  12. Leave it to Turley to twist the facts to suit the predetermined outcome of today’s little piece– all to appease the disciples. It is the case that the ACUTE PHASE of COVID is over. We know this because we are no longer setting new daily records for deaths and infections, mostly because the majority of this country has either been infected with COVID and/or immunized. The current state of COVID has nothing to do with appeals over policies enacted when COVID was raging and setting new daily records for infections and death, like the appeals cited by Turley of policies in effect at that time. It also has nothing to do with those employers who insist upon mandatory vaccination for their employers. Unvaccinated people can and do spread COVID.

    1. “Unvaccinated people can and do spread COVID.”

      And the vaccinated don’t?

      And natural immunity is not a thing?

      And your is the “party of science?!”

    2. Someone needs to vaccinate you, by force, of your toxic ideology: Lest you spread it and damage society.

  13. “One was his continued blanket denial that his son Hunter had done anything that had any impact on him or the country.”


    Were there followup questions by the fraud called Scott Pelley?

    How many years now have the feds been ‘investigating’ (ie, covering up) Hunter’s crimes? Gun crimes, drug crimes, sex traficking crimes, money laundering, tax fraud, influence peddling? Other financial crimes?

    Next excuse proferred by the corrupt Merrick Garland: ‘DOJ guidelines advise against bringing politically charged cases to the forefront so close to an election.’

  14. Does that mean biden is not going to foist the student loan obligations on federal taxpayers (since the pandemic was given as a reason requiring his unconstitutional plan)? or is going to reinstate with back pay all military who were ousted because they weren’t vaccinated? or compensate those in health care and other businesses who lost their jobs? Just wondering!

    1. Stop being so boorish. The communists (liberals, progressives, socialists, democrats, RINOs) are busy buying votes.

      Never did the Founders intend for men younger than 21 to vote; vote criteria in most States in 1788 were male, European, 21, 50 lbs. Sterling/50 acres.

      Most new prospects for student loans are 18 or 19 and, preposterously, they can vote.

      Many college students with “student loans” are under 21; student loans, incidentally, are unconstitutional per Article 1, Section 8.

      Never did the Founders intend for men to vote who were “…in so mean a situation, that they are esteemed to have no will of their own.” Paraphrase: “If one is beholden to Obama, FDR, LBJ et al. because of the “free stuff” they provide, one shall never vote.”

      “the people are nothing but a great beast…

      I have learned to hold popular opinion of no value.”

      – Alexander Hamilton

      “The true reason (says Blackstone) of requiring any qualification, with regard to property in voters, is to exclude such persons, as are in so mean a situation, that they are esteemed to have no will of their own.”

      “If it were probable that every man would give his vote freely, and without influence of any kind, then, upon the true theory and genuine principles of liberty, every member of the community, however poor, should have a vote… But since that can hardly be expected, in persons of indigent fortunes, or such as are under the immediate dominion of others, all popular states have been obliged to establish certain qualifications, whereby, some who are suspected to have no will of their own, are excluded from voting; in order to set other individuals, whose wills may be supposed independent, more thoroughly upon a level with each other.”

      – Alexander Hamilton, The Farmer Refuted, 1775

      1. The founders intended an amendment process and I support the amendments that increased voting rights (15, 19, and 26).

  15. California just dropped the weekly testing requirement for teachers. Alameda county (Oakland) is attempting to maintain a maskiing mandate and some urban school districts remain in a confusing flux over vax mandates, masking and testing. The feds just dropped their free testing program.

    The ham-fisted media blackout on vaccine injuries and deaths is part of the problem. Teens dying in their sleep and during athletic events are reported sporadically in local media and then some aggregators (always of the “alt right” persuasion it seems) report them. The “fact check” sites are really a problem because they are marinated in “lies of omission” like the case of the Canadian MDs at one hospitial who all died after getting vaccinated. The “fact check” sites all tell about the 4 who had pre-existing conditions but NOT the 2 healthy ones who died, one a 50-year-old marathon runner who died while running and the other a 27-year-old triathlete who died swimming.

    Meanwhile the remarkable record of prevention in Banglasdesh goes unreported. Look it up on the WorldOmeter, 20% death rate of comparable nations. They implemented the prevention protocol recommended by Dr. Peter McCullough which is online. The key being a nasal rinse with diluted OTC Povidone. It speaks volumes that McCullough is one of The Canceled Ones and no “authorities” say a word about this.

  16. Imagine for a moment that you are an attorney who is representing a business that says you must be vaccinated to work there sitting on your couch listening to Joe Biden say that the pandemic is over. You hear two sounds. First the sound of a thousand jaws dropping and second the sound of a thousand cash registers ringing for the people who have been wrongfully terminated. In loud unity these lawyers loudly exclaim, can’t they keep this idiot under wraps. Me be laughing out loudly.

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