Let’s go straight to the fact-check

Having been coached in recent days on the art of fact-checking alleged instances of the mental debility of President Biden, I want to apply what I have learned. Most recently, Republicans have pounced on President Biden’s apparently confused answer to a question posed at yesterday’s press briefing (transcript here, video below).

The reporter asked Biden: “Mr. President, on Title 42, sir, are you considering delaying lifting Title 42?” Biden responded:

No. What I’m considering is continuing to hear from my — my —

Well, first of all, there’s going to be an appeal by the Justice Department because, as a matter of principle, we want to be able to be in a position where if, in fact, it is strongly concluded by the scientists that we need Title 42, that we be able to do that.

But there has been no decision on extending Title 42.

Thank you.

Title 42 is a reference to the Trump-era CDC rule authorizing the summary expulsion of immigrants crossing at the border because of Covid-19. The Biden administration has set to terminate the relevant Title 42 order on May 23. In his answer Biden referred to an appeal of the ruling against the CDC mask mandate earlier this week.

Did Biden misspeak? There is no evidence that anyone who heard Biden’s remarks was confused by them. In context, Biden was obviously referring to the court decision holding the CDC mask mandate illegal. As Biden stated, the Department of Justice has announced its appeal of the ruling. Everyone understood the reference

Biden himself promptly clarified his “refer[ence] to the CDC’s mask mandate,” adding that “there is no Department of Justice action on Title 42.” Title 42 is not even within the jurisdiction of the Department of Justice. On Title 42 there is no judicial ruling it could appeal.

Those present understood perfectly well what Biden meant. Biden’s correction simply clarified what everyone already understood. We find the allegation of miscommunication and confusion to be FALSE.

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