Last week, Bailey made news when federal judge Stephen Limbaugh, a George W. Bush appointee, ruled in favor of Missouri in a $24 billion lawsuit. Bailey says the ruling holds China accountable for the spread of COVID-19, the loss of life, and economic devastation, that followed.
Also last week, Bailey called for a Department of Justice investigation into whether President Joe Biden’s cognitive decline allowed unelected staff to push through “radical” policy without his knowing approval.
“If true, these executive orders, pardons and all other actions are unconstitutional and legally void,” he wrote on X.
The ruling against China comes five years after Bailey’s predecessor, former Missouri AG Eric Schmitt, filed the lawsuit against China for “obstructing the production, purchase and export of critical medical equipment, including PPE, during the pandemic,” Bailey’s office wrote.
The China verdict is a “groundbreaking piece of litigation,” Bailey said on American Family Radio Tuesday.
In his ruling, Limbaugh wrote that the “Court finds that Missouri has provided evidence satisfactory to the Court to establish reach defendant’s liability to Missouri under Count IV of Plaintiff’s Complaint.”
The Court entered a judgment against the defendants, jointly and severally, in the amount of $24,488,825,457.00. Plus interest, Limbaugh wrote.
Lengthy list of defendants
The lawsuit named as defendants: The People’s Republic of China; the Communist Party of China; the National Health Commission of the People’s Republic of China; the Ministry of Emergency Management of the People’s Republic of China; the Ministry of Civil Affairs of the People’s Republic of China; the People’s Government of Hubei Province; the People’s Government of Wuhan City; the Wuhan Institute of Virology and the Chinese Academy of Sciences.
“We can point directly towards the Chinese Communist government as perpetrating this pandemic on the world," Bailey told show host Jenna Ellis. "They created the virus, unleashed it on the world, suppressed evidence the world needed to respond to the virus, then created medical equipment, and then hoarded that medical equipment instead of supplying it in the open market exchange to states like Missouri. That harmed Missouri."
Limbaugh never states China was accountable for the pandemic in the otherwise landmark ruling. That’s because an appeals court ruling narrowed the accusations the lawsuit could bring, saying they must be limited to accusations of supply hoarding after the lawsuit previously accused China of hiding information about the origins of the pandemic, Fox News reported.
Ultimately, the appeals court sided with Missouri after a lower court had thrown out the lawsuit.
“This isn’t some crackpot legal theory,” Bailey said.
President Gerald Ford in 1976 signed the Foreign Sovereign Immunities Act. It defines the jurisdiction of U.S. Courts in lawsuits against foreign states and determines circumstances in which they are shielded by immunity.
The act was well-studied and considered in relation to Missouri’s claim, Bailey said.
A plan for China's yuan
Moving ahead, a judgement is one thing, collection is another. Bailey has a plan for that, too.
“China does business in the United States. They had to know they were subject to the laws of the United States of America. They were served notice of this litigation and provided an opportunity to be heard and offer mitigating evidence or defense, but they couldn't be bothered to show up,” Bailey said.
Collection will come through seizure of Chinese assets across the U.S., most notably farmland, Bailey said.
China’s Ministry of Foreign Affairs this week said it does not recognize the authority of the ruling, The Associated Press reported. It called the lawsuit “absurd” when it was filed in 2020.
While critics deride the lawsuit, it’s stronger when the United States are really united, Bailey said.
“Twenty-four billion is a lot of money to the people of the state of Missouri. It's probably not a lot money to the nation of China. But if you get New York, California, Texas, Pennsylvania, other more populated states whose harms, the harms they suffered were greater because they have larger populations, then you cobble together multiple judgments. That starts to make a real impact,” he said.
Investigating Biden’s enablers
The China lawsuit has yielded a tangible result.
The call for a DOJ investigation into Biden’s enablers during an obvious cognitive decline, though real in the form of a letter from Bailey to Michael Horowitz, the DOJ Inspector General, is more about creating the conversation, Bailey said.
Rules and regulations governing the office of the Inspector General require confidentiality of work and investigations from the IG.
“We may not know for some time,” Bailey said, whether Horowitz, confirmed in 2012 during the Obama administration, and his staff have taken on the assignment.
“This was more an issue of putting this on the radar and beginning to have the conversation to try to demand transparency and to establish the fact that we're talking about a fraud perpetrated on the American people of constitutional proportion,” he said.
On a less grand scale, private wills are routinely challenged across the U.S. for this very reason, to determine the strength of mind of individuals at the time of their passing, Bailey said.
“This is worse because we’re not talking about the dispersion of assets. We’re talking about the exercise of constitutional authority that is vested in a singular president of the United States.”
In advancing the conversation, Bailey is asking the question that many Americans asked as they witnessed their elected president’s diminished abilities on television and social media.
“So, if Joe Biden wasn't signing documents, didn't know what he was signing, didn't understand the implications, who was running the government?” Bailey asked.
Last week The Oversight Project, an initiative within The Heritage Foundation, shared what it said were comparison's of Biden's "autopen" signature on most documents -- the computer-generated signing of one's name -- with the signature to the letter announcing he was dropping out of the presidential race. Their noticeable differences, when combined with the visible decline that caused him to drop out, raise concerns to the validity of documents signed via autopen.
“Those people need to be identified and held accountable, and again, it calls into question the legal validity of all of the documents that President Biden signed," Bailey said.
