President Joe Biden could be sued for the dozens of times his dogs have bitten Secret Service agents, several legal experts have said.
Peter Shane, a constitutional law professor at New York University, told Newsweek that it is unlikely Biden could claim presidential immunity for the vicious attacks by German shepherds, Major and Commander.
"I think it would be tough to claim presidential immunity here. The claim would have to be that the training and supervision of the family's dogs somehow fell within the outer perimeter of the president's official duties. Not sure what duty the dogs would relate to," he said.
Shane said that Biden might escape a lawsuit if there is an "independent restriction on the legal entitlement of Secret Service agents to sue for on-the-job injuries".
Newsweek sought email comment from the White House on Thursday.
Major was sent to live with family friends and was replaced by Commander after several bites. Secret Service agents walk White House dogs as part of their daily routine.
Secret Service documents released under the Freedom of Information Act on Tuesday show that Commander has an even worse record and bit agents on at least 24 occasions between October 2022 and July 2023.
They were bitten on the wrist, forearm, elbow, waist and chest.
A Newsweek review of the documents shows that one Secret Service agent was bitten on the magazine pouch of his gun.
Ten of the Commander's bites required treatment by the White House Medical Unit.
One agent was bitten on the thigh in November 2022. The place where that agent was bitten had been redacted in the files but they were treated in the White House Medical Unit and in some other redacted location.
One agent had to get stitches to the arm after a "deep bite" in June 2023. Tours of the White House East Wing were suspended for 20 minutes while the blood was being mopped up, one of the documents shows.
One June 2023 email shows that the Secret Service changed security procedures as a result of that attack.
"The recent dog bites have challenged us to adjust our operational tactics when Commander is present—please give lots of room," an unnamed assistant special agent in charge of the Secret Service Presidential Protective Division wrote to their team.
The Secret Service material included a picture of an agent's shirt that was badly ripped by Commander.
In July, another agent was bitten in the hand and required six stitches. The bite caused a "severe deep open wound" and the agent "started to lose a significant amount of blood", one email showed.
This agent was given a "small care package" by colleagues as a present, including painkillers, antibiotic ointment, pepper spray, a muzzle and dog biscuits "for safety purposes".
Commander left the White House in October 2023, one week after a Secret Service agent required medical treatment for a severe bite.
That last bite appears to have been to an agent's left arm in the Kennedy Garden of the White House.
A statement from the office of First Lady Jill Biden said they had tried a number of measures to address the problem but gave up in the autumn and sent him to live with relatives.
"Despite additional dog training, leashing, working with veterinarians, and consulting with animal behaviorists, the White House environment simply proved too much for Commander," the statement said.
The documents are Secret Service records and do not cover other staff that work in the White House or Camp David in Maryland. One of Commander's bites occurred at Camp David, the records show.
Jonathan Turley, a professor at George Washington University in Washington, D.C, said that Biden has opened himself to litigation for repeated failures to stop the bites.
"If there was just one dog, it could be discounted as a problem pet. The Bidens have multiple dogs which developed the same vicious propensity," Turley wrote on his website.
"If these attacks were litigated, I have little doubt that the Bidens would be held liable if they were an average family. Indeed, I would expect a court to seriously consider an order barring the possession of dogs in the future or requiring training classes not only for the dogs but for the Bidens," he added.
Turley wrote that the Bidens would be held liable if litigation ensues.
"I have taught torts for three decades, including animal liability. In that time, I have never come across a case with such a long history of dog attacks from multiple animals in one family. There is no question that the Bidens would be strictly liable in these attacks, but have been allowed to escape such liability due to the fact that this is the official residence," Turley wrote.
"In other words, the Bidens would likely be viewed as knowing the vicious propensity of Commander and subject to strict liability. They showed a pattern of knowledge and a lack of precautions not just with regard to this dog but all of their dogs," Turley added.
Uncommon Knowledge
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About the writer
Sean O'Driscoll is a Newsweek Senior Crime and Courts Reporter based in Ireland. His focus is reporting on U.S. law. ... Read more
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