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25th Amendment Push Intensifies Against Biden
Daily Signal ^ | February 21, 2024 | Fred Lucas

Posted on 02/22/2024 9:22:51 AM PST by Red Badger

Members of Congress continue to suggest that President Joe Biden should be removed under the 25th Amendment to the Constitution—even after a psychiatrist who led a national movement to oust his predecessor called cognitive decline “normal.”

Special counsel Robert Hur issued a report earlier this month finding that Biden “willfully retained and disclosed classified materials,” but recommending against prosecution because of Biden’s “diminished faculties in advancing age and his sympathetic demeanor.”

“It is sad that it got to this point, but America desperately needs capable leadership in the White House,” Sen. Mike Lee, R-Utah, told The Daily Signal in a written statement. “The safety of our country is at stake. Democrats who constantly strategized to remove Donald Trump from office outside of the electoral process seem strangely quiet now that their guy is clearly asleep at the switch.”

Dr. Bandy X. Lee (no relation), a forensic psychiatrist who edited the book “The Dangerous Case of Donald Trump: 37 Psychiatrists and Mental Health Experts Assess a President,” last week defended Biden in light of the Hur report.

“Cognitive decline is a normal part of aging,” Lee told The Daily Signal, and “very high levels of cognitive decline can be present without affecting fitness for duty.”

In December 2017, however, she reportedly briefed a dozen members of Congress about using the 25th Amendment to remove Trump from office.

Democrats defending Biden after Hur issued his report didn’t give a similar benefit of the doubt to Trump, his predecessor, Rep. Mary Miller, R-Ill., said.

“There has been a glaring double standard in defense of Joe Biden’s failing mental competency since the special counsel report revealed that Joe Biden is mentally unfit to serve in office,” Miller told The Daily Signal in a statement.

“The same people who questioned President Trump’s mental stamina after he passed a cognitive test are now defending Biden’s mental acuity—even after the report indicates serious concerns over his cognitive abilities,” the Illinois Republican said. “For the safety of our nation, Joe Biden must resign. He is not competent to remain as commander in chief and every day that he remains, he puts our national security at risk.”

The 25th Amendment allows for the vice president and a majority of Cabinet members to determine whether a president should be temporarily removed from office if he is deemed unfit to serve. It requires votes by two-thirds majorities of both houses of Congress to permanently remove the president.

“Special counsel Hur cited President Biden’s lack of mental fitness as an excuse not to prosecute him for willfully mishandling classified documents,” Sen. Josh Hawley, R-Mo., told The Daily Signal in a statement. “It’s time for [Attorney General Merrick] Garland to stop treating our commander in chief with kid gloves and either invoke the 25th Amendment or rightfully prosecute him.”

In a press conference after the report’s release, the president said his memory is fine and accused the special counsel of mischaracterizing him in the report.

White House press secretary Karine Jean-Pierre told reporters that media coverage of the effects of Biden’s age doesn’t reflect reality. Other administration officials noted that Biden’s two interviews with Hur’s investigative team came as the president was responding to Hamas’ terrorist attacks in Israel.

Rep. Claudia Tenney, R-N.Y., has called for the nation’s attorney general to take action. She sent a letter to Attorney General Merrick Garland on Feb. 8, the day the Hur report was released.

“Special counsel Hur’s report details that President Biden knowingly possessed classified documents, but even more alarming is the special counsel’s recount of the failing memory and mental capacity of the president,” Tenney told The Daily Signal.

“I recently sent a letter [to] Attorney General Merrick Garland, urging him and the rest of the Cabinet to uphold the Constitution and immediately initiate proceedings under the 25th Amendment to remove President Biden from office due to his severe cognitive decline,” Tenney said. “Either President Biden is fit to stand trial, or he is unfit to serve as president. There is no middle ground.”

Beyond the special counsel’s conclusion, mere observation of the president makes the case about his capacity, contends Rep. Mike Collins, R-Ga.

“Anyone who watches Joe Biden try to deliver a speech or climb stairs knows he’s not up to the job. The only reason you’d refuse a cognitive test is if you can’t pass it,” Collins told The Daily Signal.

It’s not only federal officials who are weighing in on the findings of the Hur report.

West Virginia Attorney General Patrick Morrisey, as a top law enforcement official in his state, wrote a Feb. 13 letter to Vice President Kamala Harris calling for her to convene Cabinet members to invoke the 25th Amendment.

“President Biden’s behavior and his public missteps—which are well documented—reveal that his diminished cognitive capacity absolutely impacts how he makes decisions,” Morrisey, a Republican, told The Daily Signal in a statement.

“If President Biden isn’t well enough to be charged, as stated in the Hur report, how is he well enough to be the chief executive of the United States? You can’t have it both ways,” Morrisey said. “We need a president who can handle the rigors of the office.”

Biden, according to Hur’s report, “did not remember when he was vice president, forgetting on the first day of the interview when his term ended … and forgetting on the second day of the interview when his term began.”

The report also stated: “He did not remember, even within several years, when his son Beau died.”

Although Biden expressed outrage during his Feb. 8 press conference that Hur’s team had brought up his son’s death in interviewing him, according to subsequent news reports citing sources close to the investigation, the president himself raised the subject in recalling his vice presidency.

State legislatures ratified the 25th Amendment in 1967, after the assassination of President John F. Kennedy four years earlier. Lawmakers crafted the amendment to address concern about what to do if the president were still alive but experiencing a health crisis.

Rep. Ronny Jackson, R-Texas, a former White House physician for Presidents George W. Bush, Barack Obama, and Donald Trump, last week called for Biden to take a cognitive test.

Jackson was more cautious about invoking the 25th Amendment, calling instead in the near term for Biden to take a cognitive test, as Trump did.

House Republican Conference Chairwoman Elise Stefanik, R-N.Y., and House Chief Deputy Whip Guy Reschenthaler, R-Pa., are among 83 House members who joined Jackson in calling for Biden to undergo a cognitive exam.

“The radical Left and their number one ally, the mainstream media, hounded me to administer a cognitive exam to President Trump, which I did, and he got a perfect score,” Jackson said.

“It is about time they do the same for President Biden. There is absolutely no comparison between Trump and Biden’s mental fitness.”

“There is a simple solution to the Biden administration’s problem: Administer a cognitive exam for the president,” the physician said. “If he is unable or unwilling to sit for an exam, then his Cabinet should start the process of invoking the 25th Amendment.”

Sen. Rick Scott, R-Fla., has said that Biden’s press conference defending his mental competency proved the need for using the process prescribed by the 25th Amendment.

Specifically, the 25th Amendment allows for the vice president and a majority of Cabinet secretaries to determine whether a president is physically or mentally unfit to carry out the duties of the office. If the president is deemed unfit, the vice president would become acting president on a temporary basis.

Under the amendment, Congress could remove the president from office permanently with a two-thirds vote of both the House and Senate. That is a higher bar than for impeachment, which requires only a simple majority in the House to vote for an impeachment trial and possible removal in the Senate.

What’s different about the political commentary in the “Dangerous Case of Donald Trump” and calls for invoking the 25th Amendment in Biden’s case?

There was no formal finding—legal or psychological—regarding Trump’s mental competency to be president. Although the Hur report’s appraisal of Biden isn’t a medical or psychological finding, it formally documents Biden’s mental capacity at a time when polls show two-thirds of Americans say they don’t believe Biden is mentally fit to serve as president.

Posts on social media frequently mock Biden for appearing confused on stage or for being led off stage by first lady Jill Biden.

Trump announced in 2020, his last year as president, that he had taken a cognitive test. Neither Trump nor Biden were evaluated by medical professionals for mental fitness, however.

Making a determination about either could violate the “Goldwater Rule,” which prevents psychiatrists and psychologists from offering a “professional opinion unless he or she has conducted an examination and has been granted proper authorization for such a statement.”

The American Psychiatric Association adopted the rule after a group of partisan Democrats identified as psychology professionals declared that 1964 Republican presidential candidate Barry Goldwater was “psychologically unfit to be president.”


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; Politics/Elections
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1 posted on 02/22/2024 9:22:51 AM PST by Red Badger
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To: Red Badger

It’s PAST time to remove the cheating usurper Brandon from power!


2 posted on 02/22/2024 9:23:43 AM PST by No name given (Anonymous is who you’ll know me as)
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To: Red Badger

Do you really believe the 25th would ever be used against a Dem? Think again.


3 posted on 02/22/2024 9:26:30 AM PST by devane617 (Discipline Is Reliable, Motivation Is Fleeting..)
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To: Red Badger

Leave lunch bucket Joe alone. Let it play out


4 posted on 02/22/2024 9:27:31 AM PST by TornadoAlley3 ( I'm Proud To Be An Okie From Muskogee)
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To: Red Badger

I hope the retard stays in through his term.


5 posted on 02/22/2024 9:29:54 AM PST by EEGator
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To: Red Badger

Well we gotta do something to level the playing field against that Azho. If the RATs are going to continue their warfare against President Trump and the azhos at the “DOJ” continue to refuse to indict the Bidenskyyyyyyyyyyyyy crime family, we’ve got to do something to make the next stolen election semi-fair.


6 posted on 02/22/2024 9:29:58 AM PST by FlingWingFlyer (John Oliver is a racist liberal biatch.)
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To: devane617

Republicans want the Democratic appointed officials to invoke the 25th amendment.

That is like Freepers asking Putin to resign.

They have no power to affect action in the real world.

It means nothing.


7 posted on 02/22/2024 9:32:02 AM PST by cgbg ("Our democracy" = Their Kleptocracy)
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To: Red Badger

I don’t want Kamala, but it would be poetic justice to have happen to Biden what the left screamed to happen to Trump.


8 posted on 02/22/2024 9:32:06 AM PST by fwdude (.When unarmed Americans are locked up for protesting a stolen election, you know it was stolen.)
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To: Red Badger

It has been reported that Biden has had a discussion with his cabinet regarding the 25 th amendment. Followed by a conversation with his bookcase and an argument with a chair. All this prior to a meeting with Winston Churchill.


9 posted on 02/22/2024 9:37:11 AM PST by Cautious Optimism
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To: Red Badger
We need a legal interpretation of "removed from office" in the context of the 25th amendment.

The actual text of the 25th amendment refers to "discharge the powers and duties of his office" and "Acting president," but nowhere speaks to "removing" the President and vacating the office.

The 25th amendment goes on to say "within twenty one days after Congress is required to assemble, determines by two thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President..."

Does this mean that the President remains in an "unable" state for the remainder of his term, that "such powers and duties shall be discharged by the Vice President as Acting President," and that the Vice Presidency is not vacated while the Vice President is Acting President?

-PJ

10 posted on 02/22/2024 9:38:39 AM PST by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: Political Junkie Too
Does this mean that the President remains in an "unable" state for the remainder of his term, that "such powers and duties shall be discharged by the Vice President as Acting President," and that the Vice Presidency is not vacated while the Vice President is Acting President?

Yes. The Acting President wears two hats.

11 posted on 02/22/2024 9:42:57 AM PST by Publius
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To: Red Badger

Would “President” Heels Up Harris prevail in November? Would Heels Up even be the nominee in November?


12 posted on 02/22/2024 9:47:29 AM PST by Gay State Conservative (Proudly Clinging To My Guns And My Religion)
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To: Red Badger

Dems and a TV ad by Nikki Haley are using the ploy of saying Biden and Trump are too old——both of them. People who are old are unable to contribute to society.

BS

I really resent Nikki slandering ME and other older people as useless. That is ageism which is like racism and sexism.

I hate them for that slander and I will not forget this.


13 posted on 02/22/2024 9:47:31 AM PST by frank ballenger (There's a battle outside and it's raging. It'll soon shake your windowdirecs and rattle your walls.)
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To: Publius
That's what I thought.

That why I think these articles are written incorrectly and must stop using the phrase "removed from office."

-PJ

14 posted on 02/22/2024 9:48:06 AM PST by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: Gay State Conservative

Not without a huge fight!.

If they think they are going to get rid of Biden Jill will put up a huge fight.

If they think they are going to get rid of Harris and replace her with Newsom she will stir up the black Dems.

..........................


15 posted on 02/22/2024 9:50:38 AM PST by Red Badger (Homeless veterans camp in the streets while illegals are put up in 5 Star hotels....................)
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To: Red Badger
“Cognitive decline is a normal part of aging,” Lee told The Daily Signal, and “very high levels of cognitive decline can be present without affecting fitness for duty.”

I wonder if that includes psychiatrists.

16 posted on 02/22/2024 9:50:54 AM PST by Gay State Conservative (Proudly Clinging To My Guns And My Religion)
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To: TornadoAlley3

It’s obvious the rat/MSM Biden protection fortress will hold. They love having a lying puppet as President he is going nowhere.


17 posted on 02/22/2024 9:52:29 AM PST by gibsonguy
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To: Red Badger

Kind of a self defeating exercise. If the 25th amendment were ever activated on Biden, it would mean Harris becomes acting president. Great idea.


18 posted on 02/22/2024 9:53:19 AM PST by hinckley buzzard ( Resist the narrative. )
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To: Gay State Conservative

I wonder if that includes airline pilots?

I wonder if that includes Neuro Surgeons?

I wonder if that includes EOD personnel?.......................


19 posted on 02/22/2024 9:55:21 AM PST by Red Badger (Homeless veterans camp in the streets while illegals are put up in 5 Star hotels....................)
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To: Political Junkie Too

Yes...................


20 posted on 02/22/2024 9:56:02 AM PST by Red Badger (Homeless veterans camp in the streets while illegals are put up in 5 Star hotels....................)
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