Dem Calls For 25th Amendment Against Trump Come Back To Haunt

Authored by Susan Crabtree via RealClear Wire,

Thursday’s news crescendo ending in a calamitous presidential press conference carried hidden lessons for both parties: Be careful what you wish on your political enemies. It could monumentally backfire.

The Democrats’ continuous calls during his four years in office to use the 25th Amendment to remove President Trump from office on the presumed grounds of mental instability took a disastrous turn this week, as the effort self-combusted in a Hindenburg-sized blowback.

In October 2020, before Joe Biden was elected president and three months before Trump supporters stormed the U.S. Capitol, then-House Speaker Nancy Pelosi held a press conference. She was touting a bill to create a bipartisan commission that could determine a sitting president’s ability to carry out the duties of the office.

The original bill’s author was Rep. Jamie Raskin, a Maryland Democrat and former constitutional lawyer who would go on to lead the second Senate impeachment trial of Donald Trump. In Pelosi’s eerily portentous remarks, she said the measure wasn’t explicitly aimed at Trump, but his mental health “reminded” Democrats of why such a commission was needed.

“This is not about President Trump. He will face the judgment of the voters, but he knows the need for us to create a process for future presidents,” she said. “This legislation applies to future presidents, but we are reminded of the necessity of action by the health of the current president.”

The measure would have augmented the 25th Amendment, which provides procedures for transferring power to the vice president in case of the president’s death, incapacitation, removal, or resignation. It would set up a commission of 16 members chosen by Democrats and Republicans, who are medical experts or former high-ranking executive branch officials such as former members of a president’s Cabinet. The commission’s members would then select a 17th member, who would serve as chairperson.

Pelosi and many Democrats regularly raised the issue of the 25th Amendment during Trump’s tenure as president, more as a way to question his judgment and mental acuity amid the 45th U.S. president’s furious Twitter rants and frequent acts of retribution and name-calling.

Many Democrats have long questioned whether Trump suffers from cognitive decline, and recently, the former president provided more fodder by confusing Nikki Haley with Pelosi herself in accusing the former ambassador to the United Nations of being responsible for security at the Capitol during the pro-Trump riots.

But the Democratic digs at Trump’s mental health were far trickier after the party’s leaders coalesced around Joe Biden as the Democratic 2020 presidential nominee and suddenly were forced to fend off far worse public perceptions of Biden. Once elected, his stairway falls, mangled words, and misidentified world leaders made the task all the more difficult.

Now the tables have decisively turned. Republicans are now beating the drum for invoking the 25th Amendment after Special Counsel Robert Hur released a damning report. The findings accused Biden of “willfully” keeping classified documents in his Delaware home but declined to charge the president because his deteriorated mental state made him impossible to prosecute. Jurors would view him only as a “well-meaning, elderly man with a poor memory,” Hur asserted in his report.

Legal experts and hardline Republicans erupted with calls for Biden’s removal from office, citing Hur’s claims that Biden struggled to remember events such as when his term began and ended as vice president and when, within several years, his son Beau died.

“The Special Counsel’s report exposing that Joe Biden’s mental decline is so severe that he can not stand trial means he is unfit for office,” Rep. Marjorie Taylor Greene, a Georgia Republican, posted on X.com. “We must demand either the 25th amendment be invoked or impeachment.”

Several other members of the House Freedom Caucus, a conservative group that helped remove House Speaker Kevin McCarthy in December, quickly amplified the calls. Rep. Mary Miller, an Indiana Republican, painted a dire situation, deeming Biden’s removal from office a matter of national security.

“For the safety of our nation, Joe Biden must resign,” Miller wrote. “He could not remember basic facts about his life. He is not competent to remain as Commander-in-Chief & every day that he remains, he puts America at risk.”

Speaker Mike Johnson and the entire House GOP leadership also waded in, issuing a joint statement that concluded: “A man too incapable of being held accountable for mishandling classified information is certainly unfit for the Oval Office.”

Johnson then doubled down after Biden decided to take the questions head-on at a hastily assembled press conference in which he angrily sparred with reporters questioning his mental abilities and mistakenly called Egyptian President Abdel Fattah el-Sisi the “president of Mexico.”

“The President’s press conference this evening further confirmed on live television what the Special Counsel outlined,” the Speaker said on X. “He is not fit to be President.” Two conservative GOP senators, Mike Lee of Utah and Rick Scott of Florida, joined the chorus. “It’s time for his cabinet to invoke the 25th Amendment,” Scott tweeted.

Scott acknowledged just how unlikely such an outcome would be, considering the rules for removing a president outlined in the constitutional amendment and the politics of doing so in an election year. A president can only be removed if he agrees to resign or if the vice president and a majority of presidential Cabinet members agree that he must leave office. And that’s just the first step.

Under such a scenario, the president can still resist and insist he’s competent to lead the nation. If the vice president and a majority of the Cabinet still disagree, they must wait four days before the 25th Amendment faces further nearly insurmountable hurdles. Successfully removing a president requires the support of two-thirds of the House and the Senate.

Why does the process give the president so much control over his ability to remain in office? The 25th Amendment’s authors crafted the process to maintain the power of the presidency and to prevent partisan political forces from manipulating it as an end-run around impeachment.

“It reflects a preference for giving the president the ability to be the main decision-maker here,” explained Brian Kalt, a professor of Michigan State University College of Law and the author of “Unable: The Law, Politics, and Limits of Section 4 of the Twenty-Fifth Amendment.”

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