When Should the 25th Amendment Have Been Invoked?

[Van]

Of course a search of statements during the 2020 campaign might support identification of Mr. Biden's mental decline, but since they may have been overstated for political advantage, perhaps those should be discounted.

And certainly we can find statements made this year (2024) where his decline is claimed. But before his condition became known to those willing to reveal it, it probably became know to his family and close advisors.

Unscripted wide ranging interview, like a "town hall" were curtailed after the 2022 election, so I believe the 25th Amendment should have been, at least privately, discussed between the Vice President, the Cabinent, and his family.

Thus, on the basis of inference, the Vice President might be impeached for dereliction of duty, or in the words of the Constitution, "other High Crimes and Misdemeanors." Of course evidence would need to be collected from the last 2 1/2 years, from publicly available information, and by subpoena, communications within the Democrat Administration and/or between the Administration of the Congress.

 

[Deacon]

At this point, the Republicrats will sit back and let dem socialist’s fight it out amongst themselves.
Whatever transpires, our nation is the looser.

When 0bama chose Biden as VP, I thought it was a brilliant move…
0bama’s opponents would be less likely to try and replace him since they knew that Biden was so incompetent. It worked, no votes for impeachment were successful.

What a surprise when Biden fell into the presidency.
And Biden doubled-down and chose an even weaker VP.
No votes for impeachment will occur with Harris backing Biden up.

Biden isn’t and never was a leader. He’s a pusher.
He knows (knew) how to use the political system to his advantage.
Now that he’s entrenched and addled, the system is using him.

Rob

 

[Van]

Yes, evil candidates for President might be motivated to choose someone unqualified to be President as an insurance policy against impeachment. But I think VP Harris was chosen because she was a "black women" and brought megabucks from the California donor class.

 

[Earth Wind and Fire]

 

[Earth Wind and Fire]

At this point, the Republicrats will sit back and let dem socialist’s fight it out amongst themselves.
Whatever transpires, our nation is the looser.

When 0bama chose Biden as VP, I thought it was a brilliant move…
0bama’s opponents would be less likely to try and replace him since they knew that Biden was so incompetent. It worked, no votes for impeachment were successful.

What a surprise when Biden fell into the presidency.
And Biden doubled-down and chose an even weaker VP.
No votes for impeachment will occur with Harris backing Biden up.

Biden isn’t and never was a leader. He’s a pusher.
He knows (knew) how to use the political system to his advantage.
Now that he’s entrenched and addled, the system is using him.
Rob

Like a drug salesman, peddling drugs to addicts? No I see him as a lieing, underhanded criminal who is good at perpetuating myriad hoaxes on the US citizens in order to drive us into a ditch. He is a scoundrel and a swindler

 

[canadyjd]

If I remember correctly, Woodrow Wilson had a massive stroke in office, but I can’t recall if he died, or resigned, or 25th?

I really don’t think 25th has ever been used, but I would think something like a massive stroke, or debilitating injury.

Mixing up words, forgetting things… nah I don’t think POTUS is at 25th level just yet. He is still functioning well enough to remain POTUS.

peace to you

 

[kyredneck]

If I remember correctly, Woodrow Wilson had a massive stroke in office, but I can’t recall if he died, or resigned, or 25th?

FYI:

When a secret president ran the country | PBS News

"...What would surprise most Americans today is how the entire affair, including Wilson’s extended illness and long-term disability, was shrouded in secrecy. In recent years, the discovery of the presidential physicians’ clinical notes at the time of the illness confirm that the president’s stroke left him severely paralyzed on his left side and partially blind in his right eye, along with the emotional maelstroms that accompany any serious, life-threatening illness, but especially one that attacks the brain. Only a few weeks after his stroke, Wilson suffered a urinary tract infection that threatened to kill him. Fortunately, the president’s body was strong enough to fight that infection off but he also experienced another attack of influenza in January of 1920, which further damaged his health.

Protective of both her husband’s reputation and power, Edith shielded Woodrow from interlopers and embarked on a bedside government that essentially excluded Wilson’s staff, the Cabinet and the Congress. During a perfunctory meeting the president held with Sen. Gilbert Hitchcock (D-Neb.) and Albert Fall (R-N.M.) on Dec. 5, he and Edith even tried to hide the extent of his paralysis by keeping his left side covered with a blanket....."

"...What remained problematic was that in 1919 there did not yet exist clear constitutional guidelines of what to do, in terms of the transfer of presidential power, when severe illness struck the chief executive...."

"... it was not until 1967 that the 25th Amendment to the Constitution was ratified, which provides a more specific means of transfer of power when a president dies or is disabled. Parenthetically, many presidential health scholars continue to argue that even the 25th Amendment is not clear enough in terms of presidential succession and needs revision, especially in the face of 21st century medicine and the increased chances of surviving major illnesses with severe and impairing disabilities...."

 

[JonC]

Of course a search of statements during the 2020 campaign might support identification of Mr. Biden's mental decline, but since they may have been overstated for political advantage, perhaps those should be discounted.

And certainly we can find statements made this year (2024) where his decline is claimed. But before his condition became known to those willing to reveal it, it probably became know to his family and close advisors.

Unscripted wide ranging interview, like a "town hall" were curtailed after the 2022 election, so I believe the 25th Amendment should have been, at least privately, discussed between the Vice President, the Cabinent, and his family.

Thus, on the basis of inference, the Vice President might be impeached for dereliction of duty, or in the words of the Constitution, "other High Crimes and Misdemeanors." Of course evidence would need to be collected from the last 2 1/2 years, from publicly available information, and by subpoena, communications within the Democrat Administration and/or between the Administration of the Congress.

I'm not sure that Harris would do it, at least not with an election so close.

The Vice President and Cabinet (or body approved by Congress) has to first evoke the Amendment. Then the VP is in charge. But if the President denies a disability exists then he's back in charge until the VP and Cabinet jointly object (they have 4 days). When they do then it goes to Congress and to expel the President takes 2/3 vote from the House and Senate.

I don't think this will happen. Harris is better off politically to chance a win and get rid of him later.

 

[Van]

I'm not sure that Harris would do it, at least not with an election so close.

The Vice President and Cabinet (or body approved by Congress) has to first evoke the Amendment. Then the VP is in charge. But if the President denies a disability exists then he's back in charge until the VP and Cabinet jointly object (they have 4 days). When they do then it goes to Congress and to expel the President takes 2/3 vote from the House and Senate.

I don't think this will happen. Harris is better off politically to chance a win and get rid of him later.

I agree, the ship has sailed as far as the Democrat following the intent of the 25 Amendment. In rereading my suggestion VP Harris might be impeached for failing to activate the "incapacity clause" that of course is also a pipe dream, as the Senate is controlled by the Democrats, and if the GOP takes control, it is very likely Trump/Vance will too.

 

[Baptizo]

January 20, 2021