Republicans float far-fetched 25th Amendment plan to oust Biden over Kabul debacle

·4 min read
Republicans float far-fetched 25th Amendment plan to oust Biden over Kabul debacle

Some Republicans are floating an improbable use of the Constitution’s 25th Amendment to remove President Joe Biden from office in the wake of the United States’s chaotic withdrawal from Afghanistan amid a Taliban takeover of the country’s capital of Kabul over the weekend.

“After the disastrous events in Afghanistan, we must confront a serious question: Is Joe Biden capable of discharging the duties of his office or has time come to exercise the provisions of the 25th Amendment?” Florida Republican Sen. Rick Scott tweeted on Monday.

Republican New York Rep. Claudia Tenney also pushed for setting up the process for removing Biden through the constitutional process.


“Last year, my colleague Jamie Raskin stated ‘The 25th Amendment was adopted 50 years ago, but Congress has never set up the body it calls for to determine presidential fitness in the event of physical or psychological incapacity. Now is the time to do it.’ Well, NOW is the time,” Tenney tweeted on Monday.

“It is now clear our Commander In Chief & his administration are incapable of or unwilling to perform their duties. If Biden does not resign, it is time for Congress to take action. Our military can’t be led in this manner, it is a national security disaster waiting to happen,” she added.

House Speaker Nancy Pelosi in October 2020, following then-President Donald Trump’s admittance to the hospital with the coronavirus, pushed for a bill calling for the creation of a "Commission on Presidential Capacity to Discharge the Powers and Duties of Office." The bill, widely viewed as a statement during the height of campaign season, did not advance in the House during the last Congress.

It is highly unlikely that Biden would be removed from office through the process outlined in the 25th Amendment, which governs the line of succession in the event of the president’s death or resignation and how the vice president can assume the president’s duties.

Section 4 of the amendment says that if the vice president and a majority of the president’s Cabinet “or of such other body as Congress may by law provide” agree that the president “is unable to discharge the powers and duties of his office,” then the vice president shall become acting president.

Not only is it highly unlikely that Vice President Kamala Harris and Biden’s Cabinet would make that move over the Afghanistan withdrawal, but the process does not end there.

The president can then argue that he does, in fact, have the ability to execute the duties of his office. Congress would then assemble to debate the issue, and the vice president could only then assume the president’s duties by a two-thirds vote of both houses of Congress.

Democratic majorities in the House and the Senate make that scenario highly unlikely, too.

Use of the 25th Amendment, however remote a possibility, was also frequently floated as a means to take Trump from power, particularly in the aftermath of the Jan. 6 attack on the Capitol.

Other Republican commentators have previously suggested using the 25th Amendment to take Biden out of power for other reasons, such as accusations that the 78-year-old president does not have the mental capacity to lead the country.

“I think he’s either going to resign — they’re going to convince him to resign from office at some point in the near future for medical issues — or they’re going to have to use the 25th Amendment to get rid of this man,” Texas Rep. Ronny Jackson, a former White House physician, said on Fox News last month.


Jackson reiterated his call to invoke the 25th Amendment on Monday.

“Remember when I said it was time to consider the 25th Amendment and the LIARS in the liberal press ATTACKED me? I wonder what they think now after Biden is very OBVIOUSLY mentally incapable of leading during a crisis. Something MUST be done!” Jackson tweeted on Monday.

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Tags: News, Congress, Republicans, Joe Biden, Afghanistan, 25th Amendment

Original Author: Emily Brooks

Original Location: Republicans float far-fetched 25th Amendment plan to oust Biden over Kabul debacle