A) User’s Manual to Pelosi’s Bill on the 25th Amendment And a President’s Fitness for Office
B) House Speaker Nancy Pelosi (D-CA) and Rep. Jamie Raskin (D-MD) today introduced a bill which could modify conditions under which a President is sidelined from office if he or she is judged to be unfit.
C) The U.S. ratified the 25th Amendment to the Constitution in 1967 to address this issue.
D) Section 3 of the 25th Amendment allows a President to voluntarily transfer power to the Vice President, if say, he or she were undergoing surgery or a medical procedure. This happened in 1985 with President Ronald Reagan and in 2002 with President George W. Bush.
E) Section 4 of the 25th Amendment calls for a President to be sidelined if he’s deemed unfit for office. Such a situation could stem from an unforeseen incident, such as an accident or a medical emergency.
F) The 25th Amendment should have been invoked in March, 1981, after the assassination attempt on President Reagan’s life and his subsequent surgery.
It never was.
G) Section 4 also provides a mechanism for the President to be stripped of his powers involuntarily if “the President is unable to discharge the powers and duties of his office.” Such verbiage could cover a variety of issues.
H) President Trump and other loyalists are portraying the Pelosi/Raskin legislation as “a coup” or “impeachment 2.0.”
I) One may certainly question why Pelosi would allow Democrats, already doing well in the polls, to be sidetracked by such a discussion, just weeks before the election.
J) “This is not about President Trump. He will face the judgment of the voters. But this shows the need for us to create a process for future Presidents,” said Pelosi.
K) That may be. But frankly, this was, as they say in the military, “psy-ops” by Pelosi. She was clearly trying to bring attention to what Democrats see as problematic conduct by the President of late - and - rent space inside the President’s head.
L) But to be clear: This plan introduces today in no way attempts to remove him from office or sidetrack him because of his positive coronavirus test.
M) Under Section 4, The Vice President and a majority of the cabinet may vote to transfer power to the Vice President if they judge the President to be incapacitated. But Section 4 includes a provision where “Congress may by law” insert itself into the process.
N) The legislation unveiled today gives Congress a say in removing a President. The bill would create a 17-person commission (16 members, plus a chair) to decide the fitness of the President.
O) Two of the three entities – the Vice President, the cabinet and/or the commission established by this legislation – would have to decide if the President was unfit to serve.
P) Again, this is legislation. It must move through the House and Senate and be signed by a President. Pelosi indicated today this was legislation the House may address next year.
Q) And, Congress is potentially able to implement this via law, not by amending the Constitution, because of the provision in Section 4 permitting Congress to pass a law to get involved in the process itself.
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1) One dominating factor could delay the confirmation of Amy Coney Barrett for the Supreme Court: coronavirus.
2) 3 senators – 2 of whom are mbrs of the Judiciary Cmte – tested positive. Some senators will attend Barrett’s confirmation hrngs in person next wk. Some will beam in. But there is no requirement for senators to be there to actually pose questions to the nominee
3) But, lingering quarantines or additional positive cases could pose problems for a speedy confirmation of Barrett. The first issue comes in the Judiciary Committee itself.
A) Judiciary Cmte mbrs Leahy/Booker/Harris write to Graham. Don't want Barrett to proceed unless they impose testing procedures. Say "don’t risk the health and safety of fellow Senators, Senate staff, other Senate employees, as well as Judge Barrett and her family.
B) Leahy/Booker/Harris to Graham: Without these precautionary measures in place, Senators, Senate staff, press, Judge Barrett and her family will face a serious, unnecessary risk of contracting COVID-19.
C) Leahy/Booker/Harris to Graham: Absent these protocols, you are ignoring CDC best practices and may force Senators to participate in this hearing remotely which, for such a consequential hearing, would be entirely unprecedented.
1) So, we are off to the races again with the coronavirus talks…which are apparently on….even though, they were never really off.
2) House Speaker Nancy Pelosi (D-CA) and Treasury Secretary Steve Mnuchin have spoken multiple times since President Trump declared Tuesday afternoon he was putting an end to the negotiations and that he would wait until after the election to work on a deal.
3) Pelosi and Mnuchin spoke again by phone about 40 minutes after Mr. Trump supposedly torpedoed the talks.
1) The Hitchhiker's Guide to the 25th Amendment to the Constitution
2) House Speaker Nancy Pelosi (D-CA) and Rep. Jamie Raskin (D-MD) tomorrow introduce a bill to address potential issues with a President who is not fit nor can perform his or her duties – even for a short period of time (e.g. – surgery, illness, et al).
3) The U.S. adopted the 25th Amendment to the Constitution in the 1960s to give more order and preserve continuity of government if the President were incapacitated.
A) Senate Gov't Affairs Cmte Chair Johnson: I’m very disappointed, quite honestly, that John Durham has not delivered indictments or provided a report, supposedly because the report might interfere in the election.
B) Johnson: From my standpoint, the greater interference in the election would be withholding important information that the American people should have known years ago. The American people deserve the truth, and they deserve it before they go to the polls.
C) Johnson: I believe people like John Brennan have a lot of questions that they need to provide answers for. That is what the American people deserve.
A) The fact that House Speaker Nancy Pelosi (D-CA) and Treasury Secretary Steve Mnuchin spoke again by phone today – just after the President put a kibosh on the talks Tuesday – underscores how dire the situation is to advance some sort of relief.
B) The sides specifically discussed helping the airlines. Keep in mind that Pelosi has pushed back against doing piecemeal bills. That said, the House did try to move, without much warning, a measure specific to the airlines on Friday. But Republicans blocked it.
C) Also, it’s doubtful that Democrats – and many Republicans – would go for any sort of bill which would provide an extra $400 for those off the job. The Democrats think that figure is too low. Many Republicans believe the $400 plan – offered by Mnuchin – is too high.