Thread by @BBuchman_CNS

If you're watching Washington today, settle in. It is a long day ahead. The House convenes at 9AM ET while House Rules Cmte finalizes the 25A resolution asking Pence & Trump's cabinet to remove him for unfitness. Vote on 25A expected late tonight, i.e. after 8PM.
@CourthouseNews

I'll have a report for you later and will post updates on this thread as we go today. And as always, here's a link to the live-stream of the House: c-span.org/video/?507878-…

After convening this a.m. then briefly recessing to finish legislative business off floor, Leader Hoyer says by approx. 6:00 p.m., the House will come back to begin 1 hr of debate on the resolution and then vote. They estimate votes starting by 7:30 - I think that's optimistic.

You can read the text of the resolution - introduced by @RepRaskin - calling on @VP Pence to invoke the 25th Amendment here:
courthousenews.com/wp-content/upl…
@CourthouseNews

OK, the House is gaveled in for a brief session before breaking apart again and returning for the vote later on 25A.

"We confess our complicity in the animosity & betrayal felt throughout our nation. House chaplain Rear Adm. Margaret Kibben opens the session. "Preserve each of us, those who speak & those who hear, from being caught up in hatred & vitriol ever present in these deliberations."

After some brief legislative work, the House is now in recess as the resolution goes through the regular processes of the House Rules Cmte before it can be debated on and voted on later.

FYI:

https://twitter.com/jgohringer/status/1348998893950873602?s=20

WASHINGTON (CN) — Less than a week after sustaining a barbaric attack by an insurrectionist mob, the House of Representatives will vote Tuesday night on a resolution to invoke the rarely used 25th Amendment on President Donald Trump.
Story will update.
courthousenews.com/house-asks-vp-…

Worth noting that Trump is going to be in Alamo, Texas today (Over 200 miles from site of the actual Alamo) to promote his immigration policy, border wall, his reputation etc., less than a week after white supremacists, insurrectionists and his supporters stormed the Capitol.

Live-stream of the soon-to-start House Rules Cmte where lawmakers will debate and finalize Rep. Raskin's 25A resolution: c-span.org/video/?507917-…

While we wait, how about some history on the 25th Amendment?

Let's begin with Article II Section 1 Clause 6 of the U.S. Constitution.
constitution.congress.gov/browse/essay/a…

While this seems clear enough at first blush to some, in reality, the line of succession from PTOUS to VPOTUS was, for a long time, a bit murky.

As pointed out by law professors Brian Kalt and David Pozen - the question of what, precisely, the "office" of the president meant, i.e. duties and responsibilities was at issue.
constitutioncenter.org/interactive-co…

There were also Q's over how succession of the VP would work if the VP was filling in for the president. As noted by Kalt and Pozen, before 25A was adopted, one VP resigned, 7 died and 8 took over for presidents who died in office.

It wouldn't be until 1967 that the 25A was actually ratified. It was spurred by JFK's death. Incidentally, the section House lawmakers lean on today (Section 4) to remove Trump, was one former President Gerald Ford heartily supported. More inside.
UPDATED
courthousenews.com/house-asks-vp-…

House Rules Cmte is underway and they are debating Raskin's 25A resolution.

Off the bat: Rep. Tom Cole,R-OK says this is not the right course of action. Today's resolution asks the House to assume a power it does not have, he says.
"That power lies with the VP and cabinet"

One thing all lawmakers can agree on today - love for @RepRaskin who recently lost his son.

.@RepRaskin, who introduced the 25A resolution calling on Pence to invoke it against Trump, offers heartfelt gratitude and smilingly, v. kindly, says he has some refutations to what his GOP colleagues might say today.

It is very clear the president did not discharge the proper duties of office, @RepRaskin says. And when we discuss impeachment, there might be degrees of dispute over responsibility of Trump but in this, 1/6 attack, the conduct fell well below standards of POTUS.

Raskin says - the first way to remove a threat stemming from the exec. branch is to vote them out. He notes how Biden crushed Trump in Electoral College and beat him out in the popular.

But Trump has refused to accept election results and his determination to discredit, nullify and overturn the election results has led us to the current national crisis we are in, Raskin argues.

The second way to remove is to impeach in the House and then try in the Senate.

The final mechanism for removing a president failing to meet the most basic duties of his office and indeed, harming the republic with his conduct, is the 25th Amendment, @RepRaskin says.

Contrary to popular belief, the 25th Amendment has been activated and employed numerous times since its adoption in 1967. It was used when Nixon resigned and Ford became POTUS. Before then, it was unclear whether veep was becoming POTUS or just exercising his powers.

If you look at legislative history of 25a, it was deeply intended to promote collaboration among the different branches to guarantee the stability of gov't and continuity in office, Raskin says.

It is, indeed, up to the VP to decide to invoke in Section IV, and Raskin says House is not trying to strip him of powers as GOP might suggest. "But the time of emergency has arrived.. it has arrived at our doorstep. It has arrived in our chamber," Raskin says.

No amount of euphemism or displacement will ever let us forget what took place on that day, @RepRaskin says.

Trump did everything in his power to overturn the authentic popular results of the 2020 election, esp. in critical swing states like GA.

Raskin notes Trump's pressure campaign on GA officials, including his recorded request that the secy of state "find" votes for him.

Trump called GA Secy of State Raffensperger an "enemy of the people" after he refused to overturn them on Trump's request. Reminder, Trump called it "very risky" for Raff. to go against his request.

The president was hellbent on trying to challenge and overturn the results of the election. That is a profound dereliction of the president's duties under the Constitution, Raskin says.

So, what are those duties? What are the duties ref'd by 25A that the POTUS must live up to?

Raskin: The president swears an oath to uphold, defend the Constitution, including peaceful transition of power, counting of Electoral College votes.
He has a duty to defend American ppl, the congress, the country against armed insurrection, mob rule, invasion of public offices

When Trump was called upon to send more help, he was extremely reluctant to do so. Instead, he continued to send supportive tweets for periods in which we were under duress, Raskin says.

He urged everybody to "fight like hell."

Raskin notes the tweet Trump posted and deleted which, as attack was unfolding that said "These are the things and events that happen when a sacred landslide election victory is so unceremoniously stripped away from great patriots who have been badly treated for so long."

Raskin says lawmakers are asking Pence to stand up now, stand up to Trump.
He notes that the president brought 62 cases and lost 61 of them soundly, decisively and in many cases "humiliatingly."

The Cabinet can help transfer peacefully the powers of the president to Pence for the remainder of this term so we can have a peaceful transition of power, Raksin says.

On sites that helped build 1/6 rally, he notes, they're calling for mobs to come back to DC, continue assaults.
Raskin: "They are calling for continued war. And they are calling it a war against our gov't. They want to see this mob insurrection spread."
courthousenews.com/fbi-warns-of-a…

Raskin notes one disturbing post he read. It said "they would come back with so many people, that no army would be able to stop them."
This is not just a crisis or emergency, it is a continuing crisis and emergency, Raskin says.

Rep. Raskin asks the question many have for some time now but only underlined in light of events last week:
"Can we say we feel safe being in the hands of this president? With the horror and threats returning to this capital?"

Rep. Jim McGovern, chair of House Rules, says to Rep. Jim Jordan, who is against 25a, "This isn't a both sides issue. Five people are dead...There were homegrown fascists that came here to desecrate this symbol of democracy and freedom and to do harm to people.

With all due respect, he says to Jim Jordan, all it took for you to call for unity was for our freedom and democracy to be attacked.
But for the last several months, you have given oxygen to the president's conspiracy theories.

McGovern: We all want healing but in order to get the healing, we need truth and accountability.
People came to the Capitol building to try to launch a coup, to stop us from upholding our constitutional responsibilities.

McGovern: "I was on the House floor and one of the last people to walk out and when I went to the speaker's lobby, I saw this mob trying to break glass doors to get access to the floor and god knows what else. I saw in their eyes, hate and evil."

McGovern: "They came here to destroy things, to desecrate things and they did so because the president told them to do it."
McGovern asks Jordan to admit that Biden won and the election was not rigged or stolen.

Jordan will say that Biden won, but he will not back down off the false arguments about the election being unfair or rigged against Trump. (It was not, according to Trump's own DOJ)

McGovern asks Jordan to put it on his Twitter account, stop selling people the lie that the election was fraudulent.
Jordan says objectors' concerns were based on rule changes that he, personally, found unconstitutional.
"That's all we were pointing out," Jordan contends.

McGovern says, that is not the question I asked, as Jordan concedes Biden is president but Jordan won't budge on his support of (baseless) fraud claims already blown to smithereens in court.

Raskin says we have to step up the conversation from rhetorical combat and political point-scoring.

The argument about fraud from Trump was made, the mob came in, and lawmakers still kept the objections going to prolong the process, Raskin says and rejects Jordan's arguments.

.@RepRaskin: "All of us should do some soul searching about five dead Americans, a Capitol police officer dead, dozens wounded and a country on edge and an inflamed right-wing that thinks we are on the verge of a civil war."
@CourthouseNews

@RepRaskin: "Now come on guys, can we get it together to act as a rules committee? To ask the VP to simply acknowledge the reality that POTUS isn't fit for the job and we face a lot of danger over the next 8 days?"
@CourthouseNews

Jordan is still objecting, defending his position to challenge the results of the election. He will not give an inch to McGovern's real Q here - will he stop perpetrating the falsehoods about the election in order to help bring national temp down?

Jordan tries the argument that Dems were opposed to Trump's election in '16. Raskin/McGovern shut him down, saying they never incited a mob but accepted results.

McGovern notes Rep. Jim Jordan,, R-OH, went to a Stop the Steal rally.

Another member of House Rules, Rep. Norma Torres, D-CA, calls on Pence to invoke 25A. "There's no debate that the mob that reached these walls was energized by misinformation, bald-faced lies and claims in direct odds with our Constitution."

Rep. Torres: She was caught in the attack, 1 of 12 trapped in House gallery. She heard the shots being fired. She saw the smoke from the tear gas. She watched 1 officer w/no protective equipment face a raging mob.

She chokes up and says they crawled across the length of a balcony to escape. She was in the last group to be evacuated. They ran down the hall and stairs and near a mob being held on the ground at gunpoint.

Rep. Torres sheltered 4-5 hours in a room packed shoulder to shoulder with people.
Adding more trauma to the riot they just survived, were several Republicans refusing to wear a mask.

Is gunfire in the lobby the new normal you want to accept? Torres asks

If gunfire in the Capitol isn't what you want, she addresses GOPers: Do you have the courage to stand up for basic American principles?
"Anyone who does not support Raskin's amendment continues to support the hateful agenda of Donald Trump."
@CourthouseNews

"They wanted to hang him," Torres underlines of the threat to Pence during the insurrection.
Indeed, a makeshift gallows had been erected outside of the Capitol and the chants by marauders were ones of "Hang Pence" and "Where's Nancy?"

Rep. Norma Torres: Trump called for insurrection on social media, on a stage with television cameras capturing his every word.
I am saddened that my colleagues will dare to stand on this stage and do the same.

Six Americans are dead, 2 were Cap police, 50 injured, 15 hospitalized.

Trump incited this attack and there should be no question as to what VP Pence needs to do right now - Torres says

Context: We are six days removed from what has been reasonably described the world over as a domestic terrorist attack on the seat of the US federal government.
The emotions are raw. Torres ran for life six days ago. Six days ago.

Rep. Michael Burgess, R-TX position today is, if we trust Pence to remove Trump, then we should trust Pence to decide against removal.

Rep. Jordan is lamenting the first time Trump was impeached for abuse of power and obstruction of Congress
Jordan calls impeaching Trump again a "dangerous precedent" and he is "nervous about that."
He is still pushing failed legal theories of election fraud.
@CourthouseNews

The question before Congress now, Jordan says, is if we are going to move forward for the betterment of the entire country or if we're going to return to the divisive process of impeaching.

Rep. Everett notes as he closes his remarks that Capitol Police "are hurting" and asks lawmakers to extend a kind word of support to them as they make their way around the building.

McGovern to Jordan/Everett - This is not about voicing an objection. That's legal. What this is about is the lie that Trump sold for months that led up to the insurrection.
"Can you say the five words, "The Election Was Not Stolen. Tweet that, instead of the other stuff..."

Rep Ed Perlmutter, D-CO, says to cmte, we're not here to invoke the 25A on any members of Congress for raising objections.

We're here in the waning days of Trump's presidency asking for his removal, for the sake of the people...

And, Rep Perlmutter adds, because the line of succession to the president were particular targets of this attack by this mob.

Rep. Perlmutter asks Rep. Jordan, is it true Joe Biden won the election?
Jordan balking but says yes, yet continues to push fabrication that there were "serious problems" with the legitimacy of election.
Perlmutter, frustrated with him, "Jim, Jeez!" he says.
@CourthouseNews

The hairs that are trying to be split here by Democrats with Rep. Jordan, so we're perfectly clear:
Jordan can/does say Biden won. But he can't/won't say that without attaching the claims pumped by Trump & already disproven in court, by DOJ, US intel community.
@CourthouseNews

Jordan appeared at a Stop the Steal rally in PA, McGovern notes and Jordan is quick to say - yes, two days after the election.

Rep. McGovern, chair of House rules, again today, says it would be important for Jordan to say the election was not stolen.

Jordan, never afraid of crosstalk, does not say anything. So McGovern yields to Rep. Debbie Lesko, R-Az.

Lesko says to D's: chalk up the win. You have the House, the Senate, the presidency.
She thinks pushing this bill will further divide the country, further the unrest and possibly incite more violence.
(No mention of how 1/6 was incited from Lesko so far)

"You won, OK? You won the presidency. You have a controlling vote in the Senate. You have a controlling majority in the House. Why continue this? It will just cause more divisiveness. I really don't understand. @RepDLesko says. "Lets just move on and heal our country."

McGovern to Lesko: This is not about winning or losing, or vengeance, this is about truth. If we really want to heal this nation, we need truth and accountability.
To Jordan who says the election wasn't investigated: This is the most investigated election in the world.

Saying it was stolen is what fueled this terrible episode on Wednesday, McGovern says. And, he underlines Trump is STILL doing this.

Meanwhile, if you would like to read @RepRaskin's full statement on his resolution calling on VP Pence to invoke the 25th Amendment, you can do so - here:
raskin.house.gov/sites/raskin.h…

A short break from live-updates, kind people.
Meanwhile:
courthousenews.com/house-asks-vp-…

Raskin says he is disappointed Jordan will "go to the ends of the earth" to defend Trump's false claims about the election. Is there anything he won't defend Trump on? Raskin notes this last question is a point of personal speculation.

Raskin refutes claim by GOPers that they are undermining Pence. In fact, he says, they are trying to back him up. Trying to support his power after threats were put on his life.

Congress' role is contemplated to be central to 25A, Raskin, a decades long constitutional expert and scholar says.
And this is true - look at the language throughout:
constitutioncenter.org/interactive-co…

Will those of you who wont vote for this resolution, will you say you will oppose pardons for the ringleaders that almost got all of us killed and did get 5 people killed, @RepRaskin asks.
@CourthouseNews

Raskin, reflecting on his own loss and the loss of others, the pain endemic to the American experience for the last year, at least.
"There was a lot of propaganda and disinformation" Raskin begins.

From the denial of the reality of Covid-19, to asserting that you could cure yourself with injections of bleach and so on, to continued disinfo on vaccines - we have to get back on the high road, Raskin says.

We have millions mourning family who died of Covid, of the opioid crisis, of gun violence... our country is hurting, Raskin says.

"We need to heal the country but we aren't going to do that by pretending that this massive insurrection in our buildings which came within a hair's breadth of being a violent coup - we're not going to get anywhere if we deny that." - Raskin

Raskin: We don't need another investigation into election results in GA or wherever - more than 88 judges have rejected those claims.

Rep. Joseph Morelle, D-Calif., says the Raskin resolution is completely in order because it is not only about protecting U.S. security, but the world's security at this point.

Rep. Mark DeSaulnier, D-Calif, who has experienced loss like Raskin in his own family, offers very heartfelt thanks to the Maryland Democrat for being so forthcoming about the loss of his son and he underlines that honesty about these struggles is the way to heal.

.@RepDeSaulnier says Trump's comments "incited what happened. He incited insurrection of the United States and what he had in mind was to prohibit us from having the debate and the vote to certify a presidential election reinforced through court actions over and over again."

The House will be back tonight to vote on 25th Amendment resolution. It is expected to be approved but even if it is, really, it's largely symbolic at this point since Pence appears disinterested.

But the support for impeachment is shifting. NYT reported earlier Mitch McConnell "pleased" with House bringing articles forward because , reportedly,Trump's purge from the party would be better for GOP over long term. Liz Cheney is for it, John Katko for it.

If every D votes to convict - 50 - then you need 17 senators to join them. That creates a two-thirds majority to convict POTUS and remove.

Rep. Mary Gay Scanlon from the House floor now, asks for Section IV to be activated of 25th Amendment. Much more on that here: courthousenews.com/house-asks-vp-…

Last Wednesday, a lawless mob breached this chamber with the most evil and destructive intent, Rep. Scanlon says. They intended to overturn the election. They chanted they wanted to hang Pence, kidnap Pelosi and "they brought the tools to do it"

Blood was spilled on the marble floor just outside this room. - @RepMGS says from the House floor.
This was not a peaceful protest, these were crimes against our country, she adds.

The Trump admin whipped ppl into a frenzy. Sent them across town. POTUS watched w/excitement as images of the terror streamed. Trump tweeted Pence had betrayed him. Even after violence was apparent, POTUS and attys still called looking around for votes to overturn

Rep Scanlon: "I don't care if a president incites a riot against Congress on his first day or the last day of his presidency.

If a president can refuse to acknowledge the will of American voters and incite a coup to stay in power without punishment, then our democracy is lost."

The president stood by as rioters sacked the capital, Scanlon says. To those who say this is partisan, she says it is not. "I invite the president's supporters in Congress, no, I beg them, to join the American ppl in holding this president accountable"

Scanlon thanks police for their assistance and also, members of the press corps "that have been so abused by this administration, and were targeted by this mob, but continued to document the attack so America could see what was happening."

Rep. Tom Cole, R-OK, now on the floor. He condemns the violence, vehemently, saying the actions of rioters were lawless and this never should have happened. The perpetrators must be prosecuted to the fullest extent of the law.

Cole's interpretation of the 25th Amendment is that Congress cannot assume a power it does not have. "It has no role in initiating it." He calls 25A resolution an attempt to pressure Pence into performing a duty he doesn't believe is necessary.

Now, if you were here with me earlier today during my live-tweets of the House Rules hearing where this was discussed, Rep. Raskin blew that argument apart.

https://twitter.com/BBuchman_CNS/status/1349051876520718337?s=20

Rep. Sheila Jackson, D-TX Lee is here.

The 25th Amendment does stand on its own in terms of actions the VP can take, but she says, we are a coequal branch of gov't. Raskin's resolution is appropriate, she says. It's not in violation of the Constitution because it is the Congress calling upon VP to reflect on 1/6.

Rep Jackson Lee says tis resolution is not about controlling Pence, it's about asking him to reflect: To reflect on fact that 6 ppl died, 2 police officers dead, and we lost Americans. Clearly, it is a long chain of events that goes back to President Donald Trump, she says.

Regret any typos, all.

Rep. Debbie Lesko, R-AZ rises in opposition to the rule. Earlier today, Lesko said she didn't understand why Democrats were calling for impeachment. It would be too divisive.
Well, it's not just D's anymore.