Calls by the top Democrats in Congress — House Speaker Nancy Pelosi of California and Senate Minority Leader Chuck Schumer of New York — to remove President Trump from office by invoking the 25th Amendment demonstrate their profound ignorance of the Constitution.
In blaming Trump for “inciting” the criminal acts of those who attacked the U.S. Capitol on Wednesday, the two Democrats are demanding that Vice President Mike Pence and a majority of the Cabinet declare that Trump is “unable” to perform the duties of the presidency.
Fox News reported Thursday night that sources inside the vice president’s office said Pence will reject any calls to oust Trump before the term of both men ends at noon Jan. 20.
Pelosi, Schumer and others who are calling for Trump to be thrown of office before the end of his term are misrepresenting the meaning and intent of the 25th Amendment. They are peddling a constitutional canard.
The 25th Amendment provides for the president’s removal and replacement in the event that he is “unable to discharge the powers and duties of his office.”
Although incapacity is not defined, the legislative history summarized by the Congressional Research Service makes it abundantly evident that the framers of the amendment envisioned a chief executive who was stricken by a debilitating stroke, heart attack, or bodily injury (such as in an attempted assassination) and was physically or mentally disabled as a direct consequence.
The authors of the amendment, which was proposed by Congress and ratified by the states after the assassination of President John F. Kennedy in 1963, made it clear that it was not intended to facilitate the removal of an unpopular or failed president, or for any other political purpose. Concerns about character are dramatically different than mental incapacity.
Sen. Birch Bayh, D-Ind., who was the architect of the amendment, stated that the word “unable” meant “an impairment of the president’s faculties” such that he is “unable either to make or communicate his decisions as to his own competency to execute the powers and duties of his office.”
On the House side, the principal framer was Rep. Richard Poff, R-Va. He cited “some physical ailment or sudden accident” rendering a president “unconscious or paralyzed and therefore unable to make or to communicate the decision to relinquish the powers of his office.”
Against this legislative backdrop, the 25th Amendment has no application to the circumstances that unfolded Wednesday. Pelosi and Schumer don’t care about that. In a shameless ploy, they seek to bastardize a constitutional standard for partisan gain.
The objective of the Democratic leaders is to score political points by further demonizing Trump during the last two weeks of his presidency. Their previous efforts ended in failure. Trump-Russia collusion proved to be a hoax. The attempt to remove the president by impeachment was a predictable bust.
Many Democrats and some in the mainstream media accuse Trump of inciting violence and an insurrection against the United States on Wednesday. Yet, the record (and videotape) of the president’s remarks to supporters who rallied in Washington does not back this up in any criminal sense.
As he has done so often since the Nov. 3 election, Trump argued to the gathered crowd that widespread fraud had “stolen” the presidency from him. Both state and federal courts have consistently rejected this claim. Nonetheless, Trump told his supporters “we will never concede.”
The president then extolled the crowd to march to the Capitol where objections to the Electoral College vote count were being presented by Republican House members and senators (mimicking what Democrats did in 2004).
Nowhere in the president’s remarks did he advocate acts of violence or destruction of property. He did not direct the protesters to launch an assault on the Capitol building, breach security, riot, and engage in seditious conduct.
Under the law, encouraging a demonstration of grievances is not the same thing as inciting criminal acts. For the latter to attach, the language of the speaker must be clear, obvious and unequivocal.
Make no mistake: the lawless display of violence inside the Capitol was appalling and disgraceful. Those who smashed windows and doors, looted and vandalized federal property, threatened lawmakers, and assaulted police officers are nothing more than common criminals. They should be arrested, prosecuted, convicted and imprisoned. It will not be forgotten that five people — including a Capitol Police officer — lost their lives.
Regardless of his intentions, President Trump’s involvement in Wednesday’s tragic and sad spectacle is not without responsibility or recrimination. It will serve as an indelible stain on his legacy. He seems incapable of moving beyond the first two stages of grief — denial and anger. He may never be able to reach the fifth stage of acceptance, although he acknowledged in a video released Thursday night that “a new administration will be inaugurated Jan. 20th.”
Yes, there are serious questions about election integrity and voting improprieties that need to be addressed by both Congress and individual state legislatures. This must be done soon if Americans are to have any confidence in their representative democracy.
But the kind of major fraud that would reverse the election outcome never materialized in the way the president’s legal team promised, at least to the satisfaction of dozens of judges who considered the many challenges.
Trump’s failure to gracefully, if grudgingly, concede defeat constitutes a stunning act of political self-immolation. He will likely be remembered not for his considerable accomplishments in a single term, but how he left office embittered by an ignominious obsession.
It did not have to end this way.
Sorry Gregg, but your article was fine till it went off the rails at paragraph 18, in fact it went over the cliff of “news reporting” and into the mainstream media swamp tactics of “voicing your opinion and calling it news” beginning with chapter 19.
President Trump was NOT “involved in the sad spectacle” of the Democrat pre-planned false flag setup of importing Antifa and BLM members to infiltrate the peaceful protest of Trump supporters and actually break the law and resort to needless violence.
Have you not seen the slow motion video that shows that the so-called murder of Ashli Barrett was a setup stunt and that she is still alive; not dead in a morgue with a bullet wound to her jugular? Only the Democrats were involved in that sad spectacle.
Just as the election fraud that took place is obvious to anyone who will pull their head out and actually look at the written, spoken and video forensic evidence can see the election contains mountains of fraud. The “dozens of judges” (who of course you never name) never even “considered the evidence”, they did, however, consider the surface description of the legal challenges which they were asked to review too scary to even look beyond and have the evidence presented to them in court during the case. I believe they know that the fraud occurred and to save their jobs they refused to “consider the evidence”.
Have you seen the most recent evidence? The affidavit from the Italian who actually worked with US embassy employees in Rome to change the votes from Biden to Trump to swing the election for Biden?
Do you condone a political party and a foreign country conspiring with US intel agencies and courts to rig our sacred election process? Sure looks like you do to me.
The election was stolen from President Trump, period. We know it, you know it, the Democrats know it, our intel agencies and our judicial system knows it. And now the world knows it since the Italian affidavit has been released to the internet and can never be put back into the secret box.
It is obvious that you are saving your own personal bacon by writing puff pieces that please the democrats; that you have gone from being a journalist to being an opinionist. I used to respect your investigative reports, but they are no longer that.
They will use that to remove Biden then Kamala will be President and Pelosi will be VP.
As of yesterday I quit Yahoo! News. I joined parlor on my desktop pc but could not join on my apple iphone. I am also joining mewe. I will leave facebook soon. I do not know any other way to fight back. i am just a deplorable crying in the wilderness! Pelosi Schumer, Schiff, the squad all can kiss my sweet ass!
President Trump is the best President ever, God bless him and his family 🙏🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸
Trump is an outsider in the capital but he is one of us outside the capital.
I agree those with different opinions should be allowed to express what they feel. By the same token it appears to me you probably have ties to MSM and I don’t need to hear any more of that garbage. Will definitely not be following you.
I believe there was fraud. Videos and witnesses willing to testify but the courts would not let that happen. The democrats are out for themselves and do not care about the American people. When people here need help the dems and some Republicans are sending money to other countries. This needs to stop !
Can they really hold an impeachment trial after Trump is out of office. I read where they said McConnell per Senate rules won’t be able to schedule it until after the 20th. Pelosi and Schumer stated it could be done after he’s out of office. Seems to me that you impeach to remove him from office not to impeach so he can’t run again. Go figure they’d distort the Constitution
Thank you for getting these facts on the record.
I’m DISSAPOINTED in you too Greg Jarrett I thought you was a PATRIOT. I guess what they say is true anyone can be BOUGHT.
Pelosi and Schumer are the most devious people in Congress. They have lived off the taxpayer for decades.
It deeply saddens me the hate President Trump has received. I am a nobody. But am a voter. I believe all evidence should have been heard. But it is being covered up, stored in backrooms somewhere and 75 million voters will never know the truth. The only truth we will ever hear from the media is Polesi truth. Which rings like a broken liberty bell not at all. She has disgraced and spit on and wiped her feet on the Constitution and the Bill of Rights. I am deeply sadden by all that is not being brought out to the light for both sides to hear. The capital riot on Wednesday never would have occurred if it had been allowed. Now we got Italy saying the machines were wrong it will be IGNORED just like every truth has been during this Mock Election.
What’s more disgraceful than anything Trump did is knowing that 300+ people were willing to risk their lives to publicly expose widespread fraud, most with video evidence, and all these “defeats” in the court system were nothing but dismissals on technicalities. They never even heard the evidence. Pathetic.
I love your candor, Gregg, but those who stormed the Capital must take responsibility for their own actions and misdeeds, not Pres. Trump, as you said he in no way incited violence. I read his entire rally speech and also found no such rhetoric. Place the blame where it belongs…on those who actually do the deeds…self responsibility…own it! We have a society today where it’s always someone else’s fault.
I will remember Pres Trump for the great things he accomplished in the four years he served this Country, pro bono, and for being the voice for ignored and forgotten, not the reasons that you claim will muddy his legacy.
It’s amazing to me how many Republicans turned away from the fraud and underhanded behavior of the left. They accused and looked for anything to oust President Trump. They ignored the summer of riots, then tried to turn it back on him. This man was the most vetted President in history and they still found nothing. They tried the usual things like sexist remarks, scandals, collusion, obstruction on and on and on. The minute they finished one avenue, they’d go down another. They’d even ended up attacking the voters who voted for President Trump.
I believe with all my heart that Pelosi either orchestrated the China Virus or saw it as an opportunity. She does know how to manipulate the system. The constant bickering, adding lots of ‘fluff’ to the stimulus. Never accepting anything so that the American People could get much needed help. WHAT THE HELL IS HER PROBLEM!!
She is a power drunk(as well as an alcoholic).
And Evil in every sense of the word. And ruthless beyond anyone else I’ve ever known existed.
In the mess on Capitol Hill, I heard President Trump say, several times, after the rally, we will March up to the capitol, peaceably. I heard him tell the rally goers that Republicans are the party of peace and dignity. Not one network reports that. Fox News, I’m so completely disappointed. Tucker, Hannity, Judge Jeanene Peirro, Dana Perino, Greg Gutfeld, and so many others, you know who you are, I want to thank. You are loyal to truth, not changing with the circumstances. I will miss President Trump. He’s the only President in my lifetime that has EVER STOOD UP FOR ME AND YOU, the unborn, the old and frail, for children no matter your walk of life.
Make no mistake. This election was rigged, stolen from us. It is my opinion that just the fact that out of 300,000,000 people, approx 200,000,000 are of eligible to vote (if that much) and out of that, 160,000,000 voted. That would leave approx 40,000,000 who are undocumented, incarcerated, those here on school or work visa’s or otherwise ineligible to vote. Just the numbers crossing the border this past spring and summer would cover that.
Make no mistake, the Republican Party is now WOKE. And the opposing party has themselves to thank. And you can bet your bottom dollar that Trump will be leading the charge.
Democrats may have opened up a can of worms. From what I read could apply to Biden and Pelosi.
i just joined and i think we should boycott twitter , face book and apple for their censoring
.this a country of free speech.
i HAVE JUST LEARNED ABOUT PARLER BUT i ASSURE YOU THAT i WILL BE WITH YOU AND YOUR REPORTERS. YOU MAKE MORE SENSE TO ME THAN ANY OF THE OTHERS. THANKS FOR BEING AN ALTERNATIVE.
i am extremely sad that the democrats were able to steal an election. i am so sick of the CNN and MSNBC who blatantly distort the truth for their own gain. i used to watch CNN a lot and now only watch fox.
we used to have free speech in USA.
GREAT
Lois: I just signed on to Parler….hope to dis-engage from facebook; I never joined twitter. One thing I am glad to hear in these remarks that I just read: “Antifa and BLM members have infiltrated a peaceful demonstration”….I have said/thought that from the beginning. How easy it was for them to infiltrate all those thousands of people and do their dirty deeds so it would seem like it was Trump supporters. Someone mentioned Nancy’s exit…I hadn’t heard that before but that does not surprise me. Thank all of you for sharing! PS: I heard quite a few conservative personalities just yesterday on radio and tv suggest and recommend PARLER! Also heard (sadly) that the big “powers that be” will try to throw a monkey wrench in your company! They don’t like to hear any truth!
There have been good comments posted here and demonstrate well that politics is a deck of cards that is always stacked in someone’s favor. Both sides of the table have made the same arguments but with their own slant to the argument. There is a problem here that will never be resolved until both parties agree to behave like adults instead of two year olds on the playground. They must put aside their personal differences and agree that the election is over and now they must work for US. The United States Taxpayers are their employers. Without us, they would not even need to exist.
Promises have been made and so have threats. One is productive the other not. Let us return to working to improve our American citizen’s quality of life and treat one another with respect and fairness.
I read your article because I respect your view on legal issues. I was, however, very disappointed in your opinion. We all know the election was stolen. How much evidence is enough evidence? How many judges, politicians and media are only saving their own hides? How many are scared for their reputations, jobs and lives? It looks as if you are one of them, now. To sit in judgment of a man who has been lied about for over four years constantly, everyday, called every name under the son and more is outrageous on your part. How do you know where you would be in the 5 stages of anger at this point? I know where I would be. I don’t know how President Trump has continued to maintain any semblance of decency or humanity throughout his ordeal of representing the people of this country for $0 pay. His tenacity, courage, endurance, steadfastness, relentless perseverance, focus, sacrifice and many other notable attributes have made him a true American hero in my eyes. As far as his legacy, I will be telling my children and grandchildren the truth about this man and his courage in the face of all that is evil. He will go down in my family as one of the greatest presidents, if not the greatest, in all of American history. His greatness will live on with at least half this country if not more in spite of cowardless journalists, politicians and judges.
I thought you were one of the good guys, but you all are dropping like flies.
So disappointed, but not surprised.
Gregg, You fail to mention that no court heard any of the cases on the merits…you know this, so don’t be disingenuous just because you take a paycheck from Fox. We are not stupid and this is a cheap shot at the facts of the matter, Sir.
If brains were dynamite, Pelosi would not be able to blow her nose