Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
150 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
25th Amendment Is FINALLY On The Table.... (Original Post) LovingA2andMI Oct 2020 OP
If I could give a 1000 recs BumRushDaShow Oct 2020 #1
This message was self-deleted by its author Sherman A1 Oct 2020 #2
The Speaker of the House LovingA2andMI Oct 2020 #6
This message was self-deleted by its author Sherman A1 Oct 2020 #7
You Go Find It. LovingA2andMI Oct 2020 #11
This message was self-deleted by its author Sherman A1 Oct 2020 #45
The Speaker is SECOND in line. volstork Oct 2020 #61
Okay... LovingA2andMI Oct 2020 #62
She's in the line of succession Zeitghost Oct 2020 #94
Okay... LovingA2andMI Oct 2020 #95
There is no need to be condescending... Zeitghost Oct 2020 #102
Uh Huh.... LovingA2andMI Oct 2020 #103
You're very condescending. The person you're speaking down to is actually correct. Stand and Fight Oct 2020 #143
Tomorrow orangecrush Oct 2020 #136
THERE ARE NO TALKS! brooklynite Oct 2020 #131
Well the House is part of the process sadly just not the part that STARTS the process. Statistical Oct 2020 #13
Yes, it's an even higher bar than impeachment. Not happening. lagomorph777 Oct 2020 #25
It would buy Pence 21 days. You can do a lot in 21 days. tinrobot Oct 2020 #49
+1 sandensea Oct 2020 #71
It's worse than just Pence being a coward DFW Oct 2020 #112
Section 4 Marius25 Oct 2020 #42
This message was self-deleted by its author Sherman A1 Oct 2020 #46
Thanks for that. crickets Oct 2020 #54
Welcome to DU! Tanuki Oct 2020 #57
a law requires the potus to sign it (or an over ride).... getagrip_already Oct 2020 #60
Very good. Yes, this makes clear that in Pelosi's statement, "we" means the House. gristy Oct 2020 #101
This seems very unlikely Statistical Oct 2020 #114
It is in Section 4 of the 25th amendment whopis01 Oct 2020 #125
This message was self-deleted by its author Sherman A1 Oct 2020 #127
Post #13 is not quite correct whopis01 Oct 2020 #129
Well, only once the 25th has been invoked - not before.... getagrip_already Oct 2020 #59
That's not quite correct. whopis01 Oct 2020 #128
for congress to do that... getagrip_already Oct 2020 #147
My point was about what is in the Constitution. whopis01 Oct 2020 #150
It might be a suggestion of convening "The Gang of 8" (Intelligence) BumRushDaShow Oct 2020 #10
This message was self-deleted by its author Sherman A1 Oct 2020 #12
I was scanning to see the origin of his tweet (he works for CNN) BumRushDaShow Oct 2020 #20
Yes. I think it was a stupid comment exboyfil Oct 2020 #15
One thing I've noticed about Mme Speaker: she never speaks idly Hekate Oct 2020 #69
On a table that can't do anything about it? onenote Oct 2020 #3
This message was self-deleted by its author Sherman A1 Oct 2020 #8
For mental illness I hope pat_k Oct 2020 #4
Lord Knows.... LovingA2andMI Oct 2020 #14
My 25th BINGO card has been blacked out for months. Hugin Oct 2020 #5
Likely.... LovingA2andMI Oct 2020 #9
Care to expand on what these "behind the scenes" talks have suggested onenote Oct 2020 #21
True that - but I always thought it might be an escape hatch of sorts for trump getagrip_already Oct 2020 #64
The notion that Trump is looking for an out before election day is the height of pure fantasy onenote Oct 2020 #100
I agree, but mostly because... getagrip_already Oct 2020 #104
The Constitution is very vague exboyfil Oct 2020 #19
If there is no VP then the 25th can't be invoked. Statistical Oct 2020 #23
We're a month from the election... Calculating Oct 2020 #16
Lame duck damage CloudWatcher Oct 2020 #63
Could? He most certainly will try! getagrip_already Oct 2020 #66
Misspoke. CloudWatcher Oct 2020 #76
This has to do with gumming up SCOTUS nomination Le Roi de Pot Oct 2020 #17
How does anything the House does impact the Senate's consideration of a SCOTUS nominee? onenote Oct 2020 #22
Supreme Court deciding that impeachment precedes a confirmation floor vote? exboyfil Oct 2020 #24
Pelosi can discusss it but only the VP (and currently cabinet) can invoke the 25th. Statistical Oct 2020 #18
c) The POTUS disagrees My Pet Orangutan Oct 2020 #33
It needs to be discussed, with media reporting. The American people need to know Doodley Oct 2020 #26
I agree totally Doodley Blueplanet Oct 2020 #77
Steroid-induced psychosis? Botany Oct 2020 #27
omgomgomgomgomgomgomgomgomgomgomgomgomgomg lindysalsagal Oct 2020 #28
We should, have Pelosi's office call me about direct experience JCMach1 Oct 2020 #29
How are you doing? n/t moonscape Oct 2020 #126
if she calls for it publicly what is mother's boy gonna do? ihas2stinkyfeet Oct 2020 #30
We already know what he is going to do. He will back his master. Statistical Oct 2020 #32
and turn down his chance at the big chair? ihas2stinkyfeet Oct 2020 #35
Yes. Statistical Oct 2020 #36
I wonder if she knows there are some in the cabinet willing to go forward with this. honest.abe Oct 2020 #31
Congress cannot initiate a 25th Amendment action. MineralMan Oct 2020 #34
I think she is indicating there will be discussions.. not that she is initiating it. honest.abe Oct 2020 #37
Maybe she's just trying to get Turin_C3PO Oct 2020 #39
With putting it out there, she drives Trump over the edge. Captain Zero Oct 2020 #79
Not entirely true. Marius25 Oct 2020 #40
Also not entirely true FBaggins Oct 2020 #145
But, Republicans won't go along with it will they? Marius25 Oct 2020 #38
Talking to who? Renew Deal Oct 2020 #41
Talking is easy sarisataka Oct 2020 #43
I hope people know that she Pelosi is well aware that it's unlikely to actually be invoked. NYC Liberal Oct 2020 #44
At very least, it will drive Drumpf bananas. BlueWavePsych Oct 2020 #48
It's a good point. crickets Oct 2020 #65
I believe you've got it right. BarbD Oct 2020 #90
Woohoo! BlueWavePsych Oct 2020 #47
Oh, ok. Excuse me if I don't excited while nothing happens. themaguffin Oct 2020 #50
Section 4 Whenever the Vice President and a majority of either the principal officers elleng Oct 2020 #51
+1,000,000,000 pandr32 Oct 2020 #52
More Details... LovingA2andMI Oct 2020 #53
It isn't TimeToGo Oct 2020 #55
It Isn't What? LovingA2andMI Oct 2020 #58
On the table TimeToGo Oct 2020 #81
Catch up... LovingA2andMI Oct 2020 #82
Pence and the Cabinet are on CNN talking about? TimeToGo Oct 2020 #87
Umm..... LovingA2andMI Oct 2020 #89
Sigh TimeToGo Oct 2020 #92
funny. I don't see a single member of "the Cabinet" stopdiggin Oct 2020 #98
Praises be to Ceiling Doggo! shenmue Oct 2020 #56
Here's my scenario... llmart Oct 2020 #67
He should be talking to Barr, Mnuchin, Esper, Pompeo and the rest of the Cabinet exboyfil Oct 2020 #70
Someone smart is going to capture the news cycle for a couple of weeks. Pobeka Oct 2020 #68
Slim chance, but the fact Roc2020 Oct 2020 #72
25/45 Dark n Stormy Knight Oct 2020 #73
Do it to piss of Typhoid Donnie. Pepsidog Oct 2020 #74
So far I can only find RW sources for this, I hope they're right. marble falls Oct 2020 #75
About freaking time Evolve Dammit Oct 2020 #78
Thank You Jesus Cozmo Oct 2020 #80
It's so obviously necessary that it can't even be characterized as an October Surprise eleny Oct 2020 #83
Really? Just weeks before the election. Bubs55 Oct 2020 #84
Did You Miss The Plot.... LovingA2andMI Oct 2020 #85
I do realize tRump said that, and did not realize that was Pelosi's reason for trying the 25th. Bubs55 Oct 2020 #91
Do You Understand What The 25th Amendment Means or is Used For? LovingA2andMI Oct 2020 #96
Yes. I know. Bubs55 Oct 2020 #99
This would only HELP trump. Stop with this nonsense. oldsoftie Oct 2020 #86
How Exactly? LovingA2andMI Oct 2020 #88
As stated in #93, she has no say in the 25th. So it becomes fodder for the right. oldsoftie Oct 2020 #115
seems like it???? bdamomma Oct 2020 #116
Pelosi has no role in the process of 25th stopdiggin Oct 2020 #93
We can only hope MichaelSoE Oct 2020 #97
Have not read all the way thriough the replies, but my first thought? TruckFump Oct 2020 #105
How? The House can't do anything vis-a-vis the 25th amendment that would impact the Senate. onenote Oct 2020 #109
The issue is his competency. Which means... TruckFump Oct 2020 #118
How is the House going to determine Trump's competency? onenote Oct 2020 #120
Admissible evidence on the standard and.., TruckFump Oct 2020 #123
So the House is going to convene hearings and call witnesses who have not personally examined onenote Oct 2020 #124
Your point? TruckFump Oct 2020 #132
the point is that it won't have the slightest effect on the Senate hearings. onenote Oct 2020 #133
I disagree. EOM TruckFump Oct 2020 #134
As is your right. onenote Oct 2020 #135
Yes, those of us who use science and law. TruckFump Oct 2020 #140
A lot of people in this thread seem upset at the thought of the 25th being used against Trump UnderThisLaw Oct 2020 #106
Nonsense. I haven't seen anyone "upset" at the idea. Just realistic about it. onenote Oct 2020 #108
Hit close to home, huh? UnderThisLaw Oct 2020 #110
Nope. Nonsense doesn't hit close to home. But it deserves to be called out. onenote Oct 2020 #121
Which is exactly why I posted my reply to the OP UnderThisLaw Oct 2020 #122
Interesting.... LovingA2andMI Oct 2020 #113
The concern orangecrush Oct 2020 #139
When is self defense on the table? warmfeet Oct 2020 #107
FINALLY bdamomma Oct 2020 #111
Yes his wife could baker act him. Oppaloopa Oct 2020 #117
This presentation discusses the 25th. keithbvadu2 Oct 2020 #119
No, it's not... brooklynite Oct 2020 #130
Thank you madam speaker! ffr Oct 2020 #137
Tomorrow orangecrush Oct 2020 #138
Did you know Wash. state Desk Jet Oct 2020 #141
The optics are good. Aussie105 Oct 2020 #142
careful . . . this might well be seen as a "coup attempt" by those on "stand by" . . . OneBlueSky Oct 2020 #144
It's being discussed. I don't know how far it can go past that without Pence being on board. (nt) ehrnst Oct 2020 #146
What they're going to do is introduce legislation that would enable Congress to be involved.... George II Oct 2020 #148
We don't need speaknow Oct 2020 #149

Response to LovingA2andMI (Original post)

Response to LovingA2andMI (Reply #6)

LovingA2andMI

(7,006 posts)
11. You Go Find It.
Thu Oct 8, 2020, 11:49 AM
Oct 2020

The Speaker of the House is THIRD in Line of Succession. Go Find That.

She is a Part of the process and Mani Raju would not have Tweeted that if Nancy Pelosi was NOT a Part of the Talks.

Now Chew On That. Next....

Response to LovingA2andMI (Reply #11)

 

Zeitghost

(4,557 posts)
94. She's in the line of succession
Thu Oct 8, 2020, 02:51 PM
Oct 2020

But that has nothing to do with invoking the 25th amendment. That power belongs to the VP and the Cabinet.

 

Zeitghost

(4,557 posts)
102. There is no need to be condescending...
Thu Oct 8, 2020, 03:53 PM
Oct 2020

The 25th is no more on the table today without Pence than it was yesterday, last week or in early 2017. Pelosi is not capable of "putting it on the table".

 

brooklynite

(96,882 posts)
131. THERE ARE NO TALKS!
Thu Oct 8, 2020, 08:32 PM
Oct 2020

The House is setting up its own Commission to opine. There is no involvement by the VP or the Cabinet who have the sole authority to invoke the 25th Amendment.

Statistical

(19,264 posts)
13. Well the House is part of the process sadly just not the part that STARTS the process.
Thu Oct 8, 2020, 11:50 AM
Oct 2020

Only Pence can invoke the 25th. However if he does and Trump refuses to step down then it goes to Congress to decide. It requires a 2/3rds majority in both houses to overrules Trump's wishes. Of course that is all moot if Pence and the cabinet never start the process which he won't because he is an absolute coward.

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

tinrobot

(12,058 posts)
49. It would buy Pence 21 days. You can do a lot in 21 days.
Thu Oct 8, 2020, 12:33 PM
Oct 2020

If they're sure the election is lost, then Pence could do it to maybe help GOP senators. Sign some bills in an attempt to salvage some elections. Maybe as an attempt to salvage his own reputation.

Just a thought.

sandensea

(23,319 posts)
71. +1
Thu Oct 8, 2020, 01:26 PM
Oct 2020

It's important Orange Amin stay in office - and in reasonably good health - until Nov 3rd for that very reason.

After that, the devil can take him and his incestuous brood.

DFW

(60,162 posts)
112. It's worse than just Pence being a coward
Thu Oct 8, 2020, 06:24 PM
Oct 2020

He really and truly doesn't see anything unusual about Trump's behavior.

Now THAT is scary because no one is going to invoke anything that questions HIS sanity.

 

Marius25

(3,213 posts)
42. Section 4
Thu Oct 8, 2020, 12:20 PM
Oct 2020

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Response to Marius25 (Reply #42)

getagrip_already

(17,802 posts)
60. a law requires the potus to sign it (or an over ride)....
Thu Oct 8, 2020, 12:55 PM
Oct 2020

Neither is going to happen.

The process that exists is the vp and cabinet.

gristy

(10,733 posts)
101. Very good. Yes, this makes clear that in Pelosi's statement, "we" means the House.
Thu Oct 8, 2020, 03:42 PM
Oct 2020

And that she is both justified and responsible for doing so.

Statistical

(19,264 posts)
114. This seems very unlikely
Thu Oct 8, 2020, 06:27 PM
Oct 2020

1) It would require passage of the Republican Senate
2) It would require Dumpy to sign a lot that makes it easier for him to be removed from office
3) It would still require Pence it just allows Pence & another body instead of Pence & the cabinet.

whopis01

(3,919 posts)
125. It is in Section 4 of the 25th amendment
Thu Oct 8, 2020, 08:22 PM
Oct 2020

The first paragraph reads:

"Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President."


It allows Congress (which includes the House of Representatives) to establish a body that can, along with the Vice President, determine that the President is unable to discharge the powers and duties of his office.

Pelosi is introducing a bill to create such a body.

Response to whopis01 (Reply #125)

whopis01

(3,919 posts)
129. Post #13 is not quite correct
Thu Oct 8, 2020, 08:30 PM
Oct 2020

It says "Only Pence can invoke the 25th". That is not exactly true. It requires that the VP be a part of invoking the 25th, but the VP can not invoke it by himself, as that statement would appear to imply.

It requires either:
A) The VP and a majority of the cabinet
or
B) The VP and another body established by Congress

Pelosi has introduced a bill to establish that body.

getagrip_already

(17,802 posts)
59. Well, only once the 25th has been invoked - not before....
Thu Oct 8, 2020, 12:51 PM
Oct 2020

The way the constitution lays it out, only the VP can initiate the process, and he would need only a majority of cabinet members to sign in agreement. They then send that to congress.

Once that happens, the VP is the acting president on a temporary basis. The potus has the right to notify congress that he is not incapacitated and demand his powers back.

At that point, and only at that point would pelosi get involved. In order to sustain the VP's declaration, both the house and senate would need a 2/3 vote. Note that this is more stringent than impeachment, which only requires a simple majority in the house.

And even if they sustain it, trump could indefinitely call for votes and tie the congress up in knots. There is no limit to the number of times a potus could request his or her powers back.

whopis01

(3,919 posts)
128. That's not quite correct.
Thu Oct 8, 2020, 08:25 PM
Oct 2020

It does require the VP to be part of the process, but does not necessarily include a majority of cabinet members.

Congress can establish another body to serve in that position. It still requires consent of the VP, but does not require consent of the cabinet.

This is detailed in the first paragraph of section 4 of the amendment.

getagrip_already

(17,802 posts)
147. for congress to do that...
Fri Oct 9, 2020, 09:39 AM
Oct 2020

It would require it to pass both houses at a minimum, and would also likely require either a potus signature or an over ride. That is required for any bill to become law.

It's off the table. So my statement stands.

whopis01

(3,919 posts)
150. My point was about what is in the Constitution.
Fri Oct 9, 2020, 11:39 AM
Oct 2020

Not what is going to happen with this Congress.

BumRushDaShow

(169,512 posts)
10. It might be a suggestion of convening "The Gang of 8" (Intelligence)
Thu Oct 8, 2020, 11:48 AM
Oct 2020

and/or the Congressional leadership in both chambers from both parties, to confer.

The GOP has watched this slow meltdown and were considering it all "an act" and "hyperbole" but I think we are beyond that point now.

Response to BumRushDaShow (Reply #10)

BumRushDaShow

(169,512 posts)
20. I was scanning to see the origin of his tweet (he works for CNN)
Thu Oct 8, 2020, 11:57 AM
Oct 2020

and it lead to a Politico reporter -




TEXT

Jake Sherman
@JakeSherman
>@mkraju just asked pelosi if it was time to invoke the 25th amendment

@SpeakerPelosi said she’ll talk about that tomorrow

Stay tuned, i guess?
11:37 AM · Oct 8, 2020


Apparently Pelosi had a presser a bit over an hour ago and it came up. So I don't know if the real meaning is for her to have some bigger press conference to broach the subject "publicly" (as a "teachable moment" about what the process is) or what.

exboyfil

(18,359 posts)
15. Yes. I think it was a stupid comment
Thu Oct 8, 2020, 11:51 AM
Oct 2020

She should have just said she hoped that Pence was doing his Constitutional duty to monitor the President's competency.

On the other hand, we still have impeachable behaviors (lots of impeachable behaviors). Maybe it is time to go quick and broad on these behaviors. Instructing the AG to arrest your political opponents?

Response to onenote (Reply #3)

Hugin

(37,840 posts)
5. My 25th BINGO card has been blacked out for months.
Thu Oct 8, 2020, 11:45 AM
Oct 2020

I'm wondering if the 25th is even possible with all of the acting secretaries in this administration.

I don't know all of the alternate ways it can be invoked. I seem to remember there were a few different paths.

LovingA2andMI

(7,006 posts)
9. Likely....
Thu Oct 8, 2020, 11:47 AM
Oct 2020

There has been talks behind the scenes about how to make this possible.

The "Communist" BS line of Trump of Kamala Harris was probably were the line was crossed.

onenote

(46,135 posts)
21. Care to expand on what these "behind the scenes" talks have suggested
Thu Oct 8, 2020, 11:57 AM
Oct 2020

The 25th amendment is clear: it can only be invoked with the support of the Vice President. There is no way around that requirement and there is no chance Pence goes along.

getagrip_already

(17,802 posts)
64. True that - but I always thought it might be an escape hatch of sorts for trump
Thu Oct 8, 2020, 01:02 PM
Oct 2020

If Trump decided he wanted it invoked, pence would do it.

Why would he do that? It avoids him losing an election, and makes him a victim - a role he loves. It creates grounds for an insanity defense against state charges. He ACTUALLY REMAINS POTUS, THOUGH HE HAS NO POWERS, HE WOULD RETAIN THE TRAPPINGS OF LUXURY and privilege.

And Pence could pardon him. It's questionable if he can pardon himself. It's much cleaner if someone else does it.

So maybe that is what is afoot here.

onenote

(46,135 posts)
100. The notion that Trump is looking for an out before election day is the height of pure fantasy
Thu Oct 8, 2020, 03:08 PM
Oct 2020

getagrip_already

(17,802 posts)
104. I agree, but mostly because...
Thu Oct 8, 2020, 05:34 PM
Oct 2020

The plan would be the product of a sane and rational thinker. It would actually solve a lot of problems for him, especially since he stands a good chance of losing anyway.

His mind is anything but sane or rational. Everything to him is zero sum, where in order for him to win, others have to lose.

So yeah, a fantasy.......

exboyfil

(18,359 posts)
19. The Constitution is very vague
Thu Oct 8, 2020, 11:55 AM
Oct 2020

It doesn't even call out the Cabinet as the adjudicating body.

After this we need some serious examination of our Constitution. Trump's behavior falls under impeachment as well (abuse of power for calling for the AG to arrest his political opponents for example).

What happens when there is no VP? The Constitution does not provide for a President in a coma being removed short of impeachment without the action of the VP.

Statistical

(19,264 posts)
23. If there is no VP then the 25th can't be invoked.
Thu Oct 8, 2020, 11:59 AM
Oct 2020

In theory any President can be removed by impeachment however that requires a Congress which puts country before party.

Calculating

(3,000 posts)
16. We're a month from the election...
Thu Oct 8, 2020, 11:51 AM
Oct 2020

Why now? Just vote this lunatic out, the polls all show him losing in a landslide.

CloudWatcher

(2,127 posts)
63. Lame duck damage
Thu Oct 8, 2020, 12:59 PM
Oct 2020

During the time between Trump losing the election and Biden taking office, Trump has lots of time to do irreparable harm to the country. The way he's acting he could well decide to burn everything down on his way out.

getagrip_already

(17,802 posts)
66. Could? He most certainly will try!
Thu Oct 8, 2020, 01:07 PM
Oct 2020

It's his only predictable feature. Revenge. It's the only thing that gives him pleasure.

CloudWatcher

(2,127 posts)
76. Misspoke.
Thu Oct 8, 2020, 01:55 PM
Oct 2020

Actually I don't think his damage will be limited to this country. He'll strike out at anyone/anything that has not prostrated themselves before his greatness. E.g. Iran and North Korea and Germany should be worried.

exboyfil

(18,359 posts)
24. Supreme Court deciding that impeachment precedes a confirmation floor vote?
Thu Oct 8, 2020, 12:02 PM
Oct 2020

Ha ha. Won't happen. The House can't do anything at this point.

Statistical

(19,264 posts)
18. Pelosi can discusss it but only the VP (and currently cabinet) can invoke the 25th.
Thu Oct 8, 2020, 11:55 AM
Oct 2020

Congress only gets involved if
a) the VP invokes it
b) 50% of the cabinet agrees
c) The POTUS disagrees

If that happens and only if that happens does Congress get involved as a "tie breaker" if you will.

Honestly I think the House talking about it is simply to increase public awareness and increase political pressure. Pelosi is doing what she can but Pence and only Pence can invoke the 25th.

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

Doodley

(11,883 posts)
26. It needs to be discussed, with media reporting. The American people need to know
Thu Oct 8, 2020, 12:04 PM
Oct 2020

what a danger Trump is to America before they cast their vote.

Botany

(77,288 posts)
27. Steroid-induced psychosis?
Thu Oct 8, 2020, 12:04 PM
Oct 2020

Bill Barr is going to put Joe Biden in prison and Kamala Harris is a communist ...
Trump has tweeted both of these nut ball thought this AM.

This is good move get all of the Republicans on record of supporting a mentally ill dangerous man
as POTUS.

lindysalsagal

(22,903 posts)
28. omgomgomgomgomgomgomgomgomgomgomgomgomgomg
Thu Oct 8, 2020, 12:04 PM
Oct 2020

omgomgomgomgomgomgomgomgomgomgomgomgomgomgomgomgomgomg
omgomgvomgomgomgomgomgomgomgomgomgomgomgomg
omgomgomgomgomgomgomgomgomgomgomgomgomgomg

JCMach1

(29,198 posts)
29. We should, have Pelosi's office call me about direct experience
Thu Oct 8, 2020, 12:05 PM
Oct 2020

As in now with dexamethasone and remsdesivir.

Not kidding. Day 6 out of hospital with Covid Pneumonia

 

ihas2stinkyfeet

(1,400 posts)
30. if she calls for it publicly what is mother's boy gonna do?
Thu Oct 8, 2020, 12:06 PM
Oct 2020

if she has the gang of 8, and the joint chiefs, what is the fly boy gonna say?

Statistical

(19,264 posts)
36. Yes.
Thu Oct 8, 2020, 12:13 PM
Oct 2020

Pence has zero spine and zero honor.

He could have invoked the 25th at any point. He doesn't need Pelosi permission to invoke it. The time to invoke it in a less embarrassing manner is when Dumpy when to WR. At that point he wouldn't need to say Dumpy has gone insane just that he is doing this out of an abundance of caution to ensure their is a clear commander in chief while Trump is getting treatments.

He didn't then. He hasn't now. He won't in the future.

 

honest.abe

(9,238 posts)
31. I wonder if she knows there are some in the cabinet willing to go forward with this.
Thu Oct 8, 2020, 12:09 PM
Oct 2020

That would be interesting.

MineralMan

(151,220 posts)
34. Congress cannot initiate a 25th Amendment action.
Thu Oct 8, 2020, 12:10 PM
Oct 2020

It has to start with either the President or the VP and Cabinet. Congress plays no role unless the cabinet declares the President incapable of filling his role and the President objects to that declaration.

Congress cannot start a 25th Amendment action at all. It comes in much, much later. So, I'm not sure what they'll be discussing.

 

honest.abe

(9,238 posts)
37. I think she is indicating there will be discussions.. not that she is initiating it.
Thu Oct 8, 2020, 12:15 PM
Oct 2020

It sounds like she knows something we dont know.

 

Marius25

(3,213 posts)
40. Not entirely true.
Thu Oct 8, 2020, 12:18 PM
Oct 2020

Congress decides which body, if not the Cabinet, signs off on it.

While the VP and Cabinet is the standard option, Congress can change that through the law.

FBaggins

(28,705 posts)
145. Also not entirely true
Fri Oct 9, 2020, 06:48 AM
Oct 2020

Speakers of the House are not the Congress. It takes two to tango.

Congress can change that through the law

And laws need to be signed by the President.

Even if by some miracle that all happened and the newly-created panel declares him unfit to serve... people are still ignoring the fact that 25A still has a higher congressional threshold than impeachment does.

NYC Liberal

(20,453 posts)
44. I hope people know that she Pelosi is well aware that it's unlikely to actually be invoked.
Thu Oct 8, 2020, 12:21 PM
Oct 2020

This is about setting a narrative. It will cause Trump’s competence and ability to govern to be a discussion / debate in the final weeks of the campaign. It’ll force Trump to defend himself. That’s the point.

crickets

(26,168 posts)
65. It's a good point.
Thu Oct 8, 2020, 01:06 PM
Oct 2020

There is no way of knowing how the winds blow behind the scenes. There may be more support for this than we realize -- or not. Perhaps not right now. In any case, this puts pressure on trump, on Pence, and on the Republicans who are backing them. Apparently we've reached that point, in Pelosi's opinion, where the topic needs to be discussed out in the open.

I'm with her. It's time that we as a nation face the fact that the person sitting at the top of our government is not just unqualified. He is unfit. Can we really make it to January with trump at the helm, as he is now? After an election that looks to be a complete blowout, will he be any steadier? No.

What about the terrorists* he's been stoking at rallies and on Twitter? The FBI has stopped one attempt at overthrow of a state governor, one that might have ended in her death. That's just what ONE of the many little neo-nazi groups has been up to lately that we know of.

Pelosi is right. She's making it clear that if trump can't control himself, his VP and his party need to do something to rein him in. It's time to talk about it now. Public awareness is necessary. Informed public opinion does matter.


*I originally called them militias. That word gives them a legitimacy they do not deserve.

BarbD

(1,428 posts)
90. I believe you've got it right.
Thu Oct 8, 2020, 02:40 PM
Oct 2020

Just get people thinking and talking about it. And, VOTE, VOTE, VOTE!

elleng

(141,926 posts)
51. Section 4 Whenever the Vice President and a majority of either the principal officers
Thu Oct 8, 2020, 12:36 PM
Oct 2020

of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office

LovingA2andMI

(7,006 posts)
53. More Details...
Thu Oct 8, 2020, 12:44 PM
Oct 2020
"Speaker Nancy Pelosi (D-Calif.) said Thursday that Democrats will hold an event on Friday to discuss the 25th Amendment amid concerns over President Trump’s coronavirus diagnosis.

“Tomorrow, by the way, tomorrow, come here tomorrow. We're going to be talking about the 25th Amendment. But not to take attention away from the subject we have now,” she said in response to a question at a press conference regarding a possible coronavirus stimulus package.

When pressed for clarification as to whether Pelosi believes it is time to invoke the 25th Amendment, which delineates presidential succession, she declined to provide an explicit answer but hinted the discussion was tied to what she said was a lack of transparency from the White House over Trump’s health.

“I’m not talking about it today except to tell you, if you want to talk about that, we’ll see you tomorrow,” she said. “But you take me back to my point, Mr. President, when was the last time you had a negative test before you tested positive? Why is the White House not telling the country that important fact about how this made a hotspot of the White House?”


Read more: https://thehill.com/homenews/house/520191-pelosi-were-going-to-be-talking-about-25th-amendment

TimeToGo

(1,443 posts)
87. Pence and the Cabinet are on CNN talking about?
Thu Oct 8, 2020, 02:38 PM
Oct 2020


Seriously people have been "talking" about it since January 2017

Just went to CNN web and it isn't there -- NY Times, the same -- if this was actually on the table it would be the top story.

I can't say that won't be true tomorrow or the next day, but I really don't think we are served by this other than as water cooler talk.

TimeToGo

(1,443 posts)
92. Sigh
Thu Oct 8, 2020, 02:47 PM
Oct 2020

Sorry, that's not the same thing. Pelosi has no authority in this at all. Nor do congressional repubs.

They just don't.

Now maybe, maybe, something is going to break -- next hour, next day, next week. Maybe the VP is signalling something through back channels. But this isn't it. This is talking heads stuff -- not news.

Personally, I don't think Pence would make a move against Trump if Trump was doing naked ballet on the front lawn. But who knows.

stopdiggin

(15,430 posts)
98. funny. I don't see a single member of "the Cabinet"
Thu Oct 8, 2020, 02:59 PM
Oct 2020

on the screen. And Republicans on the hill "furious" has been the story since ....

Recommending you don't hold your breath on this one ...

llmart

(17,590 posts)
67. Here's my scenario...
Thu Oct 8, 2020, 01:10 PM
Oct 2020

After last night's debate debacle and Pence's fly and all the humiliating humor, memes and derision that the fly episode generated, Trump took Pence to the woodshed (verbally, of course) and went on one of his name-calling rants and raves to Pence. Pence tucked his tail between his legs and went back to Mother and didn't sleep a wink for spending the night deciding he had had enough and was going to get revenge. Pence contact Pelosi and says, "I'm ready to invoke the 25th. Let's do this."

Now wouldn't that be the best revenge?

Pobeka

(5,004 posts)
68. Someone smart is going to capture the news cycle for a couple of weeks.
Thu Oct 8, 2020, 01:15 PM
Oct 2020

And it won't be favorable for Trump.

Pelosi is one of the sharpest knives in the drawer...

Matters not if it is even possible, it's all about the news cycle right before the election.

Roc2020

(1,786 posts)
72. Slim chance, but the fact
Thu Oct 8, 2020, 01:37 PM
Oct 2020

that the 25th is even in discussion says a lot about the precipice the country finds itself

Bubs55

(20 posts)
84. Really? Just weeks before the election.
Thu Oct 8, 2020, 02:33 PM
Oct 2020

I hope this does not backfire, as some voters may see this as petty.

LovingA2andMI

(7,006 posts)
85. Did You Miss The Plot....
Thu Oct 8, 2020, 02:36 PM
Oct 2020

To Kidnap and Worst The Governor of Michigan AFTER Trump Stated "Liberate Michigan" to his Militia Cult Followers?

We have to do what we have to do! PERIOD!

Also, you are pretty NEW around these parts. Umm....

Bubs55

(20 posts)
91. I do realize tRump said that, and did not realize that was Pelosi's reason for trying the 25th.
Thu Oct 8, 2020, 02:45 PM
Oct 2020

Just pointing out some voters on the edge may not like it, and give a sympathy vote for
tRump.

LovingA2andMI

(7,006 posts)
96. Do You Understand What The 25th Amendment Means or is Used For?
Thu Oct 8, 2020, 02:55 PM
Oct 2020

Look it up and Welcome to DU.

 

oldsoftie

(13,538 posts)
86. This would only HELP trump. Stop with this nonsense.
Thu Oct 8, 2020, 02:37 PM
Oct 2020

Pelosi should know better. Unless she's just toying with him like a cat with a mouse.

LovingA2andMI

(7,006 posts)
88. How Exactly?
Thu Oct 8, 2020, 02:39 PM
Oct 2020

The American People have a RIGHT TO KNOW if the President is Crazy because he surely seems like it.

So....STOP with this nonsense!

 

oldsoftie

(13,538 posts)
115. As stated in #93, she has no say in the 25th. So it becomes fodder for the right.
Thu Oct 8, 2020, 06:55 PM
Oct 2020

And a total waste of time

bdamomma

(69,532 posts)
116. seems like it????
Thu Oct 8, 2020, 07:09 PM
Oct 2020

definitely he is not well mentally. The first premise of psychological intervention is the patient a threat to himself and others he must be admitted.

stopdiggin

(15,430 posts)
93. Pelosi has no role in the process of 25th
Thu Oct 8, 2020, 02:51 PM
Oct 2020

And she is fully aware of that. The Speaker is just playing the press. (and rather expertly, one might add) Nothing more.
----- -----

TruckFump

(5,838 posts)
105. Have not read all the way thriough the replies, but my first thought?
Thu Oct 8, 2020, 05:52 PM
Oct 2020

This recourse to the 25th Amendment could throw a major wrench in the Barrett nomination.

I just know RBG is doing the case strategy on this one...hope she is wearing her dissent collar! It always fired her up!

Love you, RBG...

onenote

(46,135 posts)
109. How? The House can't do anything vis-a-vis the 25th amendment that would impact the Senate.
Thu Oct 8, 2020, 06:10 PM
Oct 2020

TruckFump

(5,838 posts)
118. The issue is his competency. Which means...
Thu Oct 8, 2020, 07:16 PM
Oct 2020

...he was not mentally capable of doing his job in the manner of requisite mental competency. If they period of time alleged by the House covers the time of the Barrett nomination, that action is called into question. Until he is deemed competent, it appears to be an action which can be delayed until the issue of his competency is decided.

TruckFump

(5,838 posts)
123. Admissible evidence on the standard and..,
Thu Oct 8, 2020, 08:08 PM
Oct 2020

...admissible factual evidence with expert opinion based thereon. Pretty much as done in any litigation wherein competency is at issue.

onenote

(46,135 posts)
124. So the House is going to convene hearings and call witnesses who have not personally examined
Thu Oct 8, 2020, 08:20 PM
Oct 2020

Trump?

That's going nowhere. And the Repubs will call their own "experts" who will disagree.

And it still won't have any impact on what the Senate does.

TruckFump

(5,838 posts)
132. Your point?
Thu Oct 8, 2020, 08:38 PM
Oct 2020

That’s how legal decisions are made. The issue is not what the Senate does. The issue is to delay the hearings on Barrett with actions that the House can do.

onenote

(46,135 posts)
133. the point is that it won't have the slightest effect on the Senate hearings.
Thu Oct 8, 2020, 08:59 PM
Oct 2020

McConnell will forge ahead regardless of what the House does or doesn't do.

onenote

(46,135 posts)
135. As is your right.
Thu Oct 8, 2020, 09:10 PM
Oct 2020

After all, there are people who disagree with the idea we landed men on the moon.

onenote

(46,135 posts)
108. Nonsense. I haven't seen anyone "upset" at the idea. Just realistic about it.
Thu Oct 8, 2020, 06:10 PM
Oct 2020

You seem to be upset by reality.

UnderThisLaw

(335 posts)
122. Which is exactly why I posted my reply to the OP
Thu Oct 8, 2020, 08:07 PM
Oct 2020

The fact that you took it personally speaks volumes

bdamomma

(69,532 posts)
111. FINALLY
Thu Oct 8, 2020, 06:22 PM
Oct 2020

Don't you wish several psychiatrists and psychologists go into the WH and just restrain him and admit him.

 

brooklynite

(96,882 posts)
130. No, it's not...
Thu Oct 8, 2020, 08:31 PM
Oct 2020

Pelosi can talk about the 25th Amendment the same way we can. The only authority lies with the Vice President and the Cabinet.

Wash. state Desk Jet

(3,426 posts)
141. Did you know
Thu Oct 8, 2020, 09:48 PM
Oct 2020
https://www.bing.com/search?q=lyndon+johnson%27s+vice+president+1963&qs=SC&pq=lindon+johnsons+vice+pri&sk=SC1&sc=7-24&cvid=B8DD19D47D874C4B8C93DF359DFF4626&FORM=QBLH&sp=2&ghc=1

During the period between the assassination of President John F. Kennedy on November 22, 1963 and January 20, 1965 President Lyndon B. Johnson had no Vice President. It was not until after the 1964 presidential election, that re-elected Lyndon Johnson and his inauguration, that Hubert Humphrey would be sworn in as Vice President.

Aussie105

(7,905 posts)
142. The optics are good.
Thu Oct 8, 2020, 11:04 PM
Oct 2020

Pelosi mentioning the 25th may get some Republicans thinking Trump isn't all there anymore, and start looking at his current behavior.

Won't get anywhere, but he optics are good.

Be honest, is Trump's current behavior that of a sane person? Was it ever?

OneBlueSky

(18,536 posts)
144. careful . . . this might well be seen as a "coup attempt" by those on "stand by" . . .
Fri Oct 9, 2020, 01:29 AM
Oct 2020

and who knows what they might do . . . I think handling it as quietly as possible may be the better course . . . bwdik? . . .

 

ehrnst

(32,640 posts)
146. It's being discussed. I don't know how far it can go past that without Pence being on board. (nt)
Fri Oct 9, 2020, 08:43 AM
Oct 2020

George II

(67,782 posts)
148. What they're going to do is introduce legislation that would enable Congress to be involved....
Fri Oct 9, 2020, 10:24 AM
Oct 2020

.....in implementing the 25th Amendment.

This doesn't have anything to do with taking action against trump.

speaknow

(321 posts)
149. We don't need
Fri Oct 9, 2020, 11:30 AM
Oct 2020

Congress to BS about the 25th Amendment .
The People of The United State's will
give that POS the 23th Amendment soon
enough. Vote that's our 25th Amendment.

Latest Discussions»General Discussion»25th Amendment Is FINALLY...