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(169,512 posts)(ETA - and hopefully that's a fucking shot across Turtle's bow)
Response to LovingA2andMI (Original post)
Sherman A1 This message was self-deleted by its author.
LovingA2andMI
(7,006 posts)Is a PART of the PROCESS.
That is Nancy Pelosi. FYI.
Response to LovingA2andMI (Reply #6)
Sherman A1 This message was self-deleted by its author.
LovingA2andMI
(7,006 posts)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)
Sherman A1 This message was self-deleted by its author.
volstork
(5,835 posts)The VP is first.
LovingA2andMI
(7,006 posts)And...
The point is she is IN the DISCUSSION. Thank you!
Zeitghost
(4,557 posts)But that has nothing to do with invoking the 25th amendment. That power belongs to the VP and the Cabinet.
LovingA2andMI
(7,006 posts)Would you like a cookie? Back to the point of the post, please.
Zeitghost
(4,557 posts)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".
LovingA2andMI
(7,006 posts)Stand and Fight
(7,520 posts)orangecrush
(30,194 posts)We shall see.
brooklynite
(96,882 posts)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)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.
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.
lagomorph777
(30,613 posts)tinrobot
(12,058 posts)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.
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)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)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)
Sherman A1 This message was self-deleted by its author.
crickets
(26,168 posts)Welcome to DU, Marius25!
Tanuki
(16,440 posts)getagrip_already
(17,802 posts)Neither is going to happen.
The process that exists is the vp and cabinet.
gristy
(10,733 posts)And that she is both justified and responsible for doing so.
Statistical
(19,264 posts)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)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)
Sherman A1 This message was self-deleted by its author.
whopis01
(3,919 posts)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)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)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)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)Not what is going to happen with this Congress.
BumRushDaShow
(169,512 posts)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)
Sherman A1 This message was self-deleted by its author.
BumRushDaShow
(169,512 posts)and it lead to a Politico reporter -
Link to tweet
TEXT
@JakeSherman
>@mkraju just asked pelosi if it was time to invoke the 25th amendment
@SpeakerPelosi said shell 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)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?
Hekate
(100,133 posts)onenote
(46,135 posts)Congress cannot invoke the 25th amendment.
Response to onenote (Reply #3)
Sherman A1 This message was self-deleted by its author.
pat_k
(13,329 posts)LovingA2andMI
(7,006 posts)He is Mentally Ill among other things.
Hugin
(37,840 posts)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)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)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)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)getagrip_already
(17,802 posts)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)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)In theory any President can be removed by impeachment however that requires a Congress which puts country before party.
Calculating
(3,000 posts)Why now? Just vote this lunatic out, the polls all show him losing in a landslide.
CloudWatcher
(2,127 posts)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)It's his only predictable feature. Revenge. It's the only thing that gives him pleasure.
CloudWatcher
(2,127 posts)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.
Le Roi de Pot
(744 posts)onenote
(46,135 posts)exboyfil
(18,359 posts)Ha ha. Won't happen. The House can't do anything at this point.
Statistical
(19,264 posts)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.
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.
My Pet Orangutan
(12,597 posts)Doodley
(11,883 posts)what a danger Trump is to America before they cast their vote.
Blueplanet
(253 posts)It needs to be discussed now! Let's see what happens.
Botany
(77,288 posts)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)omgomgomgomgomgomgomgomgomgomgomgomgomgomgomgomgomgomg
omgomgvomgomgomgomgomgomgomgomgomgomgomgomg
omgomgomgomgomgomgomgomgomgomgomgomgomgomg
JCMach1
(29,198 posts)As in now with dexamethasone and remsdesivir.
Not kidding. Day 6 out of hospital with Covid Pneumonia
moonscape
(5,714 posts)ihas2stinkyfeet
(1,400 posts)if she has the gang of 8, and the joint chiefs, what is the fly boy gonna say?
Statistical
(19,264 posts)ihas2stinkyfeet
(1,400 posts)care to wager?
Statistical
(19,264 posts)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)That would be interesting.
MineralMan
(151,220 posts)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)It sounds like she knows something we dont know.
Turin_C3PO
(16,385 posts)the discussion out there. That's my guess.
Captain Zero
(8,900 posts)Works for me.
Marius25
(3,213 posts)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)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.
Marius25
(3,213 posts)How are they going to approve it?
Renew Deal
(85,109 posts)sarisataka
(22,670 posts)Doing is *slightly * more problematic
NYC Liberal
(20,453 posts)This is about setting a narrative. It will cause Trumps competence and ability to govern to be a discussion / debate in the final weeks of the campaign. Itll force Trump to defend himself. Thats the point.
BlueWavePsych
(3,333 posts)crickets
(26,168 posts)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)Just get people thinking and talking about it. And, VOTE, VOTE, VOTE!
BlueWavePsych
(3,333 posts)themaguffin
(5,214 posts)elleng
(141,926 posts)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
pandr32
(14,254 posts)LovingA2andMI
(7,006 posts)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 Trumps health.
Im not talking about it today except to tell you, if you want to talk about that, well 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)LovingA2andMI
(7,006 posts)n/t
TimeToGo
(1,443 posts)(prob should be, but . . .)
LovingA2andMI
(7,006 posts)Being talked about on CNN right now.
TimeToGo
(1,443 posts)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.
LovingA2andMI
(7,006 posts)TimeToGo
(1,443 posts)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)on the screen. And Republicans on the hill "furious" has been the story since ....
Recommending you don't hold your breath on this one ...
shenmue
(38,597 posts)llmart
(17,590 posts)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?
exboyfil
(18,359 posts)Pobeka
(5,004 posts)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)that the 25th is even in discussion says a lot about the precipice the country finds itself
Dark n Stormy Knight
(10,484 posts)Now!!!
Pepsidog
(6,365 posts)marble falls
(71,893 posts)Evolve Dammit
(21,766 posts)Cozmo
(1,402 posts)eleny
(46,176 posts)Bubs55
(20 posts)I hope this does not backfire, as some voters may see this as petty.
LovingA2andMI
(7,006 posts)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)Just pointing out some voters on the edge may not like it, and give a sympathy vote for
tRump.
LovingA2andMI
(7,006 posts)Look it up and Welcome to DU.
Bubs55
(20 posts)... and thanks for the warm welcome!
oldsoftie
(13,538 posts)Pelosi should know better. Unless she's just toying with him like a cat with a mouse.
LovingA2andMI
(7,006 posts)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)And a total waste of time
bdamomma
(69,532 posts)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)And she is fully aware of that. The Speaker is just playing the press. (and rather expertly, one might add) Nothing more.
-----
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MichaelSoE
(1,576 posts)TruckFump
(5,838 posts)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)TruckFump
(5,838 posts)...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.
onenote
(46,135 posts)TruckFump
(5,838 posts)...admissible factual evidence with expert opinion based thereon. Pretty much as done in any litigation wherein competency is at issue.
onenote
(46,135 posts)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)Thats 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)McConnell will forge ahead regardless of what the House does or doesn't do.
TruckFump
(5,838 posts)onenote
(46,135 posts)After all, there are people who disagree with the idea we landed men on the moon.
TruckFump
(5,838 posts)We know the earth is an orb.
UnderThisLaw
(335 posts)onenote
(46,135 posts)You seem to be upset by reality.
UnderThisLaw
(335 posts)onenote
(46,135 posts)UnderThisLaw
(335 posts)The fact that you took it personally speaks volumes
LovingA2andMI
(7,006 posts)Right. Wonder Why?
orangecrush
(30,194 posts)Is certainly apparent.
warmfeet
(3,321 posts)Asking for a friend.
bdamomma
(69,532 posts)Don't you wish several psychiatrists and psychologists go into the WH and just restrain him and admit him.
Oppaloopa
(954 posts)keithbvadu2
(40,915 posts)This presentation discusses the 25th.
brooklynite
(96,882 posts)Pelosi can talk about the 25th Amendment the same way we can. The only authority lies with the Vice President and the Cabinet.
ffr
(23,393 posts)orangecrush
(30,194 posts)We shall see what Nancy is referring to.
She is not one for idle words.
Wash. state Desk Jet
(3,426 posts)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)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)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)George II
(67,782 posts).....in implementing the 25th Amendment.
This doesn't have anything to do with taking action against trump.
speaknow
(321 posts)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.