Maxine Waters Says Trump's Actions Warrant 25th Amendment Review

[BumRushDaShow]

17. That only applies if he is even cognizent enough to do so

Remember this?

H.Res.21 - Calling on Vice President Michael R. Pence to convene and mobilize the principal officers of the executive departments of the Cabinet to activate section 4 of the 25th Amendment to declare President Donald J. Trump incapable of executing the duties of his office and to immediately exercise powers as acting President.

And Pence declined - Letter to Speaker Nancy Pelosi on 25th Amendment Resolution

But the Amendment says this -

25th Amendment

(snip)

Section 4.

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.

The OPTION mentions the "Principal Officers" and during the circumstances that you are assuming would only be the case, the notification has almost always been transmitted BY the President (often for a medical procedure involving anesthesia, etc) noting the "temporary transfer of power" to the VP. Otherwise, there is apparently an opportunity (loophole - which was the point of that Resolution in 2021) for the VP and Principal Officers to countermand.