Biden transition says he’ll ‘leave’ 25th Amendment decision to Pence

President-elect Joe Biden is happy to condemn President Trump over his supporters storming Congress, but he’ll let Vice President Mike Pence decide whether to remove Trump through the 25th Amendment.

In a statement circulated by transition aide Andrew Bates, Bates said Biden was focused on preparing to take office on Jan. 20 and will “leave it to Vice President Pence, the Cabinet and the Congress to act as they see fit.”

“An unprecedented number of Americans voted Donald Trump out of office because they wanted new leadership that would act decisively to bring the country together, defeat the pandemic, and put Americans back to work,” Bates said Thursday. “Donald Trump disqualified himself long ago, and his actions to foment a violent mob in a vain attack on our democracy, which overwhelmingly failed, were repugnant.”

During an event Thursday unveiling his attorney general pick, Merrick Garland, Biden acknowledged there was interest in whether he backed Trump’s Cabinet pushing the president out via the 25th Amendment.

Other critics have suggested impeaching Trump for a second time. House Speaker Nancy Pelosi told reporters she would consider initiating another impeachment, this time expedited, if no other power players took action.

“If the vice president and Cabinet do not act,” Pelosi said, “the Congress may be prepared to move forward with impeachment.”

Incoming Senate Majority Leader Chuck Schumer was more forceful in his calls for Pence to oust Trump using the 25th Amendment, even though Trump only has 13 days left in the White House.

“The quickest and most effective way — it can be done today — to remove this president from office would be for the vice president to immediately invoke the 25th Amendment,” Schumer said, echoing Republican Illinois Rep. Adam Kinzinger.

The 25th Amendment, Section 4, allows for the vice president to assume the president’s responsibilities if the president is considered unable to serve. The provision is triggered by a majority vote among Cabinet members.

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