Republican lawmakers are calling on President Joe Biden’s Cabinet to invoke the 25th Amendment after special counsel Robert Hur’s report detailed the president’s “significantly limited” memory.
The lengthy report released on Thursday about the investigation into Biden’s handling of classified documents did not recommend criminally charging the president. What it did include, however, were several observations about Biden’s mental ability.
Using the report as evidence, several Republican lawmakers called for Biden’s Cabinet to deem him unfit to serve as president under the 25th Amendment.
This report labels Biden as a “well meaning, elderly man with a poor memory.”
— Rick Scott (@SenRickScott) February 8, 2024
That does not describe someone who should be the Commander in Chief of our armed forces and the defender of American freedoms. It’s time for his cabinet to invoke the 25th Amendment. https://t.co/zFFTWnDAtI
“This report labels Biden as a ‘well meaning, elderly man with a poor memory.’ That does not describe someone who should be the Commander in Chief of our armed forces and the defender of American freedoms. It’s time for his cabinet to invoke the 25th Amendment,” Sen. Rick Scott (R-FL) wrote on X.
Sens. Mike Lee (R-UT) and Josh Hawley (R-MO) said on separate social media posts that it was “time” for the 25th Amendment to be invoked. Lee asked, “If ever there were a time to invoke the 25th Amendment, wouldn’t that time be now?”
Rep. Marjorie Taylor Greene (R-GA), in response to a House GOP leadership statement calling Biden “certainly unfit for the Oval Office,” said the president must be removed via the 25th Amendment or impeached.
The Special Counsel’s report exposing that Joe Biden’s mental decline is so severe that he can not stand trial means he is unfit for office.
— Rep. Marjorie Taylor Greene?? (@RepMTG) February 8, 2024
We must demand either the 25th amendment be invoked or impeachment. https://t.co/HQT8hGVBua
“The Special Counsel’s report exposing that Joe Biden’s mental decline is so severe that he can not stand trial means he is unfit for office. We must demand either the 25th amendment be invoked or impeachment,” Greene said in a post on X.
Rep. Mike Collins (R-GA) said there has “never been a stronger case for the 25th amendment than right now,” while Rep. Mary Miller (R-IL) called for Biden to resign and, if not, for his Cabinet to invoke the 25th Amendment.
For the safety of our nation, Joe Biden must resign. He could not remember basic facts about his life. He is not competent to remain as Commander-in-Chief & every day that he remains, he puts America at risk. If he won't resign, the Cabinet must invoke the 25th Amendment. pic.twitter.com/ZN7bJM5uZk
— Rep. Mary Miller (@RepMaryMiller) February 8, 2024
“For the safety of our nation, Joe Biden must resign. He could not remember basic facts about his life. He is not competent to remain as Commander-in-Chief & every day that he remains, he puts America at risk. If he won’t resign, the Cabinet must invoke the 25th Amendment,” Miller said in a post on X.
Section 4 of the 25th Amendment allows the vice president, with a majority of the Cabinet, to send a letter to the president pro tempore of the Senate and the speaker of the House to declare the president “unable to discharge the powers and duties of his office,” at which point the vice president assumes the position of acting president.
If the president contests the assessment from his vice president and Cabinet, he can resume his duties unless that same coalition reaffirms their stance to the Senate’s president pro tempore and the speaker of the House within four days.
Congress would then have 48 hours, if not in session, to return to take up the matter and then have 21 days after assembling to vote on whether the president cannot perform his duties.
If two-thirds of both the Senate and the House of Representatives vote that the president is incapable of performing his duties, the vice president remains in place as acting president. If the vote falls short in either chamber, the president remains in place.
Biden did not address the concerns over his “poor memory” but said he was pleased to see “the matter is now closed” in a statement after the report was released.
“I was pleased to see they reached the conclusion I believed all along they would reach — that there would be no charges brought in this case and the matter is now closed,” Biden said.
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Biden’s White House and personal counsel took issue, however, with Hur’s description of Biden’s mental lapses in a letter to the special counsel included in the final report.
“We do not believe that the report’s treatment of President Biden’s memory is accurate or appropriate. The report uses highly prejudicial language to describe a commonplace occurrence among witnesses: a lack of recall of years-old events,” Biden’s White House and personal counsel said.
