Rep. Claudia Tenney has penned a letter to Attorney General Merrick Garland demanding that both he and the rest of President Joe Biden’s cabinet begin proceedings to have him removed from office based on the qualifications listed in the 25th Amendment after the stunning report from Robert Hur was released on Thursday. Yes, the report was really that bad. The press conference that Biden put on later that day as a response to the report only served to support much of the material in the report, which concluded that no charges would be brought against Biden due to his being an old man who gets confused.
It’s the nice way of saying he’s not mentally competent to stand trial.
via The Western Journal:
The letter from the New York Republican apparently went to Garland shortly after the counsel’s “alarming” report was released by Garland on Thursday afternoon. Garland received the report from Hur on Tuesday.
In his report, Hur said he didn’t recommend charges against the president because he was a “sympathetic, well-meaning, elderly man with a poor memory.”
“[I]t would be difficult to convince a jury that they should convict him” of a crime “that requires a mental state of willfulness,” Hur wrote, according to Fox News.
Tenney noted in her letter that if Biden is not competent to stand trial, there’s no way he is competent to serve as the president of the United States.
“The Department of Justice cannot ethically bring charges against former president Trump because he has mental acuity and a forceful personality and decline to bring charges against President Biden because of his cognitive decline,” Tenney went on to say in the letter. “President Biden needs to be charged. Unless he is not mentally competent to stand trial.”
“Candidly, the Special Counsel’s report makes a reasonable case that he is not. Being unable to remember what position he held, and when, is exceptionally concerning. Being unable to remember when one’s child died – even within a time frame of several years – is perhaps more frightening. He may not be competent to stand trial,” the letter read.
“And he most assuredly lacks the ability to execute his presidential responsibilities. Accordingly, it is incumbent upon you to begin proceedings to remove the President pursuant to the 25th Amendment of the United States Constitution. President Biden needs to be charged, or he needs to be removed,” Tenney wrote. “There is no middle ground.”
The 25th Amendment contains the process by which an active, sitting president can be removed from office should the members of his Cabinet determine he is not able to discharge the duties of the commander-in-chief. However, I think it’s pretty unlikely you’ll see a member of Biden’s cabinet do the right thing and make this determination.
But that’s not all it takes to remove a president through the 25th Amendment. Section 4 states that should the sitting president dispute the determination that he’s not able to serve, a vote of two-thirds of both houses of Congress would be required for him to be booted from the position.
In other words, if the 81-year-old Biden doesn’t want to leave the White House — and he has given no indication that he does — then it would be impossible for Republicans in Congress to force him out without support from a significant number of lawmakers from the president’s party.
Biden is either mentally capable to stand trial & should be charged for mishandling classified documents as Vice President OR he is unfit to serve as President.
There is no middle ground.https://t.co/EFIyHVVvUv
— Rep. Claudia Tenney (@RepTenney) February 9, 2024
“Biden is either mentally capable to stand trial & should be charged for mishandling classified documents as Vice President OR he is unfit to serve as President,” she argued a second time in her post.”There is no middle ground.”
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