After a damning report about President Joe Biden’s mental fitness, one Republican is demanding what Democrats always wanted for former President Donald Trump: invoke the 25th Amendment.
New York Republican Rep. Claudia Tenney sent a letter to Attorney General Merrick Garland on Thursday night asserting that she had “grave concerns” about Biden after Special Counsel Robert Hur’s “alarming” assessment of the president’s mental capacity.
As the Tampa Free Press reported last week, Hur concluded that Biden did willfully and wrongfully keep classified materials, but that he should not be prosecuted for mishandling them because a jury would be unlikely to convict him.
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Given Biden’s mental state, Hur wrote, jurors could be persuaded to see Biden as classified records “well-meaning, elderly man with a poor memory,” instead of a crook who willfully hid classified materials.
Hur’s questioning of Biden revealed that he could not recall when he served as vice president (2009 to 2017) and when his son Beau died, even though Biden has repeatedly brought up his son’s death for political points, including recently when he spoke to the family of one of three U.S. troops killed in Jordan by a militants’ attack.
During a hastily called press conference Thursday night to address Hur’s report, Biden referred to Egyptian President Abdel Fattah al-Sisi as the president of Mexico.
In response, Tenney apparently fired off a letter to Garland demanding immediate action to remove Biden under constitutional grounds.
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The 25th Amendment spells out the process for transferring power to the vice president if the president dies, is mentally or physically incapacitated, is removed from office or resigns.
To invoke the law, the vice president takes over as president if a majority of the Cabinet and a two-thirds supermajority of Congress agree that the president is no longer physically or mentally fit for office.
According to Fox News, Tenney wrote to Garland that the “Special Counsel’s reasoning [for not pursuing the case] was alarming.”
“He recited numerous instances in which President Biden exhibited dramatically compromised mental faculties and concluded that a jury would be likely to perceive President Biden as a sympathetic and forgetful old man,” she wrote.
Tenney added that “selective prosecution is morally, ethically, and legally prohibited.”
“We don’t prosecute or decline to prosecute people based on their personalities, or on the public’s anticipated perception of them,”
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Tenney told Garland in the letter. “If Special Counsel finds that the evidence forms a reasonable basis to bring charges, he must do so.”
The Justice Department “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.”
“It is incumbent upon you to explore proceedings to remove the President pursuant to the 25th Amendment to the United States Constitution,” she wrote. “President Biden needs to be charged, or he needs to be removed. There is no middle ground.”
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Tenney is not the only one to make this case.
As the Free Press reported last week, Georgia GOP Rep. Marjorie Taylor Greene said Hur’s report put America in a “national security crisis.”
“Joe Biden is unfit to serve as POTUS! Two solutions: 25th Amendment or impeachment,” she said on X.
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