The Special Counsel Report, the 25th Amendment, and Joe Biden

[kazoolaw]

The Special Counsel’s Report* found that Biden presents as a “sympathetic, well-meaning elderly man with a poor memory.” It also found he willfully maintained and disclosed highly classified information.

The 25th Amendment Section 4 provides a mechanism for removal of the President if he is found to be incapable of performing his duties.**

Based on the accumulation of mental lapses (talking to dead foreign heads of state) and the Special Prosecutor’s Report is there a basis to pursue removal under the 25th Amendment?

If the Special Prosecutor’s Report is wrong about his mental capacity, the reason cited not to prosecute, should prosecution be pursued?





* https://www.justice.gov/storage/repo...ruary-2024.pdf

** https://www.law.cornell.edu/constitution/amendmentxxv

[dneal]

No honest person can credibly argue their way out of this dilemma, although the attempts will be entertaining.

[kazoolaw]

Someone more cynical than I am points out the Report actually states “Mr. Biden would likely present himself to a jury, as he did during our interview of him…”

The language can be reasonably interpreted as meaning Biden was faking it in the interview and would again at trial.

Curiouser and curiouser.

[dneal]

That's a pretty big stretch. The man talks about red states and green states in a press conference.

[kazoolaw]

Another explanation: Special Counsel takes care not to make a diagnosis while saying that’s exactly what JRB looks like.

[dneal]

Another explanation: Special Counsel takes care not to make a diagnosis while saying that’s exactly what JRB looks like.

Well, the WH press secretary did accuse Mr. Hur of being a Republican.

I'll defer to the Democrats, as they are the most well-practiced experts on political witch hunts.

[kazoolaw]

Dem criticism today: “He’s not a doctor.”
Too predictable.

[Warbler]

No honest person can credibly argue their way out of this dilemma, although the attempts will be entertaining.

well if in fact Biden is incapable of performing his duties, it is up to the VP and his cabinet to vote to remove and send documentation to Congress. Btw, that would mean that Harris would take over. Would you prefer her?

[Warbler]

Someone more cynical than I am points out the Report actually states “Mr. Biden would likely present himself to a jury, as he did during our interview of him…”

The language can be reasonably interpreted as meaning Biden was faking it in the interview and would again at trial.

Curiouser and curiouser.

One can also argue there is a difference between someone presenting himself as a sympathetic, well-meaning, elderly man with a poor memory and being actually mentally unfit for office.

This is not to say that I do not have concerns about his mental state, I do in fact have concerns. This why I think Biden should seriously consider dropping of the race and letting the dems support someone else. Hopefully a fresh face without scandals.

[Warbler]

Another explanation: Special Counsel takes care not to make a diagnosis while saying that’s exactly what JRB looks like.

Well, the WH press secretary did accuse Mr. Hur of being a Republican.

I'll defer to the Democrats, as they are the most well-practiced experts on political witch hunts.

as if Trump and the Republicans would never go on political witch hunts.

[dneal]

Another explanation: Special Counsel takes care not to make a diagnosis while saying that’s exactly what JRB looks like.

Well, the WH press secretary did accuse Mr. Hur of being a Republican.

I'll defer to the Democrats, as they are the most well-practiced experts on political witch hunts.

as if Trump and the Republicans would never go on political witch hunts.

Trump and Republicans held power from 2016-2018, immediately after Hillary's illegal classified server was briefed to the nation by James Comey. She had devices wiped using "bleach bit" software, and physically damaged them with hammers - destroying evidence and obstructing justice. She never saw a day in court because no charges were raised by Trump and Republicans.

In fact, the only political witch hunt that followed was Steele Dossier, Russian Collusion, and Mueller Report; all one big hoax from Hillary and (as we now know) Obama.

[Warbler]

But her emails again huh? Do you really they'd be going after Biden's son the way they are if he wasn't Biden's son? or if Biden were a Republican President? I doubt. You really think Trump, after how he has been talking ("I am your retribution", "A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution", “I didn’t say that. I said I want to be a dictator for one day. You know why I wanted to be a dictator? Because I want a wall, and I want to drill, drill, drill,” ) it is pretty clear that he is going to go on witch hunts.

Also I probably don't agree you on all thinks you would call Democrat witch hunts.

My thing is, that both parties are capable of going on witch hunts if it suits them politically.

[dneal]

No, not her emails. Her illegal actions described in detail by the Director of the FBI - that Trump didn't act on. Sorry that facts discount your narrative.

Biden's son would have been in jail a long time ago. A certain Democrat named Menendez is still in office, after being caught with literal gold bars; while a weirdo Republican was kicked out of a Republican controlled House.

But your partisanship and TDS begins to show through the cracks with your Trump comments. He didn't "lock her up" when he was President. Should he get another chance, I hope he cleans house - but that needs to happen regardless. I'm happy for RFK to do it too. There'll just be a whole lot more wailing and gnashing of teeth if it's Trump.

Democrats break norms and set standards for immediate political advantage, and it comes back to bite them. To get back on topic, we heard for four years how Trump needed to be removed with the 25th Amendment. The sitting President surely meets that criteria, but Democrats play dumb as the electorate and rest of the world watches. There's clear cause to initiate impeachment proceedings, as the lies about "10% for the big guy" have collapsed; but Republicans aren't doing the very thing you claim they would do.

[Warbler]

No, not her emails. Her illegal actions described in detail by the Director of the FBI - that Trump didn't act on. Sorry that facts discount your narrative.

and her actions involve her emails right? I am not saying she didn't do anything bad. I am just saying despite that she would have been better than Trump

Biden's son would have been in jail a long time ago. A certain Democrat named Menendez is still in office, after being caught with literal gold bars; while a weirdo Republican was kicked out of a Republican controlled House.

Maybe Biden's son would have been in jail a long time ago, maybe not. But it is clear what the real reason the Republicans are going after him(not that the Dems wouldn't do if the shoe were on the other foot)

As a citizen of NJ. I am all for getting rid of Menendez, He is a disgrace and can longer be trusted with his office. The sooner he goes the better.

Santos' exit was well deserved. He lied about just about everything. The guy is a disgrace and fraud. Should have been thrown out a lot sooner.

But your partisanship and TDS begins to show through the cracks with your Trump comments. He didn't "lock her up" when he was President. Should he get another chance, I hope he cleans house - but that needs to happen regardless. I'm happy for RFK to do it too. There'll just be a whole lot more wailing and gnashing of teeth if it's Trump.

maybe I am partisan, I try not to be, but maybe I am. I do admit to hating Trump. But your partisanship also shows through the cracks. What is TDS?

Maybe someone should clean house. But it should be done legally and within the rules of the US Constitution. Not a dictatorship, even for day.

Democrats break norms and set standards for immediate political advantage, and it comes back to bite them.

The GOP would do the same(not that it makes it right)

To get back on topic, we heard for four years how Trump needed to be removed with the 25th Amendment. The sitting President surely meets that criteria, but Democrats play dumb as the electorate and rest of the world watches. There's clear cause to initiate impeachment proceedings, as the lies about "10% for the big guy" have collapsed; but Republicans aren't doing the very thing you claim they would do.

They are playing dumb because right not Biden is the only thing standing between the Oval Office and dictator(for just one day). I honestly fear for the future of our Democratic Republic and our rights should Trump get back to the White House. But I agree that it is more than possible that Biden is mentally unfit for office. I like I have said before I wish he would drop out and the Dems would go for a fresh face.

[kazoolaw]

”They are playing dumb because…” of political expedience. Same shoe, different foot.

[Warbler]

I stand by what I said. I’d rather have an a President with memory issues than a dictator.

[dneal]

People who believe Trump will be a dictator also tend to believe you can overthrow a country with deadly flagpoles.

[kazoolaw]

I stand by what I said. I’d rather have an a President with memory issues than a dictator.

When a President has no memory you have a Wizard behind a curtain that we didn’t elect who has seized power.
A de facto dictator.

[Warbler]

I stand by what I said. I’d rather have an a President with memory issues than a dictator.

When a President has no memory you have a Wizard behind a curtain that we didn’t elect who has seized power.
A de facto dictator.

1. There is a difference between having memory issues and having no memory.
2. A dictator isn’t just someone you didn’t elect. Hitler was elected. A dictator is someone that wants to set aside all checks and balances. Kind of like someone that says “ A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution” and “ You are promising America tonight you would never abuse power as retribution against anybody? Hannity said "Except for Day One” and “ I didn’t say that. I said I want to be a dictator for one day. You know why I wanted to be a dictator? Because I want a wall, and I want to drill, drill, drill”

[dneal]

I'll take a self-proclaimed one-day dictator over a 4-year anonymous de facto dictator.