Representative Ken Buck, a Republican from Colorado, has recently made headlines by introducing a controversial resolution. This resolution urges the Cabinet to remove President Joe Biden from office under the 25th Amendment. Previously, Buck was critical of his own party’s apparent rush to impeach Biden.
Buck’s Proposal
Buck claims his resolution is a reaction to what he claims is President Biden’s evident cognitive decline. In his resolution, Buck referred to the results of Special Counsel Robert Hur’s investigation into Biden. He spoke about Hur’s comments about Biden being “a sympathetic, well-meaning, elderly man with a poor memory.” Buck claims this compromises his ability to lead the nation effectively.
Special Counsel Hur’s Report
The Hur report was meant to investigate allegations that Biden has mishandled classified documents. Although it stopped short of recommending criminal charges against Biden, it did highlight the President’s apparent memory lapses. It suggested that his age meant there was no need to prosecute him.
Hur’s Comments
In his report, Hur concluded by saying, “at trial, Mr. Biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory. Based on our direct interactions with and observations of him, he is someone for whom many jurors will want to identify reasonable doubt.”
Not Recommending Conviction
He continued, “It would be difficult to convince a jury that they should convict him-by then a former president well into his eighties-of a serious felony that requires a mental state of willfulness. We conclude the evidence is not sufficient to convict, and we decline to recommend prosecution of Mr. Biden.”
The 25th Amendment
Buck’s resolution suggested using the 25th Amendment to remove Biden from office. This Amendment is meant to address presidential incapacity. It allows the Vice President and a majority of the Cabinet to declare a president unfit. However, it has not been used in such a context as this before.
Historical Context
The 25th Amendment was created after President John F. Kennedy’s assassination to address issues of presidential succession. It has been used before for temporary transfers of power, such as during presidential medical procedures. However, it has never been used to permanently remove a president due to incapacity.
Challenges of Invoking the 25th Amendment
However, it is not easy to involve Section 4 of the Amendment. Not only does there need to be a consensus and potential congressional action, but they must also send a written declaration to the Speaker of the House and the President pro tempore of the Senate. This way, it can be only used under serious and justifiable circumstances.
The Proposal
The proposal makes numerous references to Biden’s public speaking mistakes and slip-ups. For example, it mentions how “President Joseph R. Biden has been televised wandering aimlessly at events.” It claims he “frequently speaks publicly in an incoherent and indiscernible manner, often with the aid of a teleprompter” and that he “has repeatedly fallen while walking upstairs.”
Buck’s Fears
In the proposal, Buck makes his fears about Biden clear, saying he “has access to the ‘nuclear football’ that enables the President to transmit orders to our military leaders to launch a nuclear strike against a foreign adversary in defense of the United States.” It also mentions he “represents the interests of the United States before hostile foreign leaders and is authorized to respond to […] emergencies, all of which necessitate a leader who is of sound mind.”
Calling on Harris
Buck concluded the proposal by calling on Vice President Kamala Harris “to immediately use her powers under section 4 of the 25th Amendment to convene and mobilize the principal officers of the executive departments in the Cabinet to declare what is obvious to a horrified Nation: That the President is unable to successfully discharge the duties and powers of his office.”
Final Message
It also asks for her “to transmit to the Speaker of the House of Representatives and the President pro tempore of the Senate notice that she will immediately assume the powers and duties of the office as Acting President.” It says Harris must declare Biden “incapable of executing the duties of his office and to immediately exercise powers as Acting President.”
Public Perception
However, it is not just Buck who is concerned about Biden’s mental fitness. A Quinnipiac University survey revealed that around 64% of voters doubt Biden’s mental capacity for a second term. Other polls show that this is not just a Republican concern, as many Democrats also feel the same way.
Buck’s Future Plans
Buck previously announced he would not seek reelection. He has continually positioned himself as a critical voice within his party. He claimed that his party’s earlier moves to impeach Biden were rushed and did not have enough evidence to support them, calling them “failure theater.” He also rejected moves to impeach Alejandro Mayorkas, the Homeland Security Secretary.
Other Statements
In another statement, Buck said, “The societal challenges and security threats our country faces are innumerable and require a chief executive with both strong mental and physical faculties. The time has come for the Vice President and the Cabinet to put our country first and move forward on invoking the 25th Amendment.”
Public Concerns Over Presidential Fitness
Questions over presidents’ mental fitness are not new. Previous administrations, including that of President Donald Trump, faced similar questions, and some people have recently questioned Trump’s capabilities given that he has made several slip-ups, too. As presidents get older, people’s concerns over cognitive ability have become more common.
Ken Buck’s Legal Background
Before entering politics, Buck worked as a prosecutor, which influenced his approach to legislative and ethical issues in Congress. Some legal analysts have argued that this is also why he has been more cautious about invoking things like the 25th Amendment. Previously, he has shown a more systematic and evidence-based approach to government.
Bipartisan Perspectives on the 25th Amendment
Usually, questions over presidential fitness and the 25th Amendment are more partisan. However, recent polls and surveys indicate that members of both parties are concerned about President Biden’s mental capabilities. Buck’s proposal has already created controversy on either side of the party line.
Impact on Public Trust
Additionally, political analysts have argued that Buck’s proposal will affect public trust in the government. Even if it is not passed, people will still likely feel doubts about both Biden and the government as a whole. Whatever happens next will either cause people to feel more confident or more skeptical about the current leadership.
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