Pelosi to Announce Bill to Form 25th Amendment Congressional Commission to Study Removing Trump From Office

The press conference will be held at 10:15 a.m. EDT Friday at the Capitol to discuss the Commission on Presidential Capacity to Discharge the Powers and Duties of Office Act to “help ensure effective and uninterrupted leadership in the highest office of the Executive Branch on government.”

The Hill reported Raskin introduced similar legislation in 2017 and that last week he said he was updating his bill.

…Rep. Jamie Raskin (D-Md.) introduced legislation in 2017 that would create a commission, known as the Oversight Commission on Presidential Capacity, to determine whether a president is fit for office as outlined by the Constitution’s 25h Amendment.

Under Raskin’s proposal, congressional leadership would select 10 members of the commission that would consist of physicians, psychiatrists and retired public officials such as former presidents, vice presidents or Cabinet secretaries.

Raskin told The Hill last week, following Trump’s COVID-19 diagnosis, that he’s planning to update his bill, which he first unveiled while Republicans controlled the House and therefore did not get any legislative action…

The 25th Amendment:

Presidential Disability and Succession
Passed by Congress July 6, 1965. Ratified February 10, 1967. The 25th Amendment changed a portion of Article II, Section 1

Section 1
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2
Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3
Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.