If Democrats want to replace Joe Biden as their presidential nominee for November's election, it won't be through the 25th Amendment, Victoria Toensing, a former deputy assistant attorney general, told Newsmax on Monday.
The 25th Amendment, ratified in 1967 in the wake of John F. Kennedy's assassination, deals with presidential disability and succession. It states the vice president, in this case Kamala Harris, would replace the president if they die in office or resign, or if members of the president's cabinet declare the president unable to fulfill the duties of their office.
It has been raised often since Biden's disastrous debate performance against former President Donald Trump on June 27, which amplified fears of his long-suspected cognitive decline. Biden, 81, the oldest-serving president in U.S. history, displayed halting speech, confused rambling, a loss of concentration, a stiff gait, and a lack of facial animation during the debate.
Biden has refused to withdraw from the race, even though Republicans have capitalized politically on his debate performance. Toensing told "American Agenda" if Biden does step aside, it won't be because of the 25th Amendment.
"It's not going to be. It's just not going to be," Toensing said. "But I commend the Republicans for using it as a political ploy. I think it's very good. They don't usually do that. But Harris is going to have to get the majority of the Cabinet to say that Biden is not competent. You think Harris is going to do that? She doesn't want to undo herself. And the majority of the Cabinet, are you kidding? Democrats don't do that.
"Then they have to tell the Congress that Biden is incompetent. Then Biden gets to come back and say, oh, yes, I'm really competent, and then the Cabinet has to vote again with the majority saying he's not competent. And then, and here's the kicker, it goes to both Houses [of Congress] for a two-thirds vote. Do you think that's going to happen? No."
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Michael Katz ✉
Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.
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