Rep. Darrell Issa on Friday suggested that the House should consider taking up a constitutional amendment to make it easier to remove a president who is unable to perform the job in response to the alleged cover-up of former President Joe Biden’s declining mental state.
Issa, R-Calif., who is a member of the House Judiciary Committee, said that actions taken by Biden administration officials to keep Americans in the dark about his health show that the provisions in the 25th Amendment may be insufficient. That amendment allows the Vice President and the Cabinet to remove a president from his role if he is “unable to discharge the powers and duties of his office.”
“The initiation was always intended to be the vice president and the cabinet based on the assumption that they would take their oath and their observation seriously and that they were closest to the president to know if that event was needed,” Issa told Fox News. “It now looks as though their impartiality can be questioned.”
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Issa added: “If that’s the case, the other two branches need to be brought in in some way into the process of asserting that the president may be unable to perform his duties and determining that in a fair and, if necessary, public way.”
The other two branches in this case would likely be Congress and the Supreme Court.
Issa’s comments come as the House Oversight Committee is set to interview three Biden administration officials next week about the former president’s decline. Former Domestic Policy Council Director Neera Tanden will meet with the committee Tuesday. Former Assistant to the President and Senior Advisor to the First Lady Anthony Bernthal will meet with the committee Thursday. Former White House Physician Dr. Kevin O’Connor will testify under subpoena on Friday.
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The committee also has interviews scheduled with former administration officials Annie Tomasini and Ashley Williams. And it’s seeking interviews with several officials in the Biden inner circle, including former Chief of Staff Ron Klain and former Senior Advisor to the President for Communications Anita Dunn.
Also among the questions investigators will have is whether any Biden officials used the autopen to authorize executive actions without the president’s permission.
The results of that investigation, according to Issa, could help inform exactly how to write this potential constitutional amendment.
“What Chairman Comer is doing is extremely important because he’s basically doing the fact-finding for the Judiciary Committee, which is going to undoubtedly take up a possible amendment to the 25th Amendment,” Issa said.
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There is a very high threshold to amend the Constitution – a two-thirds vote in each chamber and ratification by three-quarters of states. So, if an amendment does materialize from the Judiciary Committee, it would face a tough road to make it through Congress, even with unified Republican control. But Issa says it’s worth making an effort to improve the system.
“Since it didn’t work, we have to ask, is there another way to make it work better in the future?” he asked.
