House Republicans are moving to invoke the 25th Amendment against President Joe Biden following a bombshell report from special counsel Robert Hur that suggests he suffers from a poor memory that prevents him from recalling some of the most significant details of his life.
Fox News confirmed that Rep. Claudia Tenney (R-NY) will call on Congress to “explore” the use of the 25th Amendment, which allows the president’s cabinet to vote to remove him from office if the vice president and a majority of his cabinet feel he is unable to discharge the duties of his office.
Tenney sent a letter to U.S. Attorney General Merrick Garland on Thursday night sharing “grave concerns” she has about the president’s mental state after special counsel Robert Hur concluded he is a “well-meaning, elderly old man with a poor memory” who should not be held criminally liable for the mishandling of classified documents.
“After concluding that President Biden knowingly and willfully removed, mishandled, and disclosed classified documents repeatedly over a period of decades, Mr. Hur nevertheless recommended that charges not be brought against him,” Tenney wrote. “Special Counsel’s reasoning was alarming.”
Tenney added that she “need not tell you that selective prosecution is morally, ethically, and legally prohibited.”
“We don’t prosecute or decline to prosecute people based on their personalities, or on the public’s anticipated perception of them,” Tenney wrote. “If Special Counsel finds that the evidence forms a reasonable basis to bring charges, he must do so.”
In her opinion, the Justice Department “cannot ethically bring charges against former President Trump because he has mental acuity and a forceful personality, and decline to bring charges against President Biden because of his cognitive decline.”
Biden “needs to be charged, unless he is not mentally competent to stand trial.”
“Candidly, Special Counsel’s report makes a reasonable case that he is not,” Tenney said. “Being unable to remember what position he held, and when, is exceptionally concerning. Being unable to remember when one’s child died – even within a time frame of several years – is perhaps more a more damning reflection of his mental impairment.”
Based upon the conclusions reached by Hur, Biden “most seemingly lacks the ability to execute his presidential responsibilities.”
“So it is incumbent upon you to explore proceedings to remove the President pursuant to the 25th Amendment to the United States Constitution,” Tenney wrote. “President Biden needs to be charged, or he needs to be removed.”
“There is no middle ground,” she added.
Following the release of the report, President Biden held a hastily-arranged press conference where he ripped the special counsel for asking him about the death of his son Beau and pushed back on the notion that he his memory is too weak for him to continue holding office.
“I’m well-meaning, and I’m an elderly man and I know what the hell I’m doing,” Biden said. “I’ve been president. I put this country back on its feet. I don’t need his recommendation.”
My memory is fine,” he added.
In a testy exchange, Fox reporter Peter Doocy provoked the president to issue a sarcastic response when asked just how bad his memory is.
“My memory is so bad that I let you speak,” Biden shot back at Doocy, one of his chief rivals in the White House press corps.
Read Rep. Tenney’s full letter at The Western Journal.