House to Try to Force Pence’s Hand on 25th Amendment, Impeachment Looms

January 11, 2021 by Dan McCue

WASHINGTON – House Democrats will try to force Vice President Mike Pence’s hand Monday to invoke the 25th Amendment and remove President Donald Trump from office, giving him a deadline of 24 hours to do so.

If Pence doesn’t act by Tuesday, the House will immediately proceed to bring impeachment legislation to the floor, House Speaker Nancy Pelosi said in a letter delivered to members of the House Democratic Caucus Sunday night.

“I write to inform you of our next actions, which will be made with the great solemnity that this moment requires,” Pelosi said.

Monday will begin in the House with Majority Leader Steny Hoyer, D-Md., requesting Unanimous Consent to bring up a resolution drafted by Rep. Jamie Raskin, D-Md.

The resolution calls on Vice President Pence to convene and mobilize the Cabinet to activate the 25th Amendment to declare President Donald Trump incapable of executing the duties of his office.

If Pence does so, he will immediately assume power as acting president until President-elect Joe Biden’s inauguration on Jan. 20.

The text of the resolution can be found here.

 Pelosi said if the House does not receive Unanimous Consent on the measure on Monday, it will be brought up on the floor Tuesday, effectively pushing the House deadlines back a day.

If that is the case, Pence will be given until Wednesday to respond. In that case, a vote on impeachment may not come until Thursday.

“In protecting our Constitution and our democracy, we will act with urgency, because this president represents an imminent threat to both,” the speaker said. “As the days go by, the horror of the ongoing assault on our democracy perpetrated by this president is intensified and so is the immediate need for action.”

Pelosi said she also intends to hold another Caucus call on Monday, a follow-up to the hours-long conference call the Caucus had on Friday.

 “I am grateful to all members for the suggestions, observations and input that you have been sending.  Your views on the 25th Amendment, 14th Amendment Section 3 and impeachment are valued as we continue,” the speaker said.

The 14th Amendment, Section 3 is the provision that bars an individual from ever again holding public office if they’ve engaged in an insurrection against the United States.

It reads: “No Person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”

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