Good morning. Feel like talking about the 25th Amendment today? Join me @ 10:15AM ET on this thread & I'll break down the legislation introducing this Constitutionally-backed commission weighing a president's capacity and fitness for the nation's highest office.
@CourthouseNews https://twitter.com/BBuchman_CNS/status/1314295954917466116

Getting close to that time for @SpeakerPelosi and @RepRaskin's press conference.
I'll live-tweet but if you want to watch along, find a stream here: https://www.c-span.org/video/?476814-1/speaker-pelosi-unveils-legislation-create-presidential-capacity-commission

Pulling one of the last arrows in a quiver carried by Democrats increasingly disarmed of late by Trump’s behavior since his Covid-19 diagnosis, legislation is announced triggering the 1st steps of reviewing POTUS fitness as provided by the 25th Amendment. https://www.courthousenews.com/house-unveils-first-of-its-kind-plan-to-deal-with-an-incapacitated-president/

The full legislation is available here: https://www.documentcloud.org/documents/7224293-Commission-on-Presidential-Capacity-Act-FINALpdf.html but if you want to understand the ins and outs, check out the story earlier in this thread.

Pelosi takes pains this morning to remind people this legislation isn't about Trump, though his behavior of late has certainly caused some consternation. This is about the United States having fully in place the legal means to deal with unfit leaders

In times of chaos we must hold fast to our Constitution, @RepRaskin says.
It guarantees the peaceful transfer of power in our country, he adds.
This isn't complicated in theory: the Founders wanted to resolve basic questions about stability and continuity.

There are four sections of the 25th Amendment.
What we're talking about here today is the fourth section.
This was made procedurally difficult to ensure this is used in only the most extreme situations where you have a POTUS who cannot fulfill the functions of the office.

These are provisions for any president. What if he's in a coma? Who has powers of the presidency? This situation is what demands action under Section 4 of the 25th Amendment.

Raskin: I wish Congress set up this permanent body years ago. It did not do it. But we do need to do this. Certainly in the next congress. The framers knew you could not always count on the cabinet to act. Congress has a role to play; it must be totally bicameral & bipartisan.

According to the bill, the commission would be nonpartisan & made up of 17 members. 4 members would be physicians and 4 psychiatrists that would be selected by Pelosi, House Minority Leader Kevin McCarthy, and Senate Majority Leader Mitch McConnell and Sen. Minority Ldr Schumer.

It would also feature 8 former high-ranking officers of the EB to include either a former POTUS, secr of state, attorney general, secr of the Treasury or Defense or the U.S. surgeon general. One of each would selected by Republican and Democrat leadership in the House and Senate.

The chair of the commission is selected by the appointed members, and, to avoid a conflict of interest, the legislation is clear that none of the members can be “current elected officials, federal employees, or members of the active or reserve military.”

Sidebar - If the president refuses medical examination, that would be taken into account for the formation of the commission.
Pelosi emphasizes: "This is not about behavior. This is about a diagnosis, a professional medical diagnosis."

Ok back to the procedural parts: so, once a concurrent resolution is introduced in Congress to activate the commission, both Senate & House Judiciary chambers have just 2 days to act or see the bill sent to the floor for debate and a vote. Then...

Once passed on one side, the bill is transferred to the other and the same process unfolds.
If adopted by the full Congress, the commission has just 72 hours to examine the president and then 72 hours more to submit its findings in a final report.

“If a majority of the commission and vice president finds that the president is unable to discharge the powers and duties of the office, it may submit such information to Congress and the Vice President shall immediately step in as Acting President,” the legislation states.

If incapacity is determined, the president still retains the right to declare “no disability exists.” This would trigger a new four-day deadline for a second letter to be issued to Congress by the commission that the president is unable to discharge his duties.

Sidebar as I'm breaking this down, a comment from Pelosi on why she hasn’t waited: There’s been a call, 'why not execute the 25th amendment?' That’s not what we’re doing. We’re saying we should let Congress assert the power that it is.

. @RepRaskin: The body had never been set up and there’s never really a good time to do it because its always seen just in its local circumstance as opposed to the need to have this institutionally. The situation has focused everybody’s mind on the need for following through...

Raskin continues: "...on this suggestion in the 25th Amendment that Congress set up its own body. I think again, in the age of Covid-19, where a lot of government actors have been afflicted by it, we need to act."

Pelosi again, emphasizes this is not about Trump specifically.
The circumstances that have arisen that have made this preexisting option relevant to the national conversation.

She also says in response to questions from reporters, no, she doesn't know how Trump's medication truly is or is not impacting him. "We just don't know."
(Says a lot about the dire lack of transparency from the WH here)

This is about creating constitutional foundations to deal with chaos, @RepRaskin says.
Whether its this year, five years from now, or a decade.

This is a bipartisan process already in the Constitution. This isn't a discussion about whether the 25thmust be invoked right now. Pelosi has emphasized she wants voters to decide who is in the White House. But again, this is about having a plan for emergencies in place

OK so let's back it up to here and continue: https://twitter.com/BBuchman_CNS/status/1314574644851208193?s=20

A 21-day timeclock goes into effect and at its end both chambers must vote on what the president’s fate will be. A two-thirds majority must be reached to successfully invoke this never-before-used fourth section of the 25th Amendment.

Now, for anyone confused or saying "Oh it doesn't matter, this won't be used now, can't do anything with a GOP controlled Senate " - you're missing the point entirely! Why? I asked Rep. Raskin to explain to me last night:

Admittedly, this is one of my biggest peeves about covering Congress. People think things happen in a vacuum. They do not. Big picture thinking is often required in terms of legislation. So as you discuss this with people today, keep that in mind.

I don't think the Speaker/Rep. Raskin could have been more clear on why this legislation is needed. It's not a personal attack on Trump. It's not saying Trump shouldn't finish out his term.
It's insurance. Its insurance in the event of a constitutional emergency under any prez

I know this is not how it will be spun by, well, probably the president. But if you see a lot of confusion/misinfo/disinfo on this, for the sake of the democracy, I ask that you nip that in the bud with good info.

We've spent four years where Trump is the center of attention. But remember, the U.S. government was not built for one man or woman. The Congress was not built for one man or one woman. The universe does not revolve around this POTUS or any POTUS. We're more than one executive.