Misleading: Pelosi, the 25th Amendment, Biden, and Harris
The Claim
Nancy Pelosi's bill regarding the 25th Amendment is so she can replace Joe Biden with Kamala Harris if the two take office following the next presidential election.
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Emerging story
In October 2020, President Trump tweeted that new legislation introduced by House Speaker Nancy Pelosi regarding the 25th Amendment is being introduced so that she can replace Democratic Presidential nominee Joe Biden with his vice presidential nominee Kamala Harris.
This claim was repeated across Twitter by former House Speaker Newt Gingrich and Fox News Host Sean Hannity, and then was shared by general Twitter users as well.
Misbar’s Analysis
The Misbar team has determined that this claim is misleading. The new bill was introduced on October 9, 2020 to establish an independent commission known as the ‘‘Commission on Presidential Capacity to Discharge the Powers and Duties of the Office." The Commission would operate in accordance with the 25th Amendment to evaluate a president’s health and oversee the transfer of power to the vice president if the president becomes incapacitated while in office.
The 25th Amendment, ratified in 1967 and adopted following the Kennedy assassination, addresses what happens when the president of the United States is removed, dies, is incapacitated or is otherwise unable to fulfill the powers and duties of the office.
The amendment allows the vice president to serve as “acting president” if the president is incapacitated (for example, during surgery) or for the transfer of power if the vice president and a majority of the Cabinet find the president unable to function in his office. According to Pelosi, it also “empowers Congress to set up an independent body to confront such a crisis.”
Should the legislation pass, it won’t apply to Trump’s first term; however, could be applied to his second if re-elected. It would also apply to Democratic nominee Joe Biden and Vice Presidential nominee Kamala Harris.
“This legislation applies to future presidents,” Pelosi said. “But we are reminded of the necessity of action by the health of the current president.”
The bill will create a bipartisan panel that comprises 17 “top former elected officials and medical experts” with the authority to request a medical exam of the president, which could lead to potentially removing the sitting President from office should their be need to do so. The commission would be permanent and apply to both parties for future administrations.
If it passes, the bill will give Congress the permission to replace a sitting President if they are “unable to discharge the powers and duties of his office.” However, there is no evidence that it is being introduced in an effort to oust Joe Biden should he win the next presidential election.
The comments from President Trump regarding the amendment are misleading.
