If I were to compile my list of the greatest American heroes of 2020, that list would include Stacey Abrams, Tony Fauci, and Rachael Maddow. I say that because Rachael has stood alone as the person who most consistently has brought the most important insights to the American public night after night. She is nothing short of brilliant, and tireless.
This is why I was so surprised to see her miss such an important point in her show last evening. She spent about 20 minutes talking about the options available to remove Trump from office. She identified plan A as “get Trump to resign”. Plan B was “get Pence to invoke the 25th Amendment.” And Plan C was “Impeach the MFer again”
This segment had great potential but ultimately turned into nothing but gibberish and Beltway-speak. Trump isn’t going to voluntarily resign. Maybe if there were enough pressure, Pence would call the 25th, but the Trump rats are more interested in jumping off that ship than doing their duty, so that goes nowhere. And Plan C is just ridiculous. There is zero possibility of impeachment removing Trump ahead of Jan 20. It is a complete waste of time and energy, except for the remotest of possibilities that the Republicans would go along in order to rule Trump out of any future office. That ain’t happening. Not a chance.
OK, some shows are better than others. Rachael has done so much great work, I am not mad at her for wasting my time on this occasion. BUT … she missed the most important point out of all of this. Fortunately Nancy Pelosi did not miss that point, but she will need some help pushing it.
The key point in all of this plan A, B, C is these 11 words: “or of such other body as Congress may by law provide” let me quote the entire relevant section of the 25th Amendment:
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President. Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
Last week, Pelosi gave several interviews where she alluded to multiple parallel tracks she was pursuing in the House. One of these was to establish by law a commission that would be charged with assessing the President’s fitness for duty. She was not specific about its composition, but mentioned it might include all living ex-Presidents, for example. She thought this panel could be established quickly and act to remove Trump before January 20. That isn’t going to happen. However, it is a very important idea that deserves immediate action.
This is not the end of Trump, and it isn’t the end of others who will want to execute the Trump playbook, and probably be a lot smarter about it. We now know that we cannot trust the patriotism or statesmanship of any cabinet that surrounds any would-be dictator. The authors of the 25th Amendment were too optimistic about the good faith of those in high office.
But, to their credit, they did leave us this very important alternative. We need to establish that commission NOW, as a standing commission that will be empowered to invoke the 25th Amendment the next time this situation presents itself, and it will. Forget impeachment, That’s a waste of time and attention. The one productive thing we can do legislatively at this moment is to get this commission established. That will make clear to Trump or any other would-be dictator that we will have the power to stop them before they get nearly as far as Trump did.
Who should be on this panel? I suggest it be comprised of all former Presidents and Vice-Presidents not currently in office (excluding anyone removed through impeachment) and all living retired Justices of the Supreme Court, plus a rotating panel of 9 eminent Americans, each serving a single 9-year term (staggered), nominated by the current President and confirmed by majority votes of the House and Senate, with a requirement that each body must hold a floor vote within 45 days of each nomination. Any of the commissioners must recuse themselves if judging the President who appointed them. These commissioners should include a mixture of:
- Presidential historians
- Medical professionals
- Psychiatrists
- National intelligence experts
A majority vote by this panel would have the same effect as if the VP and cabinet secretaries had voted similarly. There would need to be bylaws to define leadership, meeting schedule, and the process for invoking emergency action, but that is all very routine stuff to set up.
Why do this now? Simple. Because by the time we need it, it is far too late. In addition, the very existence of this commission would serve as a deterrent against a would-be dictator.
Such a commission gives us some protection in the horrifying event that Trump or one of his spawn were able to win the White House sometime in the future. And, we might have the right political climate to get something like this passed if we act quickly.
It might also be noteworthy that the Amendment (with or without this proposed commission) does not remove the President from office and does not promote the Vice president to President. The President remains in office, but no longer has any of the powers and duties of the office. It is, obviously, an emergency measure, with the intention that it would be followed by the death of the President, the President’s voluntary resignation, or an impeachment to remove the President.