Pelosi to Introduce Legislation on 25th Amendment over Trump’s Health

House Speaker Nancy Pelosi and Rep. Jamie Raskin. (Image via J. Scott Applewhite/AJC)

Given the current state of COVID-19 running rampant in the Trump administration, House Speaker Nancy Pelosi plans to introduce legislation Friday that would create a “Commission on Presidential Capacity,” which deals with the presidential transfer of power in accordance to the 25th Amendment.

What We Know:

  • A new release from Pelosi’s office stated that the legislation would create the commission “to help ensure effective and uninterrupted leadership in the highest office in the Executive Branch of government”. Pelosi held a news conference at the Capitol Friday morning over the new measure with Rep. Jamie Raskin, who is a constitutional law expert that has also introduced a similar bill previously.
  • During Friday’s meeting, it was revealed that the commission would consist of 17 people, eight appointed by Republicans and eight appointed by Democrats, and a chair selected by the whole. The commission would be allowed to monitor the president’s health as well as request an exam of the president. If the president would decline, the commission will pass judgment based on the information they already have.
  • When questioned on Thursday whether she had considered or if it was time to invoke 25th Amendment due to Trump’s illness, Pelosi refused to talk on the matter. “If you want to talk about that, we’ll see you tomorrow,” said Pelosi. She later brought up why the White House has yet to reveal the President’s most recent COVID-19 test results.
  • The 25th Amendment provides for procedures for transferring power to other figures such as the vice president in case of the president’s “death, incapacitation, removal or resignation”. The amendment was ratified and approved in the wake of the assassination of President John F. Kennedy. As it stands, the current line of succession places House Speaker Nancy Pelosi as acting president if the president and vice president are incapable of fulfilling their duties.
  • A recent interview with the speaker suggested that President Trump may not have clear judgment at the moment because of the drugs he’s taken as a treatment. “The president is, shall we say, in an altered state right now,” Pelosi said on Bloomberg TV.
  • This was brought up again during Friday’s conference and she stuck with her claim of “I don’t know”. She addressed the president’s behavior by saying “there are those who say when you are on steroids or have Covid-19, there may be some impairment of judgment.”
  • Trump responded Thursday afternoon, tweeting that Pelosi “is the one who should be under observation”. On Friday afternoon, he tweeted “Crazy Nancy Pelosi is looking at the 25th Amendment in order to replace Joe Biden with Kamala Harris. The Dems want that to happen fast because Sleepy Joe is out of it!!!” This implied a move to aid Biden who Trump continues to allege is a failing campaign.

The destiny of this bill remains on the shoulders of Pelosi. Normally a piece of legislation like this could easily pass in a Democrat-controlled House, but given the current Republican-controlled Senate, it seems very unlikely for it to pass unless the president’s state of health declines drastically.