Taking the 25th

2020 October 9
tags:
by drdog09

First two backgrounders:

C-SPAN

Bongino

And the question is? How to win an election without winning an election. The Democrats are prepping the battlefield for something they may intend to do if the conditions are right. The objective? To eliminate Donald Trump. I speculate they could care less that possibly Pence would ascend to POTUS. (bad presumption on their part by the way.) Or that their actions pre/post election give it to Biden. But lets consider the vehicle that Pelosi seems to have chosen:

25th Amendment –

Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4. 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.

Sections 1 & 2 codify in law what has been customary since the founding. Section 3 is at the discretion of the POTUS. The Progs seem to make a great deal over it, but there is no ‘there’ there. The Speaker is hanging her deception on Section 4. In the video above she is already assembling a commission to plumb the option.

Road blocks? Plenty. First of all Section 3 gets her nowhere. If anything Section 3 could be a useful tool for Trump. Example: Trump executes Section 3. Pence ascends to POTUS. Trump then road trips the entire nation, every city, town and hamlet scouring for votes. On November 1st he reasserts his position. Two days later the election is won. A gutsy move for sure, but nothing in the language would preclude it.

Section 4? There are essentially two tracks:

  • The principal members of the Executive branch. Aka, the sitting cabinet officers of the Administration. Currently there are 15 in all. A majority vote is required, 9 members are required to sign off. Essentially, 8 cabinet members AND the VPOTUS are required to sign off. Unless POTUS is clearly off his rocker doubtful that will happen.

  • Congress acts in determining incapacitation. First off, to get this far the first bullet must have been executed. Then when the POTUS sends declaration of capacity those same cabinet officials and VP must stand to their original declaration yet again. Only then does Congress get involved. But Nancy is not in the clear yet. Both Houses must agree to the incapacitation by 2/3rds vote. Doubtful she will get the 2/3rds in the House and for certain it will not be reached in the Senate even if it was to flip.

And after all that? All they would end up with is Pence at POTUS should the GOP hold Executive power. Pence maybe of genteel demeanor but he is a political shark with a smile. The recent VP debate should remove any doubt on that score.

So the purpose of the commission Pelosi speaks of? Pure theater. Fact it is probably the last gasp in a power struggle that has been going on between Pelosi and Trump. Its to the level of personal with a capital P. It does give the Speaker the appearance of ‘doing something’ to bolster the Prog troops, but it is an effort going no where.

A mild suggestion is to watch the Speaker if Trump wins. In the event that occurs there is probably a good chance of a challenge and discharge of Pelosi as Speaker. Her moves yielded nothing and the Democratic body will be looking for new leadership.

40 Responses leave one →
  1. 2020 October 9 6:32 am
    [1]
    drdog09 permalink

    Were I to compare Trump vs Pelosi and was to apply the 25th to both of them, Pelosi is the odds on loser.

  2. 2020 October 9 7:10 am
    [2]
    justrand permalink

    From the article:
    ==> “We are on the precipice as a nation right now. We’re faced with a choice between people who value life and liberty and people who want to take your guns, keep you from going to church, and criminalize speech.”

    Only a few short years ago I would have considered such talk beyond hyperbole…and not a little bit hysterical. But the last few years, especially the last few MONTHS, have changed my mind. Although the author only mentions three freedoms, many others are at stake as well…but I’ll use those three:

    – the Right to bear arms…although they won’t say it openly this close to the election, Harris/Biden intend to fuse the California and Virginia models into a national mandate. Outlawing every gun they can, and making it either illegal or wildly cost-prohibitive to buy ammunition for everything else.

    – freedom OF religion…even I never thought I would see the day when Governors and Mayors would openly declare religious gatherings ILLEGAL…and threaten to outright close churches & synagogues. And the media’s reaction? A collective yawn.

    – freedom of speech…college campuses and corporations have been imposing “speech restrictions” for quite some time. But the push to OUTLAW words, movies, songs and other forms of expression has now moved into a new phase. The “Woke” mobs are now demanding that people not only NOT express contrary opinions, they are surrounding people and demanding they parrot Leftist phrases…OR ELSE. This is occurring daily across the country. Those who do not immediately acquiesce to the mob face condemnation…or worse.

    What those three direct assaults on American FREEDOMS have in common is that the Supreme Court as constituted would never codify those assaults. They might not stop them, but they wouldn’t allow them to be written into law, in direct opposition to the Constitution. And THAT is why Harris/Biden seek to “pack the court” with four more judges…judges picked because they WILL overthrow the Constitution in order to forward the causes of the Left.

    Some of those who choose to vote for Harris/Biden will later claim “Gee, I didn’t know what would happen.” Bull$hit.

    https://pjmedia.com/columns/stephen-kruiser/2020/10/09/the-morning-briefing-vote-trump-or-have-your-freedom-die-n1023827

  3. 2020 October 9 7:26 am
    [3]

    Boris throws in towel with left …no return to normal…ever.

    “After all we have been through, it isn’t enough just to go back to normal. We have lost too much. History teaches us that things of this magnitude – wars, famines, plagues, events that affect the vast bulk of humanity, as this virus has – they do not just come and go. They can be the trigger for economic and social change.”

    full op-ed
    https://www.rt.com/op-ed/502795-boris-johnson-uk-great-reset/

  4. 2020 October 9 7:32 am
    [4]
    JimNorCal permalink

    I read somewhere that Nanzi’s 25th Am ploy is pure theatre.
    The House goes out of session this week and doesn’t return till ’21.

  5. 2020 October 9 7:38 am
    [5]
    JimNorCal permalink

    Back thread, someone (KH?) mentioned about how the FBI got the goods on that obscure, ranting but no action Whitmer assassination squad. But the FBI seems powerless to restrain or infiltrate Antifa and BLM rioters.

    Someone commented on a blog (maybe here? that would be embarrassing!) that the FBI is doing a decent job of protecting elected officials and bureaucrats (Swamp) but is failing to handle threats to homeowners, business owners and the like (Americans). When you put it that way, it all makes sense.

  6. 2020 October 9 7:38 am
    [6]
    drdog09 permalink

    Jim,

    It is pure theater. However reading the 25th, the requirement is that Congress must meet within 48hrs regardless of whether they are in session or not. Congress then has 21 days to make a decision or the ascension of POTUS back to their position is automatic.

  7. 2020 October 9 7:41 am
    [7]
    JimNorCal permalink

    Ted Cruz apparently is preparing us for a massive rout in Nov. Eph and I don’t see it, but hey. Maybe a fund raising ploy, maybe just mistaken but maybe he has inside info.

    “Ted Cruz thinks the Dem lockdowns are working… to elect Dems.”
    https://www.cnbc.com/2020/10/09/election-2020-ted-cruz-warns-of-bloodbath-for-gop.html

  8. 2020 October 9 7:48 am
    [8]
    drdog09 permalink

    “Someone commented on a blog (maybe here? that would be embarrassing!) that the FBI is doing a decent job of protecting elected officials and bureaucrats (Swamp) but is failing to handle threats to homeowners, business owners and the like (Americans). When you put it that way, it all makes sense.”

    I take a different bent on it. It shows the powerlessness of the State in relation to the general population. Most of the Swamp has entourages around them that are capable of assessing threats and operate in a public arena. Another words their operations are a known known to quote a previous SecDef. Beyond that it takes time and effort to mount any sort of mass protective order short of calling in the NatGuard. A cell with exceptional black ops maintenance will only be penetrated by a mole or a stupid mistake.

    Its a parallax situation. One way it looks like that is all the Swamp cares about. Viewed another way with the same facts it indicates that is the only level the Swamp can operate.

  9. 2020 October 9 7:56 am
    [9]
    drdog09 permalink

    7,

    I don’t see it either.

    “Joe Biden still has a small edge in Florida, but the contest has tightened since our last poll in July, from six points down to two now, amid an ebbing — if still sizable — concern about coronavirus, while President Trump has picked up a few more of the state’s remaining uncertain voters, rebuilt some of his lead among White voters and leads Joe Biden on handling the economy. (And of course, this is Florida, where races are usually close.) ”

    And that is CBS. Florida should be leading very heavily Biden. Disney is laying off, Tourism is down across the state, ancillary tourist services hotel, eateries are down as well. Yet the are in a virtual dead heat. Cruz might be indulging in a bit too much tito’s handmade vodka.

  10. 2020 October 9 7:57 am
    [10]
    Eph permalink

  11. 2020 October 9 7:58 am
    [11]
    Eph permalink

    9 DR,

    Thats from CBS???

    Too funny

  12. 2020 October 9 8:08 am
    [12]
    drdog09 permalink

    Eph,

    Yep. Here’s the link — https://www.cbsnews.com/news/trump-biden-opinion-poll-florida-texas-09-20-2020/ Not the latest but close enough.

  13. 2020 October 9 8:25 am
    [14]
    drdog09 permalink

    POTUS to be on Tucker tonite at 8pmET.

  14. 2020 October 9 8:31 am
    [15]
    justrand permalink

    Naiveté (na·ive·té)
    ==> “The state or quality of being inexperienced or unsophisticated, especially in being artless, credulous, or uncritical.”

    Let’s see…how to use that word in a sentence?? How about:

    The naiveté of those who believe only certain words, actions and activities THEY don’t like will be banned, is breathtaking!

    Oh, and when words, actions and activities those naïve people DO like start being banned, and THEY are hunted and hounded, their naiveté in thinking people like me will give a DAMN about them then, is also breathtaking! See: Robespierre

  15. 2020 October 9 8:47 am
    [16]
    Eph permalink

    15 DR

    Rush and TC in one day

    Wise move

  16. 2020 October 9 9:37 am
    [17]
    Eph permalink

  17. 2020 October 9 10:00 am
    [18]
    drdog09 permalink

    Eph,

    Those numbers are bad enough. This is a state the Dims have generally dominated. Not this cycle apparently.

  18. 2020 October 9 11:22 am
    [19]
    The Ghost of Reason permalink

    I think Durham NOT releasing his report before the election is a good signal…. if they have the goods on these asshats and know Trump is going to re-elected and have more support in the house chambers…. why signal to your enemy what you’re going to do so they can react even more insanely than they are currently….. just my thought at the moment.

  19. 2020 October 9 12:39 pm
    [20]
    JimNorCal permalink

    15, yup. Let’s hope enough of those people realize that this is the last chance they’re likely to get.

  20. 2020 October 9 1:10 pm
    [21]
    JimNorCal permalink

    This made my day.
    https://donsurber.blogspot.com/2020/10/highlights-of-news_9.html

    ITEM 3: Finish swallowing, and put down your cup of coffee.

    The Oregonian reported, “Nike layoffs get underway after weeks of uncertainty.”

    Hahaha. Even with slave labor making their overpriced garments and shoes in Red China, the geniuses at Nike are struggling.

    Then again, the company was as overstaffed as any federal agency.

    The article said, “The first layoffs implemented over the summer hit more than 100 vice presidents. This week’s downsizing involves so called S-band employees, generally the most senior and highest paid workers after the top executives and vice presidents.”

    100 vice presidents? That’s a lot of unemployable relatives to put on the payroll.

    Now for the words everyone wanted to read in the story, “Nike has indicated that it will scale back demand creation spending, which means less advertising and fewer athlete endorsements.”

    Hahaha.

  21. 2020 October 9 1:15 pm
    [22]
    JimNorCal permalink

    Well, less significant but just as funny, from the same Surber link as above:
    ITEM 13: Earlier this week, Surfer magazine announced it endorsed Biden and Harris for president, the first political endorsement in its 60-year history.

    On Thursday, it announced it is history as it has ceased publication.

    Hahaha!

    Wipeout.

    Remember, Trumpenfreude is part of your complete breakfast.

  22. 2020 October 9 2:34 pm
    [23]
    drdog09 permalink

    “100 vice presidents? That’s a lot of unemployable relatives to put on the payroll.”

    Sounds like a megabank.

  23. 2020 October 9 2:51 pm
    [24]
    drdog09 permalink

    https://gbdeclaration.org/

    Coming from both the left and right, and around the world, we have devoted our careers to protecting people. Current lockdown policies are producing devastating effects on short and long-term public health. The results (to name a few) include lower childhood vaccination rates, worsening cardiovascular disease outcomes, fewer cancer screenings and deteriorating mental health – leading to greater excess mortality in years to come, with the working class and younger members of society carrying the heaviest burden. Keeping students out of school is a grave injustice.

    Keeping these measures in place until a vaccine is available will cause irreparable damage, with the underprivileged disproportionately harmed.

    Fortunately, our understanding of the virus is growing. We know that vulnerability to death from COVID-19 is more than a thousand-fold higher in the old and infirm than the young. Indeed, for children, COVID-19 is less dangerous than many other harms, including influenza.

    A rational approach that will be ignored because it favors the Pols operating a divided State.

  24. 2020 October 9 4:36 pm
    [25]
    JimNorCal permalink

    If y0u are a conspiracy theorist, it is pretty breathtaking.
    Comment 13 above: bio weapon released, perhaps accidentally
    CDC purposely drops the ball and fumbles around?
    Dem politicians try to wreck the economy
    Travel/gathering restrictions hurt Trump’s ability to hold rallies.
    Media of course starts a fire and fans flames: PDJT personally responsible for 200,000 deaths
    Due to Covid, “opportunities” for election cheating arise when vote-by-mail is instituted.

    Weirdness indeed: Dems pick horrible candidates. They skip over youth, female, gay in order to choose old, stupid AND demented. For VP, someone who dropped BEFORE the Iowa primary, her popularity was that bad

    All that demonic effort, just to prevent the right from solidifying power.

    Props to China. I can’t believe Dems have the brainpower to pull it off. I look at them as the junior partner

  25. 2020 October 9 4:40 pm
    [26]
    drdog09 permalink

    “Props to China. I can’t believe Dems have the brainpower to pull it off. I look at them as the junior partner”

    Tru Dat. But roll forward 20 years. You have to know that AOC will run for POTUS. If she lasts that long, she will be in the white house. At that point it is all over. And keep in mind, she have 30m twitter followers.

  26. 2020 October 9 4:52 pm
    [27]
    drdog09 permalink

    Ha! — https://lidblog.com/franklin-county-incorrect-ballots/ — Democratic county of course. But it shows the ineptitude of the Dims. What is that football saying — “I did not so much as win as my opponent desired to lose.”

  27. 2020 October 9 7:26 pm
    [28]

    17 – I see that having little meaning, it matters not who or how many vote, but who does the counting, early ballots from registered R’s easily locked away in store room somewhere to be found by someone in 2022 and quietly destroyed, in 2016 they thought it wouldn’t even be close no need to take extra risks like that.

    19 – I don’t it’s just the final admission nothing is coming from any of it, which was already obvious, but putting it there again depresses R’s imho, and more importantly could trigger the POTUS to make\force some sort of error in reacting to it. In short it’s just rubbing already known shit in everyone’s face.

  28. 2020 October 9 7:38 pm
    [29]

    Ohio’s Largest County Mails Voters 50,000 Incorrect Ballots
    https://lidblog.com/franklin-county-incorrect-ballots/

    “The Chairman of the Presidential Debate Commission is Co-Founder of “Color Revolution” Communist Front Group Linked to Steele Dossier and More..”
    https://www.revolver.news/2020/10/rigged-presidential-debate-commission-frank-fahrenkopf-color-revolution/

  29. 2020 October 9 7:39 pm
    [30]
    drdog09 permalink

  30. 2020 October 9 7:41 pm
    [31]
    drdog09 permalink

  31. 2020 October 9 7:56 pm
    [33]
    Eph permalink

    30 DR,

    The King is not amused

    Especially when RINOs predict a Trump win

  32. 2020 October 10 2:27 am
    [34]
    drdog09 permalink

  33. 2020 October 10 4:53 am
    [35]
    drdog09 permalink

  34. 2020 October 10 4:59 am
    [36]

    35~~~~If hollywood put out anything but crap maybe people would go.

  35. 2020 October 10 5:31 am
    [37]
    JimNorCal permalink

  36. 2020 October 10 2:41 pm
    [38]
    drdog09 permalink

    36,

    Amen to that.

  37. 2020 October 10 3:14 pm
    [39]
    drdog09 permalink

    This bodes Ill — https://www.zerohedge.com/markets/negative-returns-are-now-us-mortgages — Negative yield on a mortgage investment? Unheard of. So presuming that the beta on a MBS is equal to that of a 2yr treasury note that long term spells disaster for real estate.

  38. 2020 October 10 4:56 pm
    [40]

    Not a time for REIT’s.

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