Retiring Colorado Congressman Ken Buck Demands Cabinet Invoke 25th Amendment on Biden

AP Photo/Carolyn Kaster

Rep. Ken Buck (R-CO) has introduced a resolution calling on the Cabinet to remove President Joe Biden from office by invoking the 25th Amendment. 

The resolution is predicated on the findings of the a report by special counsel Robert Hur, who determined that Biden had likely committed a crime in his handling of classified information but that he was too mentally and physically frail for a prosecution to be in the public interest. 

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In a statement provided to The Hill, Buck said that Biden's mental competency was no longer adequate to hold down the Oval Office:

The Hur report officially addressed what many Americans have long witnessed with their own eyes — that President Biden is no longer fit to successfully discharge the critical duties of his office. Numerous instances were articulated in the report, and have played out in full public view, showing President Biden’s apparent cognitive decline and lack of mental stamina.

The societal challenges and security threats our country faces are innumerable and require a chief executive with both strong mental and physical faculties. The time has come for the vice president and the Cabinet to put our country first and move forward on invoking the 25th Amendment.

Yet, as explained by The Brookings Institute, the 25th Amendment is a complicated process that allows the vice president, Cabinet, and Congress to remove a president if he is found incapable of holding the office:

If the president of the United States is no longer able to execute the duties of the office, the vice president, Cabinet, and Congress have the ability to remove his powers under Section IV of the 25th Amendment. The process, which is intended to preserve the integrity of the office of the president and the continuity of government, is more difficult than impeachment and is reserved only for truly unique and dire circumstances.

The 25th Amendment offers an alternative route to impeachment for institutions of government to deal with a “problem presidency,” whether that problem is misconduct or whether the president, for sickness or another reason, is no longer able to execute the duties of the office.

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Buck, who is known as a fierce critic of Donald Trump, has made himself an unpopular figure among conservatives after opposing efforts to impeach Joe Biden and dismissing evidence linking him to corruption. 

"I want to make sure we don’t ruin this institution over a tit-for-tat impeachment," Buck said in an interview with CNN's Jake Tapper last year. "If the evidence is there, Jake, I will absolutely vote for impeachment. I don’t see the evidence at this point.”

He was also one of three GOP representatives to vote against impeaching Homeland Security Secretary Alejandro Mayorkas for refusing to execute his oath of office. 

Last November, Buck confirmed that he would retire from Congress at the end of this year after becoming disillusioned with the state of the Republican Party. 

"The inability of Congress to deal with major issues is a huge part of why I'm leaving," he said at the time. "The Republican Party's obsession with re-litigating the last election and not focusing on the next election was part of it."

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