Rep. Tenney Sends Letter to AG Garland Asking for 25th Amendment on Biden

Rep. Claudia Tenney, R-N.Y., is interviewed by CQ-Roll Call, Inc via Getty Images in her L
Tom Williams/CQ-Roll Call, Inc via Getty Images

Rep. Claudia Tenney (R-NY) is expressing concern following the release of Special Counsel Robert Hur’s damning  report, which highlighted President Biden’s declining mental state, writing a letter to Attorney General Merrick Garland imploring officials to “explore proceedings to remove the President pursuant to the 25th Amendment to the United States Constitution.”

“After concluding that President Biden knowingly and willfully removed, mishandled, and disclosed classified documents repeatedly over a period of decades, Mr. Hur nevertheless recommended that charges not be brought against him,” Tenney wrote in the letter, first obtained by Fox News.

“Special Counsel’s reasoning was alarming,” she said, as the report concluded that Biden would have likely presented himself at trial “as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory.” That appears to be the reason he is escaping prosecution.

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The report went even deeper, revealing that Biden could not remember when he was Vice President, nor when his son Beau died.

“In his interview with our office, Mr. Biden’s memory was worse. He did not remember when he was vice president, forgetting on the first day of the interview when his term ended (‘if it was 2013 – when did I stop being Vice President?’), and forgetting on the second day of the interview when his term began (‘in 2009, am I still Vice President?’),” the report revealed, adding that Biden “did not remember, even within several years, when his son Beau died.”

Tenney pointed to the realities presented in the report in her letter to Garland.

“He recited numerous instances in which President Biden exhibited dramatically compromised mental faculties and concluded that a jury would be likely to perceive President Biden as a sympathetic and forgetful old man,” she wrote, adding that “being unable to remember what position he held, and when, is exceptionally concerning.”

“Being unable to remember when one’s child died – even within a time frame of several years – is perhaps more a more damning reflection of his mental impairment,” she wrote.

“We don’t prosecute or decline to prosecute people based on their personalities, or on the public’s anticipated perception of them. If Special Counsel finds that the evidence forms a reasonable basis to bring charges, he must do so,” Tenney continued, pointing out the lack of fairness in the reasoning not to prosecute Biden for his handling of classified materials.

One “cannot ethically bring charges against former President Trump because he has mental acuity and a forceful personality, and decline to bring charges against President Biden because of his cognitive decline,” the congresswoman wrote, contending that Biden should be charged unless he is truly considered “mentally incompetent to stand trial” — a conclusion, she said, the Special Counsel made clear.

“So it is incumbent upon you to explore proceedings to remove the President pursuant to the 25th Amendment to the United States Constitution,” Tenney wrote, offering two options. “President Biden needs to be charged, or he needs to be removed.”

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She is not the only lawmaker calling for invoking the 25th Amendment, as Rep. Ronny Jackson (R-TX), a former White House doctor serving three past presidents, said it is time to explore that option following Thursday’s revelations and Biden’s attempted rebuttal.

“The 25th Amendment would be a way that we could do this, you know, even if he didn’t want to,” Jackson told Breitbart News Daily, adding, “If a majority of his cabinet and his vice president come to the … Senate Pro Tempore and the Speaker of the House, and they tell them that this man is not cognitively fit, then he will get voted out with a two-thirds vote in the House and the Senate.”

“So if they go down that path, it’s a done deal,” he added.

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