“I wish that his family or his administration or his staff would have an intervention for the good of the country.”
This is the clearest 25th Amendment talk from public officials we know about since McCabe and Rosenstein in reaction to the Comey firing. And this is a public statement, from the Speaker of the House.
If she is, as she seems to be, in favor of going slow on impeachment and doing lengthy investigations in committee before committing to trying to get articles of impeachment voted on, I think that’s a mistake, unless she intends the go-slow approach as a way to insure that the House doesn’t go with impeachment. The longer such investigations and the formulation of articles of impeachment goes on, the more likely that too many Ds get cold feet over the whole idea of impeachment.
Go-slow would, in contrast, be the way to go if the intent is to pursue the 25th. The House has at least two sorts of duties if it believes that the president is unable to discharge the powers and duties of his office.
One is to challenge the validity of his pretended acts. The idea would be that if Trump is unable to understand a given decision that his handlers pretend he made, then the decision was not really the president’s. The president gets to exercise the powers of his office, but no one else does. I don’t see the House pursuing this sort of duty, which would, for example, involve refusing to recognize a veto that Trump had made on the grounds that he didn’t understand that act, outside of a clear emergency, such as his vetoing a raise in the debt ceiling, for example. Refusing to register a veto, under any other circumstance, would pretty clearly be way too rich for the blood of this House.
The more pedestrian duty the House has if it believes the president is unable to discharge the powers and duties is created by the 25th. Should the VP and cabinet fail to suspend a disabled president, it falls to Congress to appoint that “other body” mentioned in the 25th, to look into his inability. Of course the R Senate is no more going to approve the law actually setting up the other body than it would convict on impeachment, and even if it did, Trump would veto that bill. But the investigation into Trump’s disability that, of course, the House should conduct before it votes on this bill seems to me much more likely than impeachment hearings to damage him and his party with the electorate. And unlike the investigation of potential high crimes and misdemeanors, there’s no need to rush this through before Ds get cold feet.
It should not be difficult for Ds to vote for this bill, because this other body would have no power to suspend the president unless the VP agrees with a finding it makes of inability to discharge the powers and duties. It would be presented as a purely advisory body providing the benefit of subject-matter expertise to a VP trying to discern if dementia or some other disabling condition was responsible for the president’s dysfunctional behavior. Let the Senate vote the bill down, as that disposition of the proffered expert advice would mean that the R Senate majority thinks that there is not any slightest possible question raised by anything he has said or done of Trump’s mental fitness for the most difficult job on the planet. The investigation in the House will, I’m sure, turn up voluminous evidence of the extent and stability of his genius.
It should go without saying, that, of course, Pelosi’s statement may not be the opening move in any strategy. It is more likely just her off-the-cuff reaction to Trump’s latest bit of demented behavior. But, opening move in a strategy or not, Ds might stumble into this strategy as Trump’s behavior becomes ever more dysfunctional, and impeachment stalls over cold feet in the caucus.