GOP Rep. Tenney urges Garland either to charge Biden or oust him under 25th Amendment

New York Republican Rep. Claudia Tenney on Thursday urged  Attorney General Merrick Garland to explore using the 25th Amendment to remove President Joe Biden from office in the wake of a report from special counsel Robert Hur calling attention to Biden's lapses in memory during his interview.

The 25th Amendment to the Constitution provides for the scenario in which the cabinet may determine the president unable to serve and remove him from office.

"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," she wrote. "Special Counsel's reasoning was alarming. He recited numerous instances in which President Biden exhibited dramatically compromised mental faculties and conclude that a jury would be likely to perceive President Biden as a sympathetic and forgetful old man."

"I need not tell you that selective prosecution is morally, ethically, and legally prohibited. 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," she went on. "The Department of Justice 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. President Biden needs to be charged. Unless he is not mentally competent to stand trial."

"Candidly, the Special Counsel's report makes a reasonable case that he is not. 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 frightening. He may not be competent to stand trial," she insisted. "And he most assuredly lacks the ability to execute his presidential responsibilities. Accordingly, it is incumbent upon you to begin proceedings to remove the President pursuant to the 25th Amendment of the United States Constitution. President Biden needs to be charged, or he needs to be removed. There is no middle ground."

Hur's report included notes on his interview with Biden in which he stated that Biden "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?')"

"He did not remember, even within several years, when his son Beau died," he said. Hur concluded that Biden would present himself as a "as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory."

Ben Whedon is an editor and reporter for Just the News. Follow him on X, formerly Twitter.