Cornell Law professor calls to invoke 25th Amendment after Biden’s debate performance

A Cornell University law professor has called on President Biden’s Cabinet to invoke the Constitution’s 25th Amendment to have him removed from office after his weak debate performance Thursday night, claiming his “cognitive decline” is a “national security threat.” 

“This debate displayed Biden’s severely declined cognitive ability for all the world to see for an hour and a half,” Professor William Jacobson wrote Friday for Legalinsurrection.com. 

“The media cannot claim the live video feed from CNN was a manipulated ‘cheap fake’ — the smear campaign used against those of us who have been pointing out the obvious for over a year, but particularly recently with Biden visibly freezing and zoning out in public appearances.”

He said while Democrats are focused on whether a “mentally diminished Biden” can beat former President Trump in the election, “no honest person who watched last night’s debate can think that Biden mentally is up to the job of being President.” 

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A Cornell University law professor has called on President Biden’s Cabinet to invoke the 25th Amendment to have him removed from office after his weak debate performance Thursday night. (Eva Marie Uzcategui/Bloomberg via Getty Images)

He called for the 25th Amendment to be invoked to have Biden removed from office.

“If I’m China, I’m taking off the shelf the war plans to invade Taiwan,”Jacobson said. “If I’m Iran, I’m breaking out towards a nuclear weapon. If I’m Putin, I’m doubling down on Ukraine and possibly other former Soviet satellites. Can you imagine an emergency situation where immediate military decisions that only a president can make need to be made in seconds or minutes, and the military having to go to diminished Joe for a decision?”

He added Biden’s “cognitive decline is a national security threat of the highest order.”

House Speaker Mike Johnson said something similar Friday. 

“There’s a lot of people asking about the 25th Amendment, invoking the 25th Amendment right now, because this is an alarming situation,” Johnson said. “Our adversaries see the weakness in this White House as we all do. I take no pleasure in saying that. I think this is a very dangerous situation.”

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President Biden and former President Trump held their first of two presidential debates Thursday evening.  (Kyle Mazza/Anadolu via Getty Images)

Under Section 4 of the 25th Amendment, the vice president could assume the presidency if the president is declared unfit for office by the vice president and a majority of the president’s Cabinet or Congress. 

The 25th Amendment was briefly floated near the end of Trump’s presidency following the Jan. 6 Capitol riots, which Jacobson called “in bad faith.”

House Speaker Mike Johnson also discussed the 25th Amendment Friday after Biden’s debate performance.  (Tom Williams/CQ-Roll Call, Inc via Getty Images)

“Only Democrats can act, and they should before it’s too late,” he added. 

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Biden’s debate performance Thursday evening has worried Democrats, and some have even called for him to drop out of the race.