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

A Cornell University law professor has argued that President Biden’s “diminished cognitive capacity” poses a “national security threat” and called on President Biden’s Cabinet to invoke the 25th Amendment to the Constitution to remove him from office following his poor performance in Thursday night’s debate.

“For an hour and a half, this debate demonstrated to the world that Biden’s cognitive abilities are severely impaired,” Professor William Jacobson wrote on Legalinsurrection.com on Friday.

“The media cannot claim that the live video feed from CNN was a manipulated ‘cheap fake.’ This is a smear campaign waged against those of us who have been pointing out the obvious for over a year, particularly in recent days when Biden has been visibly frozen and absent-minded in public.”

He said Democrats are focusing on whether a “mentally fragile Biden” can beat former President Trump in the election, but “any honest person who watched last night’s debate doesn’t believe Biden is mentally capable of handling the duties of president.”

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A Cornell University law professor called on Biden’s Cabinet to invoke the 25th Amendment to the Constitution to remove the president from office following his poor performance in Thursday night’s debate. (Eva Marie Uzcategui/Bloomberg via Getty Images)

He called for invoking the 25th Amendment to the Constitution to remove Biden from office.

“If I were China, I would shelve our war plans to invade Taiwan,” Jacobson said. “If I was Iran, I would move forward with developing a nuclear weapon. If I was Putin, I would double down on attacks on Ukraine and perhaps other former Soviet satellites. Can you imagine an emergency situation where military decisions that only a president can make would have to be made in seconds or minutes, and then have to be made by Joe with a weakened military?”

He added that Biden’s “diminished cognitive ability poses a national security threat of the greatest magnitude.”

House Speaker Mike Johnson made similar remarks on Friday.

“A lot of people are asking questions right now about the 25th Amendment and about invoking the 25th Amendment because this is an alarming situation,” Johnson said. “Our opponents, like all of us, see weakness in the White House, and I’m not happy to say that. I think this is a very dangerous situation.”

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Biden and Trump at the debate

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

Under Section 4 of the 25th Amendment to the Constitution, the Vice President can assume the presidency if the President is declared unfit to serve by the Vice President and the President’s Cabinet or a majority of Congress.

The 25th Amendment was briefly proposed near the end of Trump’s term in response to the Jan. 6 attack on the Capitol, but Jacobson called it “an act of bad faith.”

Speaker of the House Mike Johnson

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

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

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Biden’s performance at Thursday night’s debate has worried Democrats, with some even calling for him to drop out of the race.

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