In an historic vote, the US House of Representatives passed House Resolution 21, a non-binding resolution, calling on Vice President Mike Pence to invoke the 25th Amendment by calling a meeting of Cabinet Department leaders to decide if Donald Trump is capable of managing the duties of the Office of the President of the United States.
By a 223-205 margin–with all 219 Democrats and one Republican voting in favor of the resolution–HR 21 marks the first time in US history that the House pushed a Vice President to consider removing a President under Section 4 of the 25th Amendment. All 205 “nay” votes were Republicans. There were seven members who did not cast votes.
Pence has already sent a letter to Democratic Speaker of the House Nancy Pelosi stating he would not take actions to invoke the 25th Amendment.
The text of the resolution notes that Trump has repeatedly subverted his oath of office to uphold and defend the Constitution through his consistent undermining of the democratic election process, which voted him out of office effective January 20th.
It also identifies as a reason for Trump’s removal his encouragement and support of insurrectionists who stormed the Capital after hearing him speak at a rally on January 6th.
“Whereas on Wednesday, January 6, 2021, the day fixed by the Constitution for the counting of electoral votes, Congress experienced a massive violent invasion of the United States Capitol and its complex by a dangerous insurrectionary mob which smashed windows and used violent physical force and weapons to overpower and outmaneuver the United States Capitol Police and facilitated the illegal entry into the Capitol of hundreds, if not thousands, of unauthorized persons (all of whom entered the Capitol complex without going through metal detectors and other security screening devices)[. …],” the resolution reads.
The resolution goes on to document the chants of “Hang Mike Pence” and other threatening actions undertaken by the insurrectionists, as well as the death of five people, including one Capitol Police officer.
“Donald Trump has demonstrated repeatedly, continuously, and spectacularly his absolute inability to discharge the most basic and fundamental powers and duties of his office, including most recently the duty to respect the legitimate results of the Presidential election, the duty to respect the peaceful transfer of democratic power under the Constitution, the duty to participate in legally defined transition activities, the duty to protect and uphold the Constitution of the United States, including the counting of Electoral College votes by Congress, the duty to protect the people of the United States and their elected representatives against domestic insurrection, mob rule, and seditious violence, and generally the duty to take care that the laws be faithfully executed,” the resolution reads.