Mccabe's Actions: 25Th Amendment Or Lawbreaking?

did mccabe break the law 25th amendment

The 25th Amendment to the U.S. Constitution outlines the procedures for addressing presidential succession and disability. It was introduced after the assassination of President John F. Kennedy in 1963, highlighting the need for structured procedures when a president is unable to perform their duties. The amendment has been invoked several times, including by Presidents Ronald Reagan and George W. Bush during medical procedures. In 2019, former FBI Deputy Director Andrew McCabe revealed discussions among top officials about potentially invoking the 25th Amendment to remove President Trump from office, sparking debates about its legality and ethical implications.

Characteristics Values
Who Andrew McCabe, former deputy director of the FBI
What Discussed invoking the 25th Amendment to remove President Trump from office
When May 2017
Where Meetings at the Justice Department
Why Concerns about President Trump's capacity and intent
Outcome No action taken; McCabe's comments were criticised and walked back

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McCabe confirms Rosenstein brought up the 25th Amendment

Former FBI Deputy Director Andrew McCabe confirmed that Deputy Attorney General Rod Rosenstein brought up the possibility of invoking the 25th Amendment to remove President Trump from office. In an interview with "60 Minutes", McCabe revealed that Rosenstein was "counting votes or possible votes" to determine whether the Amendment could be invoked. The 25th Amendment's fourth section allows the Vice President and cabinet members to remove the President if they find that he is "unable to discharge the powers and duties of his office."

McCabe's spokesperson, Melissa Schwartz, clarified that McCabe's statements were taken "out of context and misrepresented." She emphasised that McCabe did not participate in any extended discussions about the use of the 25th Amendment and was only present for a discussion that included a comment by Rosenstein.

The revelation sparked controversy, with South Carolina Senator Lindsey Graham promising to hold a hearing to determine if Rosenstein was attempting an "administrative coup." McCabe's comments also aligned with reports of whispers in the Cabinet about invoking the Amendment and Rosenstein's offer to wear a wire during meetings with Trump. However, Vice President Mike Pence dismissed the suggestions, stating that he had never heard any discussion of the 25th Amendment within the government.

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Rosenstein was counting votes

In February 2019, former FBI Deputy Director Andrew McCabe claimed that Deputy Attorney General Rod Rosenstein had brought up the possibility of invoking the 25th Amendment to remove President Trump from office. McCabe confirmed that Rosenstein was "counting votes or possible votes" to determine whether the Amendment could be invoked.

The 25th Amendment's fourth section allows the Vice President and cabinet members to remove a President if they find that the President is "unable to discharge the powers and duties of his office." McCabe clarified that Rosenstein raised the issue in the context of thinking about how many other cabinet officials might support such an effort. Rosenstein himself expressed concern about Trump's capacity and intent at that point in time.

However, McCabe's spokesperson, Melissa Schwartz, appeared to walk back on these comments, stating that McCabe's statements had been taken "out of context and misrepresented." She clarified that McCabe did not participate in any extended discussions about the use of the 25th Amendment and was only present during a discussion where Rosenstein made a comment regarding the Amendment.

Following McCabe's comments, South Carolina Senator Lindsey Graham promised to hold a hearing to determine if Rosenstein was attempting an "administrative coup" to remove the President. Vice President Mike Pence dismissed suggestions of invoking the 25th Amendment as "absurd," stating that he had never heard of any such discussions within the government.

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McCabe's spokesperson walked back comments

In an interview with 60 Minutes, former FBI Deputy Director Andrew McCabe confirmed that Deputy Attorney General Rod Rosenstein had discussed the possibility of invoking the 25th Amendment to remove President Trump from office. McCabe's spokesperson, Melissa Schwartz, later appeared to walk back some of his comments. She stated that McCabe's statements had been taken "out of context and misrepresented".

Schwartz clarified that McCabe had not participated in any "extended discussions" about the use of the 25th Amendment and was only present for a discussion in which Rosenstein made a comment regarding the amendment. She emphasised that McCabe was not aware of any further deliberations on the matter.

In the interview, McCabe revealed that Rosenstein had considered "counting votes or possible votes" to determine if the amendment could be invoked. This involved speculating which cabinet officials might support such an effort. However, Schwartz's statement suggested that McCabe's role in these discussions was more limited than initially implied.

The revelation of these discussions sparked controversy, with some critics accusing McCabe and other officials of plotting a "bureaucratic coup". Senator Lindsey Graham promised to hold a hearing to investigate the matter, questioning whether Rosenstein was attempting to conduct an "administrative coup".

It's important to note that the 25th Amendment outlines procedures for addressing presidential incapacitation and succession. Discussing its potential invocation is not inherently unlawful or unconstitutional. However, the implications of considering such action against a sitting president are significant, and the revelations caused a political uproar.

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McCabe's remarks mark the first time influential government officials have openly discussed invoking the 25th Amendment

In an interview with CBS's 60 Minutes, Andrew McCabe, the former deputy director of the FBI, confirmed that there were discussions about removing President Donald Trump from office. McCabe's remarks mark the first time influential government officials have openly discussed invoking the 25th Amendment without the president's consent.

The 25th Amendment of the US Constitution plays a crucial role in the continuity and stability of the executive branch. It provides procedures for addressing presidential incapacitation and ensures a process for determining who maintains the duties of the presidency. Section 4 of the amendment, which has never been invoked, allows the vice president and a majority of cabinet secretaries to declare the president unable to discharge their powers and duties, effectively removing them from office.

McCabe revealed that Deputy Attorney General Rod Rosenstein initiated discussions about invoking the 25th Amendment and offered to wear a wire to secretly record his conversations with President Trump. Rosenstein and the Justice Department denied these claims. The revelation sparked intense reactions, with critics accusing McCabe of participating in a "bureaucratic coup."

The discussion surrounding the 25th Amendment and its potential invocation occurred in the context of concerns about President Trump's capacity and intent following his sudden firing of FBI Director James Comey in May 2017. McCabe also admitted to opening an obstruction of justice probe into Trump and taking steps to ensure its continuity.

While the 25th Amendment provides a constitutional mechanism for addressing presidential incapacity, the revelation of government officials discussing its invocation without the president's consent raised questions about its appropriateness and legality. The high bar set by Congress for invoking the amendment underscores the seriousness of such considerations.

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McCabe's character and credibility were attacked by the White House

In February 2019, Andrew McCabe, the former acting FBI director, revealed that there had been discussions among top government officials about removing Donald Trump from office using the 25th Amendment. McCabe confirmed that Deputy Attorney General Rod Rosenstein had initiated these conversations and was "counting votes or possible votes" to gauge support for invoking the amendment.

In response to these revelations, the White House launched a vehement attack on McCabe's character and credibility. President Trump himself took to Twitter to brand McCabe "a disgrace to the FBI and a disgrace to our Country." Trump's tweet continued with his campaign slogan, "MAKE AMERICA GREAT AGAIN!", implying that McCabe's actions were unpatriotic and detrimental to the nation.

White House Press Secretary Sarah Sanders echoed Trump's sentiments, stating, "Andrew McCabe has no credibility and is an embarrassment to the men and women of the FBI and our great country." The White House's strategy appeared to be discrediting McCabe to undermine the impact of his revelations.

One reason cited for questioning McCabe's credibility was his unorthodox focus on Twitter. Ironically, Trump himself frequently utilizes Twitter as a platform for communicating with the public and expressing his personal views.

The attempts to discredit McCabe extended beyond the White House, with critics labeling the discussions about invoking the 25th Amendment as a "bureaucratic coup." Senator Lindsey Graham, for instance, promised to "get to the bottom" of McCabe's comments, insinuating that the conversations constituted an attempted bureaucratic coup.

Despite the attacks on his character, McCabe stood by his statements, providing a detailed account of the conversations in his book, "The Threat: How the FBI Protects America in the Age of Terror and Trump." McCabe's revelations sparked intense debate about the ethics and legality of discussing the potential use of the 25th Amendment to remove a sitting president.

Frequently asked questions

No, McCabe did not break the law by discussing the invocation of the 25th Amendment. The 25th Amendment is part of the US Constitution, so discussing its invocation is not a coup or unconstitutional.

The 25th Amendment explains the procedure to be followed when the President of the United States is unable to perform their duties.

The 25th Amendment gives the power to remove the President of the United States from office to the Vice President and the majority of the cabinet members.

Yes, the 25th Amendment has been invoked thrice in the past, twice when George W. Bush was under anaesthesia for colonoscopies, and once when Ronald Reagan had cancerous polyps removed.

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