West Virginia AG urges Harris to invoke 25th Amendment to remove Biden

West Virginia Attorney General Patrick Morrisey (R) called on Vice President Harris to invoke the 25th Amendment against President Biden on Tuesday, claiming that the president is not physically able to perform the duties of the job.

Morrisey argued Biden’s mental health is a serious concern after a 388-page special counsel report was released last week describing the president as a “well-meaning, elderly man with a poor memory.” Biden has aggressively fought back against that characterization.

“President Biden’s cognitive decline is of great concern to Americans, especially during these times that our nation is facing crisis after crisis both here and abroad,” Morrisey wrote. “We need a president who is mentally fit.”

The Republican attorney general said the report “paints a clear picture of a President who is not up for the job.”

The report followed a yearlong probe into classified documents from Biden’s time as vice president that were found at his old office and his private home in Delaware.

The 25th Amendment was passed by Congress in 1965 in order to clarify presidential succession following the assassination of former President Kennedy. It also included a section allowing the vice president and the Cabinet to remove a president from office if they are deemed physically incapable. 

The power has never been used, but was floated by anti-Trump critics following the Jan. 6, 2021, attack on the Capitol, including by former Rep. Kevin McCarthy (R-Calif.), who dismissed the solution as not quick enough.

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A number of other Republicans have also brought up using the 25th Amendment against Biden in recent weeks, including Rep. Claudia Tenney (R-N.Y.). Trump himself floated the idea last September.

The calls underline a focus on Biden’s age among both lawmakers and the general public. Criticism has mounted against Biden in recent weeks following a series of memory gaffes.

Biden and his campaign have brushed off the concerns, while a majority of Americans in most polls believe the president is too old to run for reelection.