+ All House Dems (Plus One Repub) Pass Resolution Urging VP Pence To Use 25th Amendment To Declare President Trump Unable To Carry Out His Duties And Remove Him; With Pence's Refusal, House Vote On Impeachment Resolution Will Follow This Morning (Jan. 13) <p><small>How many Repubs will join supporting Impeachment resolution? LBREPORT.com will livestreams House actions
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All House Dems (Plus One Repub) Pass Resolution Urging VP Pence To Use 25th Amendment To Declare President Trump Unable To Carry Out His Duties And Remove Him; Pence'a Refusal Means House Vote On Impeachment Will Follow This Morning (Jan. 13)

Newly elected Congresswoman Michelle Steel (R, Huntington Beach), who recently tested positive for COVID-19, among 5 House Repubs recorded as "Not Voting." Could have cast "yes" or "no" vote by proxy, bat didn't. How many Repubs will support Impeachment resolution? LBREPORT.com will livestreams House actions



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(January 13, 2021, 3:40 a.m.) -- As streamed LIVE on LBREPORT.com's front page and Facebook page with on-demaand video available below, on Jan. 12 the House of Representatives voted 223-205 -- with one Republican (Cong. Adam Kinzinger, R, IL) joining all Democrats in voting "yes" (five Republicans recorded as "not voting,' official tally )here -- to adopt H Res 21 urging VP Mike Pence to invoke the 25th Amendment declaring President Trump incapable of exercising the duties of his office and remove him as President.

Newly elected Congresswoman Michelle Steel (R, Huntington Beach) was among 5 Republican House members recorded as "Not Voting." Cong. Steel's offfice announced on Jan. 6 that she has tested positive for COVID-19 and indicated at that time that she would quarantine on the advice of her doctor and to protect her House colleagues. However, since the COVID-19 psndemic, the House has allowed "proxy" voting, where a House member can publicly announce they're castging a vote for an absent member (nd this was used multiple times during this House item.) Congressswoman Steel didn't use proxy voting to cast a "yes" or "no" vote.

(The other House Reubs recorded as "not voting" were Reps. Dan Cresham (TX), Kay Granger (TX), Greg Murphy (NC) and Daniel Webster (FL))

H. Res 21's text as introduced can be viewed here.

Hours earlier, VP Pence (who defied President Trump in refusing to stop the counting of states' Electoral College votes) indicated he wouldn't invoke the 25th Amendment against President Trump. During House debate, both sides invoked the Ccnstitution to support their positions,

House Democrats said applying the 25th Amendment was appropriate, charging President Trump had instigated and incited a Jan. 6 mob that overran the Capitol and occupied House offices and legislative areas and seditiously attempted to disrupt the counting of Electoral College votes. Congressman Tom McClintock (R, Sac'to suburbs/Central Sierra) and other Repubs argued the 25th Amendment was enacted to address medical disabilities not to remove a president for political reasons.

House Democrats timed the Jan. 12 debate on the 25th Amendment for prime time in the east and midwest. On Wednesday morning at 6 a.m. (Dec. 13), the House will take up an Article of Impeachment against President Trump that states in pertinent part:

"President Trump gravely endangered the security of the United States and its institutions of Government. He threatened the integrity of th democratic system, interfered with the peaceful transition of power, and imperiled a coequal branch of Government. He thereby betrayed his trust as President, to the manifest injury of the people of the United States. Wherefore, Donald John Trump, by such conduct, has demonstrated that he will remain a threat to national security, democracy, and the Constitution if allowed to remain in office, and has acted in a manner grossly incompatible with self-governance and the rule of law. Donald John Trump thus warrants impeachment and trial, removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States."<./blockquote>

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If approved by a House majority in the Dem majority House it would make Trump the only president impeached twice. Some Repubblicans (in addition to Cong. Kinzinger) have signaled they may support the Impeachment resolution.
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The Senate (which must now conduct a trial) is currently adjourned and not scheduled to return until Jan 19. Republicans currently have a Senate majolrity but that will flip to a 50-50 split (with VP Harris able to break ties) when Georgia's recent Senate votes (electing two Dems) are certified.

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The 25th Amendment that the House wanted VP Pence to invoke (to avoid impeachment by immediate removal) was passed by Congress July 6, 1965, ratified February 10, 1967. It states in pertinent part:

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.


Jan. 13, 2021, 10:15 a.m. Text added noting Congresswoman Steel cold have cast a "yes" or "no" vote by proxy and declined to do so.

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