GOP lawmaker calls on Cabinet to ‘explore’ removing Biden under 25th Amendment

Rep. Claudia Tenney (R-N.Y.) called on members of the Biden administration to “explore” removing President Biden under the 25th Amendment after a special counsel cleared him of wrongdoing but painted him as an elderly man with a failing memory.

In a letter obtained by The Hill, Tenney wrote to Attorney General Merrick Garland on Thursday night to share her “grave concerns.”

“After concluding that President Biden knowingly and willfully removed, mishandled, and disclosed classified documents repeatedly over a period of decades, Mr. Hur nevertheless recommended that charges not be brought against him,” her letter said. “Special Counsel’s reasoning was alarming.”

Special counsel Robert Hur released his findings Thursday in the case into Biden’s handling of classified materials. Hur’s 388-page report investigated how documents from Biden’s time as vice president ended up at his Wilmington, Del., home and an old office space. Hur determined he “willfully” retained the documents but didn’t bring forth any charges, describing Biden as an “elderly man with a poor memory.”

Tenney argued that the Department of Justice “cannot ethically” bring charges against former President Trump and decline to bring them against Biden.

She argued that Biden, who is 81, is lacking the ability to execute his responsibilities as president and argued that Hur’s report shows Biden is not competent to stand trial.

“It is incumbent upon you to explore proceedings to remove the President pursuant to the 25th Amendment to the United States Constitution,” she wrote. “President Biden needs to be charged, or he needs to be removed. There is no middle ground.”

The 25th Amendment, ratified after President John F. Kennedy was assassinated, is a procedure for replacing the president in the event of death, removal, resignation or incapacitation.

Tenney reposted reports of her letter, which was first obtained by Fox Digital, on X, the platform formerly known as Twitter. She responded to Hur’s report as “absolutely corrupt and disgusting.”

Biden angrily defended himself Thursday night in the wake of the special counsel’s report, saying during a press conference: “I put this country back on its feet.”

Updated Feb. 9 at 8:14 a.m. ET