Sen. Rick Scott: Time for Biden's Cabinet to 'Invoke 25th Amendment'

Republican Sen. Rick Scott (FL) called on President Joe Biden’s cabinet to invoke the 25th Amendment on Thursday, following revelations from Special Counsel Robert Hur’s report about Biden’s deteriorating mental state.

“This report labels Biden as a ‘well meaning, elderly man with a poor memory.’ That does not describe someone who should be the Commander in Chief of our armed forces and the defender of American freedoms,” Scott said in a post to X.

“It’s time for his cabinet to invoke the 25th Amendment,” he added.

Hur decided not to prosecute Biden for mishandling classified documents, citing the president’s “significantly limited” memory as playing a role in his decision. Damning details in Hur’s report include Biden not remembering “even within several years, when his son Beau died” as well as struggling to remember his time as vice president.

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Invoking the 25th Amendment would remove Biden as president and replace him with Vice President Kamala Harris. The 25th Amendment was notably proposed by Congress and ratified by the states after the assassination of President John F. Kennedy to provide a procedure for replacing a president or vice president in the event of incapacitation, resignation, removal, or death.

The 25th Amendment was used for the first time in 1973, when President Richard Nixon nominated Gerald R. Ford (a congressman at the time) to fill the vacancy left by Vice President Spiro Agnew’s resignation. Less than a year later, the 25th amendment was used again when Nixon resigned and Ford took his place as president. Ford then nominated Nelson Rockefeller to fill the role of vice president.