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The Dictatorship

Jamie Raskin’s push for 25th Amendment to end Trump presidency is a mistake

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ByAndy Craig

Rep. Jamie Raskin, D-Md., together with 50 Democratic co-sponsors, has reintroduced his bill to create a “Commission on Presidential Capacity” under Section 4 of the 25th Amendment. It is being framed as a response to the crisis of a president who threatened to annihilate an entire civilization, who shares renderings of himself as Jesus Christ while feuding with the pope and who posts snuff videos on social media — to name the highlights from just the past couple of weeks.

In other words, the most powerful man in the world appears to be manifestly insane. It’s not great. But this proposal is misguided on the details, and more importantly, a distraction from what Congress can and should do: impeach Donald Trump and remove him from office.

This is not a new idea from Raskin. He first proposed essentially the same bill in 2017, and again in 2020 during Trump’s bout with Covid. I wrote about it at the time for the Cato Institute, and my objections have not changed. If anything, the current situation makes the flaws in this approach more glaring.

The most powerful man in the world appears to be manifestly insane. It’s not great.

Section 4 of the 25th Amendment allows for the involuntary transfer of presidential power to the vice president. It was designed for genuine incapacity: a president who is comatose, or has been shot, or has gone missing in a plane crash. It was drafted in the shadow of the Kennedy assassination and ratified at the height of the Cold War, when the overriding concern was nuclear command and control. The nightmare scenario was having nobody authorized to act if the president was suddenly unable. The text grants this power to the vice president together with “a majority of either the principal officers of the executive departments[iethe Cabinet]or of such other body as Congress may by law provide.”

Raskin’s bill would create that “other body” to displace the Cabinet. This new entity would be a 17-member commission of physicians, psychiatrists and retired government officials chosen by congressional leaders of both parties. The commissioners would, if directed by Congress, conduct a medical examination (or try to; the president can’t be forced to cooperate) and then report back. The agreement of the vice president would still be needed to initiate a transfer of power.

Set aside the immediate unlikeliness of this passing a Republican-controlled Congress, overriding a presidential veto and then getting JD Vance to use it. Messaging bills can still serve a purpose. The deeper problem is conceptual. What is happening with Trump is not a medical question. Or rather, it is not merely a medical question, and framing it as one lets both him and Congress off the hook.

Trump may be deranged, but he is not incapacitated in the way the framers of the 25th Amendment envisioned. He is likely committing high crimes and misdemeanors, but he is not literally “unable” to issue orders and wield his powers, however ludicrously and improperly. The fact that he is also experiencing evident mental and physical decline while he goes on a constitutional crime spree does not change the required remedy. If he were sharp as a tack, perfectly healthy and several decades younger, he would still need to be removed.

The bill’s inclusion of psychiatrists is particularly troubling. Diagnosing a political leader with a mental health condition, and then using that diagnosis as the basis for removing him from office, is extremely problematic.

The medical ethics are dubious, to put it mildly. This is a political decision of the highest order, a matter for our nation’s constitutional officers. It is not a diagnostic exercise for deciding how best to treat a patient. Consultation with medical experts might inform the decision-making, but doctors do not belong in the driver’s seat.

There are practical problems as well. The 25th Amendment was designed for speed, when a new commander-in-chief is needed within minutes, not days.

Trump may be deranged, but he is not incapacitated in the way the framers of the 25th Amendment envisioned.

Cabinet members are already serving, in the loop, reachable at a moment’s notice. A commission including retired officials scattered across the country, most of whom are elderly themselves, is not an improvement. And for the purpose envisioned here — removing a president whose behavior is dangerous but who remains ambulatory and vocally resistant — it is worse than useless. Even if the commission declared Trump incapable, he could simply send a letter to Congress saying he disagrees. You would then need two-thirds of both chambers to side against him under the 25th Amendment, a higher hurdle than impeachment.

The authors of the 25th Amendment deliberately wanted to avoid creating a tempting workaround to impeachment. So they made it more difficult, requiring an even greater degree of consensus. It’s also less permanent: The vice president merely becomes acting president. Officially, the president is still the president and the vice president is still the vice president. The powers are transferred but not the title. He would still be hanging around as a sort of president in limbo, able to repeatedly challenge the alleged incapacity for the remainder of his term.

Congress has the power to remove the president from office. The House can impeach with a simple majority, and any individual representative can force a vote on it as a privileged resolution. The case is overwhelming and has been for some time. Take your pick of the many possible charges; we’re in no danger of running out.

Yes, conviction in the Senate requires a two-thirds vote, perhaps unobtainable. But that is not a reason to demur.

The political strategy argument against impeachment doesn’t withstand scrutiny. Both previous Trump impeachments were supported by majority public opinion. After Trump’s first impeachment in 2019, he lost the election in 2020. With Jan. 6 and the second impeachment fresh in mind, Democrats beat expectations in 2022, and those Republicans most closely associated with Trump’s election denialism fared even worse. His narrow victory in 2024 happened when Democrats were not exactly at peak performance, speaking of medically questionable presidents. And now, in all the chaos and absurdity, his approval ratings are lower than ever.

More to the point, impeachment is not only about removal. It is a statement of principle. It forces a public debate, puts the spotlight where it belongs and creates a historical record. Even if the Senate fails to convict, or even if it fails in the House, the act of pursuing impeachment has value. It says this did not all go unrebuked with passive acquiescence.

The 25th Amendment talk, by contrast, does none of that. It medicalizes what is fundamentally a political, legal and moral crisis. It frames the problem as “he might be unwell” rather than “he is breaking the law and abusing his powers.” One is an excuse; the other is culpability.

This is all, at best, a well-meaning detour. Less charitably, it is a way for congressional leadership to say they are doing something while dodging the real fight.

rumImpeachment is not only about removal. It is a statement of principle. It forces a public debate, puts the spotlight where it belongs and creates a historical record.

Raskin himself seems to understand this, to be fair. He has averred that he is not advocating for one solution over another, merely explaining the options. As a law professor, his interest in lesser-known parts of the Constitution is genuine. And, of course, he’s no stranger to impeachment; he was the House’s lead manager making the case to the Senate after the attack on the Capitol. He is not taking the problem lightly or trying to minimize the danger.

Nevertheless, every day spent talking about a Rube Goldberg machine for medically diagnosing Trump is a day not spent building the case for the only real solution.

We don’t need medical doctors and retired officeholders to tell us what we can see with our own eyes. We don’t need to nail down exactly which checklists he satisfies in the DSM-5. We need our elected representatives to do their duty. Trump’s disturbed personal psychology is real but immaterial. The problem is he is a walking, talking, nonstop offense against our constitutional system of government. Impeachment is the tool Congress has to address that, and its oath-sworn obligation demands it use it.

Andy Craig

Andy Craig is a senior editor at The UnPopulist.

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The Dictatorship

Man dead after opening fire at security checkpoint near White House, Secret Service says

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Man dead after opening fire at security checkpoint near White House, Secret Service says

U.S. Secret Service officers shot a man after he opened fire at a security checkpoint outside the White House on Saturday evening, the Secret Service said in a statement. The gunman, who had previous encounters with the Secret Service, was taken to a hospital, where he later died, the agency said.

A bystander was also shot in the incident, the Secret Service said, and it’s unclear whether the bystander was struck by the gunman or an officer.

The bystander was rushed to the hospital in serious condition and underwent surgery, a law enforcement source with direct knowledge told MS NOW. The source described the bystander as a young male but did not know if he was an adult.

No Secret Service personnel were injured in the shooting, the agency said.

President Donald Trump was at the White House during the incident but was “not impacted,” the Secret Service said.

The president, who had announced on Friday his plans to be at the White House this weekend, posted on social media after midnight early Sunday morning, thanking Secret Service and law enforcement for their work and noting the gunman had what he called a “violent history and possible obsession” with the White House. Trump also mentioned last month’s White House correspondents’ dinner shooting and said Saturday’s incident underscores his desire for “the most safe and secure space of its kind ever built” in Washington.

The suspected gunman has been identified as 21-year-old Nasire Best, two sources briefed on the matter told MS NOW. He was taken to George Washington University Hospital, where the Secret Service said he later died, according to the sources.

Best had encounters with the Secret Service last summer and had an order to stay away from the White House, the sources said. He has a history of mental health issues, the sources said.

The shooting Saturday occurred shortly after 6 p.m. ET at 17th Street and Pennsylvania Avenue NW, a few hundred feet from the White House, according to the Secret Service.

“A preliminary investigation indicates that as the individual approached, he removed a weapon from his bag and began firing at posted officers,” according to the Secret Service statement. The incident is under investigation.

Journalists working at the White House on Saturday reported hearing a series of gunshots and were told to seek shelter inside the press briefing room. Secret Service officers kept them from leaving. More than two dozen shots could be heard on video recorded by ABC News Senior White House Correspondent Selena Wang.

In a social media postFBI Director Kash Patel said the FBI is “on the scene and supporting Secret Service responding to shots fired near White House grounds.”

The Metropolitan Police Department said it is working alongside the Secret Service to investigate the incident. Special agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives are also on the scene, the bureau posted on X.

The gunfire Saturday comes nearly a month after what law enforcement authorities said was an attempted assassination of the president on April 25 as he attended the annual White House Correspondents’ Association Dinner at a Washington hotel. Cole Tomas Allen, of Torrance, California, recently pleaded not guiltyto charges that he attempted to kill Trump and remains in federal custody.

A little more than a week later, Secret Service officers shot a suspect they said had fired at officers near the Washington Monument, also near the White House. Michael Marx, 45, of Midland, Texas, was charged in a complaint filed in U.S. District Court in connection with the May 4 shooting. A teenage bystander was wounded in that incident.

Marc Santia is an investigative correspondent for MS NOW.

Carol Leonnig is a senior investigative reporter with MS NOW.

Hayley Meissner is the senior producer for MS NOW’s Breaking News and Blogs team.

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The Dictatorship

Trump seems to be giving up on his poll numbers. That could have consequences.

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On the surface, it might appear that President Donald Trump is obsessed with being popular. He insists that his poll numbers are fantastic and rages against any poll showing otherwise. He likes to claim that his actions and statements are supported by all. (“When people hear me say it, everybody agrees.”) After a lifetime spent in endless pursuit of attention and validation, he must surely desire popularity above almost anything.

If that was once true, it no longer is the case. In fact, it’s hard to think of a president who cared as little about being popular as Donald Trump does now.

Congressional Republicans are feeling that Trump is hanging them out to dry.

Other presidents have taken political risks, but they thought they were serving a higher cause — saving lives, solving deep-rooted problems or safeguarding America’s interests. Today, Trump is making himself less popular on an almost daily basis, for the pettiest of reasons. His approval rating has plunged into the 30s, and he doesn’t seem to care. Americans think the economy is terrible, and Trump seems indifferent. Instead, he’s putting his time and attention into a series of projects that could not be better designed to make him look corrupt and out of touch.

First among them is his gold-plated ballroom, which two-thirds of the public opposes. Then there’s the gargantuan arch he wants to build in Virginia. Now, Trump’s Justice Department has announced the creation of a $1.8 billion slush fund for supporters of his who say the government was mean to them — including those who rampaged through the Capitol on Jan. 6, 2021.

That last item was too much even for many Republicans in Congress. “So the nation’s top law enforcement official is asking for a slush fund to pay people who assault cops?” Sen. Mitch McConnell said. “Utterly stupid, morally wrong — take your pick.” When Blanche met with Republican senators to talk about it, the response was “incredibly hostile,” Punchbowl’s Andrew Desiderio reports.

Amid an unpopular war, the unpopular gas prices, the unpopular ballroom and the unpopular slush fund, congressional Republicans are feeling that Trump is hanging them out to dry. “Our majority is melting down before our eyes,” one Republican senator told Desiderio.

Rather than saving that majority, Trump is undertaking a campaign of revenge against fellow Republicans who have crossed him. This effort has been successful, because primaries are dominated by the most intense partisans and the Republican voters with doubts about Trump are more likely to stay home. So he has purged state senators in Indiana who declined his order to redraw their congressional maps; Sen. Bill Cassidy of Louisiana, who voted to remove him after Jan. 6; and Rep. Thomas Massie of Kentucky, a far-right libertarian who helped force the release of the Epstein files.

What’s so striking about this quest for vengeance is that it only hurts Trump’s own image and Republicans’ prospects in November. It doesn’t get Republicans more seats — he’s replacing one Republican with another. It makes Trump look petty and vindictive. And given his abysmal popularity, reinforcing the idea that every Republican is a Trump Republican won’t do those running in swing districts and states any favors.

Trump may see this indifference to the public’s judgment as a kind of liberation.

In the latest move, Trump endorsed Texas Attorney General Ken Paxton over incumbent John Cornyn in the state’s Senate race. Cornyn has been a loyal foot soldier to Trump, but either his enthusiasm for MAGA wasn’t florid enough or Trump feels a particular affinity with Paxton’s long list of political and personal scandals. Whatever the reason, Cornyn would probably win relatively easily, while Paxton’s nomination (likely after Trump’s endorsement) gives Democrats a real chance of nabbing the seat.

That’s why multiple Republican senators expressed their dismay at Trump’s endorsement. “I don’t understand it,” Sen. Lisa Murkowski said. “How does that help strengthen the president’s hand when we lose a state like Texas?”

Indeed, if Trump were trying to engineer a defeat in November for his party, it’s hard to imagine what he would be doing differently. Where does this indifference to both his own standing and the political fortunes of his party come from? He may have a version of senioritis, the way students stop caring about classes as the end of high school approaches. Trump does care about his legacy, but as far as he’s concerned, that legacy isn’t written in legislation or policy victories; it’s physical and tangible. If he’s loathed by two-thirds of the public when he departs the White House, it may not matter to Trump so long as there are gigantic buildings with his name on them.

Even more, Trump may see this indifference to the public’s judgment as a kind of liberation. He spent a lifetime attempting to free himself of any and all constraints, so he can do whatever he wants. Before he was president, it was the constraints of the law, ethics, convention and civility that vexed him; in politics it’s the law and ethics (again), political norms, international alliances and agreements, the bureaucracy, Congress and the courts. The political interest of his own party, and even his own popularity? That’s just one more thing tying him down. And he’s going to cut those cords.

Paul Waldman is a journalist and author focused on politics and culture.

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The Dictatorship

There’s a clear takeaway from the hantavirus and Ebola outbreaks

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I am a virologist. I have spent much of my career studying high-consequence microbes such as the Ebola virus, Lassa fever virus and hantaviruses, including the Andes species confirmed in the recent outbreak. My goal has always been to understand how such viruses make us sick and to use that information to develop treatments or, ideally, to prevent infections altogether.

In this type of work, governmental support for research is critical. The potential threat of outbreaks is clear in recent headlines about the Ebola virus outbreak in the Democratic Republic of Congo and Ugandaand, closer to home, one of the American cruise ship passengers potentially exposed to the hantavirus outbreak being ordered to remain in quarantine facilities in Nebraska.

Although much remains to be learned about hantaviruses, there are some things we know.

In 2020, a group of colleagues and I studying hantaviruses were approved for five years of funding through the National Institutes of Health/National Institute of Allergy and Infectious Diseases’ Centers for Research in Emerging Infectious Diseases program. We closely collaborated with Argentine scientists on a newly emerged hantavirus closely related to the Andes virus found in rodents that had already caused disease in humans. Unfortunately, as priorities shifted at NIH, the program was not renewed last year.

Although much remains to be learned about hantaviruses, there are some things we know:

Typically, hantavirus infections are the result of direct or airborne contact with rodents or their excrement; the outbreak traced to the MV Hondius cruise ship is associated with one of the more severe species, the Andes virus. It is known to circulate in rodents found in southern South America, mainly in Argentina and Chile. It is the only hantavirus with documented person-to-person spread and has a long incubation period — up to eight weeks.

Most of my work with hantaviruses has been in the setting of a high-containment laboratory where the virus can be safely studied and tested. Hantavirus infections with a variety of strains occur all over the world and are rare — the United States averages 10 to 20 cases a year. But in Argentina, there has been a steady increase in cases, presumably from changes in rodent populations. Infections have progressed to very serious disease in some people. We do not really understand yet what mild infections look like for the Andes virus or how often they occur.

We do not really understand yet what mild infections look like for the Andes virus or how often they occur.

Often, colleagues and I also work with highly trained field biologists with expertise in rodent ecology who help us better understand how changes in rodent behavior can impact the risk to humans. Such research can offer information about how long a specific virus strain has been circulating and whether it has spilled over into humans — data crucial to navigating current and future outbreaks.

While situations like the MV Hondius outbreak are rare, they underscore why investment in the research necessary to understand these pathogens is critical. While there has been some financial support by government agencies to develop a few candidate drugs and vaccines for medically important hantaviruses, none are approved by the Food and Drug Administration, and it is not clear if there is a large enough market to incentivize Big Pharma. That leaves no options for prevention or treatment for those living in or traveling to areas where these viruses circulate.

And in our increasingly interconnected world, more and more viruses circulate. Expanded access to previously remote areas means greater risks of encountering exotic wildlife and the microbes they carry. Debates about deforestation and wildlife habitat disruption tied to agriculture plans or infrastructure development such as roads or pipelines tend to focus on typical interactions and consequences. Outbreaks remind us that we have to consider worst-case scenarios, too, when disrupting the natural world. Some local health specialists think Argentina’s increase in Andes virus cases in recent years is tied to changes in temperature, part of climate change, that are contributing to expansion of rodent populations.

Travel, too, can result in the importation of highly pathogenic viruses. This is not a new problem but one our society is woefully unprepared to deal with. A case of Lassa fever in Iowa in 2024 resulted in 180 contacts though just one fatality. During the Ebola outbreak a decade before thatthere were two fatalities in the U.S., though rapid identification and contact tracing helped contain the spread. In 2018, another Andes virus case was imported to the U.S. by a vacationer. As with the recent casesthere were limited treatment options available for these patients or their close contacts.

Although some research has been done on the Andes virus, there is still much to learn about how it behaves in the context of an outbreak. Among my top questions as a virologist concerned about future outbreaks:

Are there other hantaviruses related to the Andes virus circulating that can cause disease in humans? Can humans carry the virus or shed it without symptoms? Can the virus adapt to become more transmissible among humans, as we have observed with SARS-COV-2? And, most important, can we develop and license drugs or vaccines to stop this and other viruses from causing more harm?

Addressing these questions and the inevitable follow-ups requires ongoing support of national governments. Programs such as the NIH/NIAID CREID program, the National Science Foundation’s Emerging Infectious Disease program, the NIH Fogarty International Center and others have offered critical support for collaborative research to scientists worldwide. This work has helped answer similar questions for a host of other emerging viruses and has generated data critical for addressing these high-priority pathogens when they emerge. That benefits people around the globe.

The French microbiologist Louis Pasteur said, “In the fields of observation, chance only favors the mind which is prepared.” Outbreaks like the one on the MV Hondius will continue to happen. The only way we will be ready when they occur is by continuing to invest in the scientific research necessary to ensure we understand the risks and have the means to respond.

Robert W. Cross, Ph.D., MPH, is an associate professor in the Department of Microbiology & Immunology at the University of Texas Medical Branch. His research is centered on the biology and pathogenesis of high priority viral agents.

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