Letter to Vice President Mike Pence Re: Invocation of Amendment 25
January 7, 2021
Honorable Mike Pence
Vice President of the United States
The White House
Office of the Vice President
1600 Pennsylvania Avenue, N.W.
Washington, D.C. 20500
Dear Mr. Vice President:
We strongly urge you and your Cabinet colleagues to invoke paragraph 3 of Amendment 25 to have you immediately assume the powers and duties of President Donald Trump because of the latter’s mental or psychological inability to discharge the powers and duties of his office: namely, his inability to take care that the laws be faithfully executed under Article II, section 3, and his inability to honor his oath of office to preserve, protect, and defend the Constitution of the United States under Article II, section 1.
Among other transgressions, on January 6, 2021, Mr. Trump committed the crimes of seditious conspiracy and incitement to commit seditious conspiracy, 18 U.S.C. 2384, and incitement to assault government officials and destroy government property, 18 U.S.C. 111, 1361, by employing incendiary lies, subversions of the 2020 presidential election, and provoking, inciting, and emboldening a fevered mob to storm the Capitol to prevent the proper and lawful counting of presidential electoral votes certified by the various States and the District of Columbia. In so doing, President Trump took a wrecking ball to the Constitution and the rule of law, and the legitimacy of the government itself, the nation’s crown jewels.
Time is of the essence. Every 24 hours Mr. Trump remains in office is a roll of the dice with the Constitution and the American people, for example, military attacks against Iran, China, or Venezuela; anticipatory pardons for his latest mob, business cronies, his family, and himself; the imposition of martial law; brandishing the Insurrection Act; or renewed incitements against the Georgia Governor and Secretary of State or new incitements against Members of the House or Senate who voted to count the certified electoral votes of the 50 States and the District of Columbia or the United States Supreme Court.
Mr. Vice President, history has summoned you to courage and constitutional integrity. We urge you not to neglect the call to patriotic duty.