Providing for Consideration of H. Res. Calling on Vice President Pence to Convene and Mobilize the Cabinet to Activate Section 4 of the 25th Amendment to Declare President Donald J. Trump Incapable of Executing the Duties of His Office; and for Other Purposes

Floor Speech

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Mr. COLE. Mr. Speaker, I thank my friend, the gentlewoman from Pennsylvania (Ms. Scanlon) for yielding me the customary 30 minutes, and I yield myself such time as I may consume.

Just a few days ago, the Nation was shaken by the violent and destructive actions of an outrageous mob that stormed the Capitol and attempted to gain access to this very Chamber, seeking to harm innocent lives and disrupt democracy at work.

I vehemently condemn their lawless actions. This never should have happened, and the perpetrators of these despicable crimes that took place in this building must be prosecuted to the fullest extent of the law.

While Americans have the right to passionately voice their views and peacefully dissent in protest, the siege on our Capitol last Wednesday was the furthest thing from peaceful protest. As a result of the violent and frightening events of the day, six lives have been lost.

This includes two courageous Capitol Police officers who put themselves in harm's way to protect us, secure the building, and restore order. We will never forget their selfless sacrifices and bravery. Our deepest prayers remain with their families, friends, loved ones, and the entire United States Capitol Police force as they grapple with their heavy loss.

As we seek to pick up the pieces and move forward healing our Nation, I am concerned that the majority is proceeding with the wrong course of action.

Earlier today, Mr. Speaker, the Rules Committee met and reported out a rule for consideration of House Resolution 21. This is a nonbinding resolution calling on Vice President Mike Pence to convene the Cabinet and declare President Trump incapable of executing his duties pursuant to section 4 of the 25th Amendment.

I think this resolution is misguided and inappropriate for the legislative branch to pursue. As such, I must oppose it.

Mr. Speaker, under the 25th Amendment to the Constitution, when it appears the President is unable to fulfill his or her duties, it is the responsibility of the Vice President, with the concurrence of a majority of the Cabinet, to initiate the process for making that determination.

That responsibility, grave as it is, rests solely with the Vice President. There is no role for Congress in this process. The only role for Congress arises later and only in the circumstances where there is a dispute between the President and Vice President about the President's ability to fulfill his or her duties, but we are not faced with that situation now.

Nor is this resolution intended to designate, by law, another body besides the Cabinet to exercise this power, which the text of the 25th Amendment says it may do. Instead, with today's resolution, what the majority is asking the House to do is to assume a power it does not have. The House has no role in initiating section 4 of the 25th Amendment, and we should not pretend otherwise. Instead, that power lies with the Vice President.

And we should be very clear about what this resolution actually is. It is an attempt to pressure the Vice President into performing a duty he clearly does not believe is necessary at this time.

Mr. Speaker, I was here in the Capitol last week, as were all of my colleagues. We all had the opportunity to watch Vice President Pence as he fulfilled his duty under the Constitution. He showed sound judgment and poise under pressure, and his actions were above reproach. Indeed, he fulfilled his oath of office and acted in a manner befitting his constitutional role. It was a statesman-like performance under the most difficult of circumstances.

Despite witnessing the Vice President's sound judgment and ability to fulfill his oath in person, the majority is now seeking to push him into performing an additional action under the 25th Amendment. The Vice President has not done what the majority wishes him to do, and so they are bringing up this resolution now in effort to pressure him into doing so.

This act, attempting to substitute the House's judgment for the Vice President's, is not contemplated anywhere in the Constitution. As we all saw last Wednesday, Vice President Pence's judgment is sound. There is no need for the House to attempt to substitute its judgment for his own.

I personally have strong faith in him, and I believe he will consider his constitutional duty in the same manner that he carries out all of the other constitutional duties assigned to him: in a forthright manner that fulfills his oath of office and attests to his personal integrity.

Should the Vice President ever believe that the 25th Amendment needs to be invoked, I have no doubt that Vice President Pence, both as a leader, as a former House colleague, and as a friend, would exercise good judgment with respect to performing that duty. That he has not taken that action thus far is not an indication that the House needs to push him to do so. His record of sound judgment should speak to us on this issue.

As such, I urge my colleagues to reject this resolution. I urge a ``no'' vote on the rule, a ``no'' vote on the underlying measure, and I reserve the balance of my time.

Mr. Speaker, if we defeat the previous question, I will offer an amendment to the rule to immediately bring up a resolution establishing a bipartisan national commission on the domestic terrorist attack on the United States Capitol.

This commission, modeled on the 9/11 Commission, will be charged with examining and reporting upon the facts and causes relating to the attack that occurred on January 6 of 2021 and with providing appropriate findings, conclusions, and recommendations for corrective measures.

I can think of no more appropriate path for Congress to follow, Mr. Speaker, than to ensure that a bipartisan commission reviews all evidence and reports back to us on this horrific event.

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Mr. COLE. Mr. Speaker, I urge a ``no'' vote on the previous question.

I would disagree somewhat with my good friend from Pennsylvania. I have had the privilege of being in this body for many years, and I have never seen what we see in sections 2 and 3 of this rule, the suspension of appropriate language.

I understand the difficulties of dealing with this issue and respect that. However, at a time when the rhetoric has been over the top, I think we should set a high example. We have never done this before in my time here. We didn't do it in previous impeachments.

The need to do it now is lost on me, Mr. Speaker.

Again, I have great confidence in my friend. I have great confidence in my friends on the Rules Committee.

So, the rule is the rule. This will almost certainly pass. I would just hope that everybody acts as good as they can. I mean, I hate to put it that simply, but this is an important issue.

I respect all the Members of this body. I know they have very different points of view on this. That is to be expected.

Generally, our debates are professional. Generally, that standard is something we are proud of and something that we aspire to. I hate to see it ever lowered or any exception provided.

I also have great confidence in the Speaker's Chair, and I know that they will enforce the appropriate level of civility and decency on the floor.

But, Mr. Speaker, I just ask my fellow Members to please, please think about this, because we have taken a very important safeguard off the rails of debate, so to speak.

Mr. Speaker, in closing, I want to urge all of my colleagues to vote ``no'' on this resolution.

The resolution asks this House to substitute its judgment for the Vice President's in making the grave decision to initiate procedures under section 4 of the 25th Amendment. Under the Constitution, this is a role that belongs exclusively to the Vice President and the Cabinet, not to the House of Representatives. Attempting to usurp this responsibility is not supported by the Constitution and would be a historic overreach.

Members should also take assurance from the Vice President's strong record of sound judgment. Rather than pressuring him into acting, we should be reassured by the knowledge that he would act on this topic as he does on all others in performing his duty, in a manner befitting his constitutional role as Vice President of the United States.

Mr. Speaker, I urge my colleagues to vote ``no'' on the previous question and ``no'' on the rule, and I yield back the balance of my time.

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Mr. COLE. Mr. Speaker, on that I demand the yeas and nays.

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