The Robert Mueller Report has been released in full outside legally required redaction that would compromise sources and methods. It’s over. The Deep State and their media outlets temper tantrum against Attorney General Bill Barr because he feels the need to investigate the beginning of the Trump-Russia Collusion Hoax, now documented, will continue for a time but eventually will dissipate as new documents are declassified supporting Barr’s need to review. The infamous insurance policy to hide FBI agents Peter Strzok and Lisa Page, and other accomplices to the alleged coup d’e’tat to unseat a president of the United States, failed leaving them exposed to treason.
By the time newspapers print this column Deputy Attorney General Rod Rosenstein will have resigned. One of the things that Barr may wish to review, with respect to the coup, was the intent to use the 25th Amendment in their failed plot. In this, outgoing Rod Rosenstein takes center stage.
This was confessed on 60 Minutes by former deputy director of the FBI Andrew McCabe who identified Rod Rosenstein as an accomplice having discussed with others removing the president using the 25th Amendment. This Rosenstein denies. Look for Rosenstein to be put under oath again before the Senate Judiciary Committee regarding this and his offer to wear a “wire” while in meetings with President Trump to entrap him.
They needed Trump to look crazy. This was planned before he was inaugurated. Reportedly Rosenstein told “Mr. McCabe that he might be able to persuade Attorney General Jeff Sessions and John F. Kelly, then the secretary of homeland security and now the White House chief of staff, to mount an effort to invoke the 25th Amendment” (“Rod Rosenstein Suggested Secretly Recording Trump and Discussed 25th Amendment,” New York Times, Sept. 21, 2018).
But the 25th Amendment was never designed to undo an election. Even a casual look at it should end that issue. Deep Staters and their media outlets hated Trump and feared his exposure of their influence in the election. The amendment requires evidence of his mental or physical incapacity. The population had just voted that he was fit and was their best choice of many contenders.
The amendment created the temporary office of acting president which is filled by the elected vice president serving under the president in one of two ways. First, Section 3, by the president’s voluntarily removal of himself as before surgery which might result in death or second, involuntarily by his cabinet and vice president.
Section 4 is what Trump’s alleged conspirators sought to use. It begins “Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore [currently Charles Grassley] of the Senate and the Speaker of the House of Representatives [currently Nancy Pelosi] their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.”
Notice the word acting assumes a temporary status, which will automatically be returned to him when he submits to the above named authorities a “written declaration that no inability exists,” that he is fit. He resumes his duties “unless the Vice President and a majority of either the principal officers of the executive department … transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office.”
Should that happen Congress (both houses) is required to assemble within 48 hours to deal with the issue and is given 21 days thereafter to vote on the matter. If Congress “determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.”
This amendment is designed to handle a president incapacitated by a stroke, as in President Woodrow Wilson, or a botched assassination attempt leaving a president incapacitated to do his duties, or in a disease like Alzheimer's for instance. This is not to be used to impeach a president as such is clearly outlined in Article II of the Constitution or to overturn the results of an election—more especially one just occurring.
At this point it might be well to review 18 U.S. Code 2385, Chapter 115, pp. 2-6 on what constitutes Treason, Sedition, and Subversive Activities in Advocating an attempted overthrow of Government. This list includes activities respecting: “prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays.” In the coming weeks and months we may wish to review this law.
Deputy Attorney General Rod Rosenstein looked mighty uncomfortable standing expressionless and statue-like behind William Barr when Barr announced the results of the Mueller Report as no collusion and no obstruction. Since he had much to do with the investigation and is the last standing original senior executive officer in the Department of Justice, he may have much to worry about. At least the Russian collusion focus will no longer be on Trump.
Dr. Harold Pease is a syndicated columnist and an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He taught history and political science from this perspective for over 30 years at Taft College. Newspapers have permission to publish this column. To read more of his weekly articles, please visit www.LibertyUnderFire.org.
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