Opposition to H. Res. 21

Floor Speech

Date: Jan. 19, 2021
Location: Washington, DC

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Mr. GOSAR. Madam Speaker, I rise today in opposition to H. Res. 21 and its invocation for Vice President Mike Pence to activate Section 4 of the 25th Amendment.

The Resolution appears to be ill-conceived, vindictive and disassociated from any factual basis. There is no medical, scientific or other evidence that the President is operating under an infirmity that prevents the faithful execution of our laws. Indeed, no one even so much as asked for such evidence. No independent medical exam was sought. No interviews of cabinet members or testimony was proffered where one or more cabinet members could have presumably attested to some medical or physical infirmity warranting immediate intervention.

While it is true the President has his detractors, almost all of whom support this ill-advised resolution, attacking one's political opponents by invoking the most dramatic and emergency based provisions in the Constitution is reckless and poses serious harm to the Republic. Unfortunately, as it has been brought to the floor, the political bar has been lowered. I voted no as there is no merit to it and it is plainly a vengeful attack at the outgoing President who has been vilified by leftist media and others. I remain concerned that this provision will be brought up against the next president, and the next, and the next, for mere political opportunism.

Indeed, in light of the incoming president's age and existing infirmities, I fear a movement to remove him without just cause using this provision. I am told that Mr. Biden won the presidency in the greatest popular vote on record in the history of the United States. To me that means the American people knew what they were voting on, embraced him as their choice, and that choice should not be easily disturbed, if ever. More concisely, the American people were well aware of Mr. Biden's age and health issues and that cannot be used as a pretext to remove him before the natural expiration of his term. This historic victory, greater than the then-historic victory of Obama, cannot be tarnished by congressional machinations to remove the next president. I will not countenance such villainy, nor will the Republic.

Invocation of the 25th Amendment should be used in the rarest and most exceptional circumstances. That does not exist relative to President Trump, and none was even whispered. And it does not, and will not, exist for President Biden. I go on record now to register my objection to such loose talk, including the formation of a commission to ``investigate'' the 25th Amendment. This is dangerous. It is breezy talk, a bit too comfortable about removing elected officials to replace them. That is the sole prerogative of the people every four years.

Section 4 of the 25th Amendment addresses an incapacitated President unable to make the decision to relinquish their duties. As the current president is not incapacitated, the current effort falls far short. Laughingly short. Improbably short. Ridiculously short.

I restate my call for civility. I call for unity. I ask the leftists here, the socialists who want to deconstruct this great Nation, to stop the nonsense and join with me in building our country, not tearing it down. I condemn the violence we saw all over the United States from May to the present, from Portland to Washington, D.C., led by domestic terrorist organizations like Black Lives Matter and the pro-fascist, protocommunist Antifa. I call out the rioters at the Capitol last week and condemn their violation of our House proceedings, indeed directly stopping me from conducting House business. My request for a remand for the state legislature to double check electoral integrity lost cosponsors and lost immediacy because of the violence that day. I thank the overwhelmed Capitol Police.

Unlike some of my colleagues, I note my long-term support for our police. It is not a fashion for me, as it is others, who condemn police and seek to defund it on one day, and then after feeling scared and vulnerable, call for more police. I remain consistent in my support for ethical law enforcement. I wish they had back up that day and were able to arrest and stop any incursion. The leftists in this body have brow beaten our law enforcement to such a degree the rules of engagement are not known to even themselves. All law enforcement knows is one mistake and they are cancelled. It does not have to be that way. It should not be that way.

For these reasons, Madam Speaker, I stand in opposition of the resolution and the invocation of the 25th Amendment and I voted No. Now, more than ever, God bless these United States.

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