re: McCabe's action...not treason

quote:

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Questioning whether the 25th Amendment should be used is not treason.

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I do not see either treason or sedition in discussions regarding the possibility of invoking an entirely constitutional remedy. Let’s look at that remedy.

The first paragraph of 25.4 is invoked if the vice president and a majority of the cabinet make a declaration that the president “is unable to discharge the powers and duties” of his office. it does not say that they must be correct or even that they must act in good faith, and it does not say that they must seek professional medical advice. This subparagraph is premised on the notion that the vice president and the cabinet are all of the same party as the sitting president and are his closest confidants. in other words, they would not take this step, unless something was seriously wrong.

so what does this the initial declaration under 25.4 (1st paragraph) do? It VERY temporarily (4 days) shifts the powers of the presidency to the vice president. It categorically DOES NOT do anything permanent. Yes, the VP and Cabinet can get some VERY temporary satisfaction, even if they act in bad faith .... entirely Constitutionally.

The president can then declare, in essence, “no, I’m fine.“ Unless the vice president and cabinet AGAIN declare the president to be incapacitated, the matter ends right there (except for all the firings).

If the president’s closest confidants all continue to assert that he is incapacitated, the matter is then sent to “trial“ before both houses of Congress. In order to remove the president, his closest confidants must establish to the satisfaction of 2/3 of both houses “that the President is unable to discharge the powers and duties of his office.”

If they do not obtain that confirmation within 21 days, the President resumes his duties and fires his Cabinet.

if the vice president in the cabinet acted in bad faith under 25.4, they would certainly deserve to be fired, but they would not be guilty of either treason or sedition..