WASHINGTON (AP) — House Speaker Nancy Pelosi is questioning President Donald Trump’s fitness to serve, announcing legislation Thursday that would create a commission to allow Congress to intervene under the 25th Amendment to the Constitution and remove the president from executive duties.
Just weeks before the Nov. 3 election, Pelosi said Trump needs to disclose more about his health after his COVID-19 diagnosis. She raised the idea of invoking the 25th Amendment, which allows a president’s Cabinet or Congress to intervene when a president is unable to conduct the duties of the office.
On Friday, she planned to roll out the legislation that would launch the commission for review.
Trump responded swiftly via Twitter.
“Crazy Nancy is the one who should be under observation. They don’t call her Crazy for nothing!” the president said.
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WASHINGTON, DC – MAY 8:File photo dated 08 May, 1996 shows US Congresswoman Nancy Pelosi, D-CA, speaking during a Capitol Hill press conference in Washington, DC. House Democratic leader Dick Gephardt (R, D-MO) is expected to announce 07 November, 2002 that he will not seek another term after the Republican opponents took both the House of Representatives and the Senate in mid-term elections 05 November. One of two Democrats vying to fill the spot is is Minority Whip Nancy Pelosi; the other is chairman of the Democratic caucus Martin Frost (D, TX).(Photo credit should read J. DAVID AKE/AFP/Getty Images)
WASHINGTON, DC – MAY 20:US President Bill Clinton signs the Ryan White Comprehensive AIDS Resources Emergency Act Amendments of 1996 20 Mayat the White House in Washington DC. Standing behind Clinton are (L-R) Jeanne White, mother of Ryan, White House Aide Patsy Fleming, Sen. Bill Frist (R-TN), Rep. Henry Waxman(D-CA), Rep. Nancy Pelosi(D-CA).(Photo credit should read CHUCK KENNEDY/AFP/Getty Images)
UNITED STATES – JUNE 25:HOUSE APPROPRIATIONS: Ranking member Nancy Pelosi ,D-Calif., during the House Appropriations,Foreign Operations subcommittee markup of FY 98 foreign operations appropriations.(Photo by Douglas Graham/Congressional Quarterly/Getty Images)
SLUG:NA/BAILOUT DATE:9/26/08 WASHINGTON, DC CREDIT: DOMINIC BRACCO II From left, House Speaker Nancy Pelosi (D-CA), and House Financial Services Committee Chairman Barney Frank (D-MA) speak during a press conference about legislation for a bailout of the financial crisis on Capitol Hill on Sept. 26, 2008.(Photo by Dominic Bracco Ii/The Washington Post/Getty Images)
Washington, UNITED STATES:US President George W. Bush is applauded by Speaker of the House Nancy Pelosi (R) and Vice President Dick Cheney (L) as he delivers the State of the Union address to a joint session of Congress at the Capitol in Washington 23 January 2007. AFP PHOTO/Larry Downing/Pool(Photo credit should read LARRY DOWNING/AFP/Getty Images)
UNITED STATES – OCTOBER 10:WHIP RACE–Nancy Pelosi, D-Calif., left, victor in the Democratic Whip race, talks to reporters and celebrates with supporting members after the Democratic caucus elected her to replace outgoing Whip David E. Bonior, D-Mich., who is running for governor of Michigan.(Photo by Scott J. Ferrell/Congressional Quarterly/Getty Images)
WASHINGTON, :Rep. Nancy Pelosi (D-CA,L) newly elected Democratic Minority Leader raises her hand with outgoing leader Dick Gephardt (D-MO) 14 November, 2002 on Capitol Hill in Washington, DC. Pelosi’s election marks the first time in the history of the US Congress that a woman will lead her party.AFP PHOTO MIKE THEILER (Photo credit should read MIKE THEILER/AFP/Getty Images)
UNITED STATES – JULY 26:House Minority Leader Nancy Pelosi (D-CA) speaks to the California delegate breakfast in Boston, Massachusetts on the first day of the Democratic National Convention, July 26, 2004.(Photo by Chris Kleponis/Bloomberg via Getty Images)
UNITED STATES – FEBRUARY 02:STATE OF THE UNION ADDRESS–House Minority Leader Nancy Pelosi, D-Calif., and 2004 presidential candidate Sen. John Kerry, D-Mass., talk before President George W. Bush’s State of the Union Address to a joint session of Congress.(Photo by Scott J. Ferrell/Congressional Quarterly/Getty Images)
Congressman John Lewis, Congresswoman Maxine Waters, Harry Belafonte, Jessie Jackson and Congresswoman Nancy Pelosi (Photo by Moses Robinson/WireImage)
WASHINGTON – JUNE 04:U.S. Speaker of the House Rep. Nancy Pelosi (D-CA) addresses the 2008 American Israel Public Affairs Committee (AIPAC) Policy Conference at the Washington Convention Center June 4, 2008 in Washington, DC. Democratic U.S. presidential hopefuls Sen. Hillary Clinton (D-NY) and Sen. Barack Obama (D-IL) are scheduled to speak to the same event.(Photo by Alex Wong/Getty Images)
WASHINGTON – MAY 22:Speaker of the House Nancy Pelosi (D-CA) holds her weekly news conference at the U.S. Capitol May 22, 2009 in Washington, DC. Pelosi turned the news conference into an opportunity to list what she and the Democratic House leadership considered their successes of the 111th Congress’ first session. She took a handful of questions about her upcomming trip to China and her statements about the CIA.(Photo by Chip Somodevilla/Getty Images)
UNITED STATES – JULY 23:House Speaker Nancy Pelosi, a Democrat from California, right, and Nuri al-Maliki, Iraq’s prime minister, shakes hands while addressing the media before a meeting at the Capitol in Washington, D.C., U.S., on Thursday, July 23, 2009. Maliki pledged to mend sectarian divisions and fight corruption as he urged the international community to continue providing support to his nation.(Photo by Brendan Hoffman/Bloomberg via Getty Images)
WASHINGTON, DC- Jan. 05: House Speaker John A. Boehner, R-Ohio, accepts the gavel from outgoing House Speaker Nancy Pelosi, D-Calif., as the 112th Congress convenes at the U.S. Capitol. (Photo by Scott J. Ferrell/Congressional Quarterly/Getty Images)
WASHINGTON, DC – JUNE 23:House Minority Leader Nancy Pelosi (D-CA) works with staff before a vote on the House floor during a typically busy day on Capitol Hill in Washington DC, Thursday, June 23, 2011. (Photo by Melina Mara/ The Washington Post via Getty Images) 
UNITED STATES â DECEMBER 1: House Minority Leader Nancy Pelosi, D-Calif., holds her weekly on camera news conference in the Capitol on Thursday, Dec. 1, 2011. (Photo By Bill Clark/CQ Roll Call)
BEVERLY HILLS, CA – APRIL 22:Los Angeles Mayor Antonio Villaraigosa (L) and Democratic Leader Nancy Pelosi attends the Public Counsel’s 2012 William O. Douglas Dinner at The Beverly Hilton Hotel on April 22, 2012 in Beverly Hills, California.(Photo by Imeh Akpanudosen/Getty Images)
CHARLOTTE, NC – SEPTEMBER 05:House Minority Leader Sen. Nancy Pelosi (D-CA) waves as she takes the stage during day two of the Democratic National Convention at Time Warner Cable Arena on September 5, 2012 in Charlotte, North Carolina. The DNC that will run through September 7, will nominate U.S. President Barack Obama as the Democratic presidential candidate.(Photo by Chip Somodevilla/Getty Images)
WASHINGTON, DC – NOVEMBER 14: House Minority Leader Rep. Nancy Pelosi (D-CA) speaks to the media as female House Democrats gather around during a news conference at the U.S. Capitol, on November 14, 2012 in Washington, DC. Leader Pelosi said that she has decided continue to lead the House Democrats and does not wish to retire at this time.(Photo by Mark Wilson/Getty Images)
U.S. House Minority Leader Nancy Pelosi, a Democrat from California, bottom center, stands for a photograph with Democratic women of the House on the steps of the U.S. Capitol Building in Washington, D.C., U.S., on Wednesday, Jan. 7, 2015. 65 House Democratic women are part of the 114th Congress, the largest number of women in a party Caucus in the history of the Congress of the United States. Photographer: Andrew Harrer/Bloomberg via Getty Images 
LOS ANGELES, CA – FEBRUARY 07:(L-R) Former Vice President of the United States Al Gore, Apple’s SVP of Internet Software and Services, Eddy Cue, CEO of Apple Tim Cook, music producer Jimmy Iovine and Minority Leader of the United States House of Representatives, Nancy Pelosi attend the Pre-GRAMMY Gala and Salute to Industry Icons honoring Martin Bandier at The Beverly Hilton Hotel on February 7, 2015 in Los Angeles, California.(Photo by Lester Cohen/WireImage)
UNITED STATES – JULY 15: Vice President Joe Biden and House Minority Leader Nancy Pelosi, D-Calif., leave a meeting with House Democrats in the Capitol Visitor Center where Biden briefed members on the nuclear deal with Iran, July 15, 2015. (Photo By Tom Williams/CQ Roll Call)
UNITED STATES – JULY 14: House Minority Leader Nancy Pelosi, D-Calif., introduces presidential candidate Hillary Rodham Clinton to the press for her on the Iran nuclear deal following her meeting with House Democrats during their weekly caucus meeting in the U.S. Capitol on Tuesday, July 14, 2015. (Photo By Bill Clark/CQ Roll Call)
WASHINGTON, DC – Democratic House Minority Leader Nancy Pelosi works with staff in her House Leadership office during a typically hectic legislative day on Capitol Hill in Washington, DC on Wednesday May 18, 2016. (Photo by Melina Mara/The Washington Post via Getty Images)
Democratic presidential candidate Hillary Clinton (L) walks with House Minority Leader Nancy Pelosi after attending a meeting with the House Democratic Caucus on June 22, 2016 at the US Capitol in Washington, DC. / AFP / MANDEL NGAN(Photo credit should read MANDEL NGAN/AFP/Getty Images)
UNITED STATES – JULY 28: House Democratic Leader Nancy Pelosi speaks at the Democratic National Convention in Philadelphia on Thursday, July 28, 2016. (Photo By Bill Clark/CQ Roll Call)
WASHINGTON, DC – SEPTEMBER 14: House Minority Leader Nancy Pelosi (D-CA), chats with House Speaker Paul Ryan (R-WI), during a memorial service to honor the late Rep. Mark Takai (D-HI), 49, who died from pancreatic cancer last July, at the US Capitol September 14, 2016 in Washington, DC. (Photo by Mark Wilson/Getty Images)
WASHINGTON, DC – SEPTEMBER 21:(L-R) Senate Majority Leader Mitch McConnell (R-KY), Sen. Chuck Schumer (D-NY), Speaker of the House Paul Ryan (R-WI), House Majority Leader Kevin McCarthy (R-CA) and House Minority Leader Nancy Pelosi (D-CA) drive nails into a piece of lumber at the ‘First Nail Ceremony’ September 21, 2016 outside the U.S. Capitol in Washington, DC. The ceremony marked the official launch of construction on the Inaugural platform where the next President of the United States will take the oath of office on Friday, January 20, 2017.(Photo by Win McNamee/Getty Images)
WASHINGTON, DC – SEPTEMBER 22:House Minority Leader Nancy Pelosi (D-CA) answers questions during her weekly press conference at the U.S. Capitol September 22, 2016 in Washington, DC. Pelosi answered questions on a range of topics, including congressional negotiations on a new continuing resolution.(Photo by Win McNamee/Getty Images)
U.S. Vice President-elect Mike Pence, right, shakes hands with House Minority Leader Nancy Pelosi, a Democrat from California, following a meeting in Washington, D.C., U.S., on Thursday, Nov. 17, 2016. During their closed-door meeting, Pelosi expressed strong concerns about Trump’s decision to name former Breitbart News chief Steve Bannon to be his chief White House strategist, and asked him to reconsider the appointment. Photographer: Chip Somodevilla/Pool via BloombergUp Next
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His opponents have discussed invoking the 25th Amendment for some time, but are raising it now, so close to Election Day, as questions swirl about the president’s health. Trump says he “feels great” after being hospitalized and is back at work in the White House. But his doctors have given mixed signals about his diagnosis and treatment. Trump plans to resume campaigning soon.
Congress is not in legislative session, and so any serious consideration of the measure, let alone votes in the House or Senate, is unlikely. But the bill serves as a political tool to stoke questions about Trump’s health during the coronavirus pandemic.
The bill would create a commission as outlined under the 25th Amendment, which was passed by Congress and ratified in 1967 as way to ensure a continuity of power in the aftermath of President John F. Kennedy’s assassination.
It says the vice president and a majority of principal officers of the executive departments “or of such other body as Congress” may by law provide a declaration to Congress that the president “is unable to discharge the powers and duties of his office.” At that point, the vice president would immediately assume the powers of acting president.
Pelosi’s move came after she said earlier Thursday that she was “at the table” still ready to negotiate a coronavirus aid package. Trump had abruptly halted talks this week, leaving the economy reeling, his GOP allies scrambling and millions of Americans without additional support weeks before Election Day.
Pelosi said she told Trump’s chief negotiator, Treasury Secretary Steven Mnuchin, she was willing to consider a measure to prop up the airline industry, which is facing widespread layoffs. But that aid, she said, must go alongside broader legislation that includes the kind of COVID testing, tracing and health practices that Democrats say are needed as part of a national strategy to “crush the virus.”
“Lives are at stake,” Pelosi said at the Capitol. “This is deadly serious.”
In a stunning admission, Senate Majority Leader Mitch McConnell said Thursday that he had stopped going to the White House two months ago because he disagreed with its coronavirus protocols. His last visit was Aug. 6.
“My impression was their approach to how to handle this was different from mine and what I insisted we do in the Senate, which is to wear a mask and practice social distancing,” McConnell said at a campaign stop in northern Kentucky for his own reelection.
The sharp words from all sides after Trump lashed out at Congress come during the final weeks in a campaign year fast turning into a referendum on Trump’s handling of the pandemic.
Republican allies are peeling away from Trump, with some calling his decision to withdraw from virus aid talks a mistake. Normally, the splintering could provide grounds for a robust package, but with other Republicans refusing to spending more money, it appears no relief will be coming with Americans already beginning early voting.
McConnell held out hope that “we ought to continue to talk” even as several of his own senators said they do not want to pass more aid. More than 210,000 Americans have died and millions more are infected with a virus that shows no signs of abating heading into what public health experts warn will be a difficult flu season and winter.
“There’s no question that the proximity to the election has made this much more challenging,” McConnell said.
The president blew up negotiations this week when he announced his withdrawal, and then quickly reversed course and reached out for fresh aid. It all came in a head-spinning series of tweets and comments days after he returned to the White House after his hospitalization with COVID-19.
First he told the Republican leaders in Congress on Tuesday to quit negotiating on an aid package. By Wednesday he was trying to bring everyone back to the table for his priority items — including $1,200 stimulus checks for almost all adult Americans.
Democrats have made it clear they will not do a piecemeal approach until the Trump administration signs off on a broader, comprehensive plan they are proposing for virus testing, tracing and other actions to stop its spread. They have scaled back a $3 trillion measure to a $2.2 trillion proposal. The White House presented a $1.6 trillion counter offer. Talks were ongoing when Trump shut them down.
“If there’s one thing that has to be in this bill that he has never made as a priority, it’s crushing the virus — instead of the denial, delay, distortion, lack of reality that the president has all along brought to this,” Pelosi said.
“We’ve told the White House, we’re at the table,” she said.
Trump’s diagnosis last week coincides with an outbreak across the White House, as a number of the visitors and high-level advisers to the president have now tested positive and are in quarantine.
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Associated Press writers Bruce Schreiner in Frankfort, Kentucky, and Laurie Kellman and Pamananda Rama in Washington contributed to this report.
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