"Former acting FBI Director Andrew McCabe and Top DOJ Officials considered asking Cabinet members to invoke the 25th Amendment in order to remove President Trump and discussed recording meetings with him," officials from a top Washington, D.C. public-interest law firm stated last week.
An active and proficient watchdog group announced this past week that its attorneys filed a scathing FOIA (Freedom of Information Act) lawsuit against the U.S.Justice Department for all records of communication from fired FBI Deputy Director Andrew McCabe, the Office of the Attorney General under Jeff Sessions, or the Office of Deputy Attorney General Rod Rosenstein — who performed as the acting attorney general — discussing the 25th Amendment or presidential fitness. See the Constitution’s amendment below.
Additionally, the lawsuit seeks all recordings made by any official in the Office of the Attorney General or Deputy Attorney General of meetings in the Executive Office of the President or Vice President.
The suit was filed after the Justice Department failed to respond to three separate FOIA requests dated September 21, 2018 (Judicial Watch v. U.S. Department of Justice (No. 1:19-cv-00388)). The lawsuit seeks all written and audio/visual records of any FBI/DOJ discussions regarding the 25th Amendment and plans to secretly record President Trump in the Oval Office.
On February 14, 2019, former acting FBI Director Andrew McCabe stated in an interview with CBS that “there were conversations about the possibility of removing Trump under the 25th Amendment and confirming that Deputy Attorney General Rod Rosenstein had offered to wear a wire around the president.”
After President Trump fired then-FBI Director James Comey, reportedly top DOJ officials discussed whether to recruit cabinet members to invoke the 25th Amendment to remove President Trump from office.
President Donald Trump recently tweeted: “The biggest abuse of power and corruption scandal in our history, and it’s much worse than we thought. Andrew McCabe (FBI) admitted to plotting a coup (government overthrow) when he was serving in the FBI, before he was fired for lying & leaking.”
It was reported in September 2018 that Deputy Attorney General, Rod J. Rosenstein, suggested that he secretly record President Trump in the White House in an effort to invoke the 25th Amendment and have President Trump removed. Judicial Watch’s immediate follow-up FOIA requests were ignored.
“It is no surprise that we are facing an immense cover-up of senior FBI and DOJ leadership discussions to pursue a seditious coup against President Trump,” stated Judicial Watch President Tom Fitton. “This effort to overthrow President Trump is a fundamental threat to our constitutional republic so Judicial Watch will do everything it can in the courts to expose everything possible about this lawlessness.”
1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
4. 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 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, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, 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. Thereupon Congress shall decide the issue, assembling within forty eight hours for that purpose if not in session. If the Congress, within twenty one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty one days after Congress is required to assemble, 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.