Nebraska Congressman Don Bacon Opposes Invoking 25th Amendment

Nebraska Congressman Don Bacon (NE-02) will vote against H. Res 21, or Calling on Vice President Mike Pence to convene and mobilize the principal officers to activate section 4 of the 25th Amendment, and offered the following statement:

“The intent of section 4 of the 25th Amendment is for the Vice President and the Cabinet to have a legal avenue to remove the President if he is unable to fulfill his duties; not for Congress to direct the removal of the President. Emotions are high right now, but we must not violate the guidance set forth in the constitution, the greatest governing document in the world.” 

This comes after the attack on the U.S. Capitol last Wednesday. The House of Representatives is expected to vote to impeach President Donald Trump now that Mike Pence has come out and said he will not invoke the 25th amendment - saying it would be bad for the country.

The House is expected to vote on impeachment on Wednesday - a few Republicans have broken rank to say that they will impeach the President, though no Republicans in the Senate have said they will vote to remove President Trump - who now only has a little more than a week left in his term.

An article from Politico says that even if Trump is no longer President - the Senate can hold a trial over his conduct as though he were still in office. A Senate Trial could bar Trump from running for office in 2024 and strip him of his post-presidential salary.


Congressman Bacon, along with Congressmen Jeff Fortenberry and Adrian Smith, has voted against impeaching the President.

Bacon's office released this statement:

Last week, as my staff and I remained in lockdown while a mob terrorized our nation’s Capitol, I became increasingly outraged and saddened that our great country was so devastatingly divided. Our Capitol was overrun with violence and it angered me deeply.

“While the President was wrong to not concede and bears much responsibility for what happened on January 6, he did commit last week to an orderly transition of power on January 20, which is less than a week away. As a veteran and Congressman, I took an oath to support and defend the Constitution. My votes against impeachment charges for the President, against using the 25th Amendment to force the President to leave, and acceptance of the electoral college vote all reflect that. 

“Section 4 of Article II of the Constitution states that a President shall be removed from office upon an impeachment conviction. Removal from office is a consequence of an impeachment conviction, and the President will already be out of office by the time the Senate takes up impeachment hearings. Further, this impeachment was done without a single hearing, which is not the due process we honor in our country. Finally, the decision by the Speaker to impeach a week prior to the inauguration will only exacerbate the divide we have and further inflame the passions. We need to put cold water on the fire, not more fuel. I supported a censure that would have had more bipartisan support and would have helped the Biden transition get a better start. Now, the Senate will have to focus on an impeachment on a President that has already left, and not be focused on the requirements of a new Administration.

“Now is the time to come together and heal our country as we begin a new session and welcome a new Administration into the White House. After months of political dysfunction, we need less hyper-partisanship and more civility.

(Photo by WOWT 6 News)

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