Skip to main content
Tags: andrew napolitano | 25th amendment | joe biden | removal

Judge Napolitano to Newsmax: 25th Amendment Won't Be Used to Oust Biden

By    |   Friday, 09 February 2024 11:01 AM EST

Former New Jersey Superior Court Judge Andrew Napolitano said on Newsmax that he doesn't believe the 25th Amendment of the U.S. Constitution will be used to remove President Joe Biden.

Napolitano made his comments Friday during an appearance on "Wake Up America."

A special counsel's report, released Thursday, on the investigation of Biden's possession of classified documents described the 81-year-old Democrat's memory as "hazy," "fuzzy," "faulty," "poor," and having "significant limitations." It noted that Biden could not recall defining milestones in his own life, according to The Associated Press.

Rep. Claudia Tenney, R-N.Y., on Thursday asked members of the Biden administration to "explore" Biden's removal under the 25th Amendment after a special counsel cleared him of wrongdoing but portrayed him as having memory problems, according to The Hill.

The 25th Amendment, ratified after the assassination of President John F. Kennedy, is a procedure for replacing the president in the event of death, removal, resignation, or incapacitation.

Commenting on the viability of using the 25th amendment to oust Biden, Napolitano said: "My view is that won't happen. But I understand the calls for it. The calls for it are absolutely appropriate at this time in light of what the Department of Justice said yesterday."

Andrew Napolitano said such a move would have to be sparked by Vice President Kamala Harris and supported by a majority of the 15 members of Biden's cabinet. Harris would become the acting president.

But Napolitano said he doesn't expect that to happen.

"She's not going to do it for political reasons," he said. "But if she does do it and he is taken away from the presidency temporarily, he can sign a statement saying; 'I'm fine. I want the power back.' It immediately comes back to him.

"If the cabinet persists and says no, you're not fine, then it goes to Congress and would take a two-thirds vote of both the House and the Senate to remove him."

Meanwhile, Napolitano expects a unanimous decision by the Supreme Court to keep former President Donald Trump on the Colorado ballot.

"When the argument first began, I thought it was going to be 6 to 3 to reverse Colorado, Napolitano said. "I now think it's going to be 9 to nothing. The court is going to find an intellectually sound, non-political, very, very narrow way to say the voters will decide who the next president is going to be.

"John Roberts, the chief justice — you may like him, you may not like him — is a master at crafting a compromise that all justices can agree on."


NEWSMAX is the fastest-growing cable news channel in America!

  • Find Newsmax channel in your home via cable and satellite systems – More Info Here
  • Watch Newsmax+ on your home TV app or smartphone and watch it anywhere! Try it for FREE -- See More Here:

Jeffrey Rodack

Jeffrey Rodack, who has nearly a half century in news as a senior editor and city editor for national and local publications, has covered politics for Newsmax for nearly seven years.

© 2024 Newsmax. All rights reserved.

Former New Jersey Superior Court Judge Andrew Napolitano said on Newsmax that he doesn't believe the 25th Amendment of the U.S. Constitution will be used to remove President Joe Biden.
andrew napolitano, 25th amendment, joe biden, removal
Friday, 09 February 2024 11:01 AM
Newsmax Media, Inc.

Sign up for Newsmax’s Daily Newsletter

Receive breaking news and original analysis - sent right to your inbox.

(Optional for Local News)
Privacy: We never share your email address.
Join the Newsmax Community
Read and Post Comments
Please review Community Guidelines before posting a comment.

Interest-Based Advertising | Do not sell or share my personal information

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

America's News Page
© Newsmax Media, Inc.
All Rights Reserved
Download the NewsmaxTV App
Get the NewsmaxTV App for iOS Get the NewsmaxTV App for Android Scan QR code to get the NewsmaxTV App
America's News Page
© Newsmax Media, Inc.
All Rights Reserved