Fox News: Biden administration hit with FOIA suit seeking 25th Amendment-related comms

[riky]

Biden administration hit with FOIA suit seeking 25th Amendment-related comms

The conservative Heritage Foundation think tank has filed a FOIA suit seeking any communications that exist pertaining to Biden DOJ legal advice concerning use of the 25th Amendment.......                    ...                        ...A conservative think tank and its public-policy oversight arm filed a Freedom of Information Act (FOIA) suit against the Biden administration seeking any records relating to advice the Justice Department's Office of Legal Counsel (OLC) may have offered in regard to the 25th Amendment.......Heritage Foundation Oversight Project attorney Kyle Brosnan characterized the OLC as the equivalent of a White House "law firm" that provides legal advice to the executive branch and its officers, adding the timeline for any responsive documents is June 1 to the present day.......Under Section 4 of the 25th Amendment, a majority of the "principal officers" of the Cabinet would transmit to the Senate president pro tem – currently Sen. Patty Murray, D-Wash. – a declaration that the sitting president can no longer perform his duties. You are not allowed to view links. Register or Login "acting president." The amendment was ratified following the Kennedy assassination.......In the past, temporary cases have arisen, such as President George W. Bush providing You are not allowed to view links. Register or Login that Vice President Dick Cheney would assume his powers while he underwent a medical procedure.......You are not allowed to view links. Register or Login......In that regard, prior to filing the suit, Brosnan said the Heritage Foundation made a media request through its press arm, the Daily Signal, to the offices of each of the Cabinet secretaries, and then followed up with FOIA requests with each for such communications.......Oversight Project President Mike Howell noted that one Cabinet agency provided an email response that appeared to show the "You are not allowed to view links. Register or Login the comms" on the matter, in his words. ......In a Wednesday interview with the two attorneys, Howell added that concerns about President Biden's ability to perform his duties are not new, and the media have particularly recently appeared to make such a case, and that discussions in the media and elsewhere spurred the Oversight Project to use legal means to find out whether any such communications exist......."We don't have to You are not allowed to view links. Register or Login for it," he said, referring to how the longtime Democrat and actor publicly stated following the CNN debate that Biden showed signs of decline at a prior fundraiser.......He further pointed to You are not allowed to view links. Register or Login in a recent Cabinet meeting, which was met with some public backlash.......Howell said Congress has largely shirked its duty to provide oversight when it comes to the question, "Who is really running our country?"......You are not allowed to view links. Register or Login ......"The media clearly decided it can't be Kamala Harris, who would be the constitutional successor or somebody else other than Harris/Biden. Right now, an unelected person is, most likely performing the duties of the president with Biden [conducting] ceremonial duties only when his physical state allows. And so Congress controls the timeline," he said.......Another reason You are not allowed to view links. Register or Login at present is that there is a very real chance that former President Trump could have been put in a coma or killed by recent attempted assassins, Howell said.......He predicted the trend could continue if Trump were elected, given the heated political rhetoric in some corners on the left.......You are not allowed to view links. Register or Login......However, positing that Democrats have been loath to even consider utilizing the amendment under the current presidency, it gives Trump and Republicans room to excuse a future Trump presidency from being held to a higher standard when it comes to cognition or ability to perform duties......."Any of those [assassination attempts] are one day likely to partially... The left has no leg to stand on to say the 25th Amendment needs to be invoked."......Fox News Digital has reached out to the Justice Department and the White House for comment on the lawsuit....

Source: You are not allowed to view links. Register or Login