GOP congressman calls on Harris to 'immediately' invoke 25th Amendment over Biden's 'declining health'

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Rep. Byron Daniels weighs in on 25th Amendment

Rep. Byron Daniels told Fox News Sunday that if a resolution on the 25th Amendment hits the floor, he would vote for it, 100%.

FIRST ON FOX – Republican Tennessee Rep. Andy Ogles sent a letter to Vice President Kamala Harris urging her to invoke the 25th Amendment amid mounting concerns surrounding President Biden's "declining health," Fox News Digital exclusively learned. 

"Whether you were aware of Mr. Biden’s declining health throughout his tenure, the implications of allowing him to remain in his current capacity are extraordinary. Barring Mr. Biden’s own willingness to resign, we urge you to immediately invoke the 25th Amendment and force the issue," the letter sent Tuesday to Harris reads. 

"We are in an unprecedented era in American history – at the behest of senior members of his own party, President Biden presumably approved the release of a statement this past Sunday removing himself from November’s presidential contest. The Democrat-led pressure campaign to remove President Biden as the party’s standard bearer, while highlighting the Left’s own dubious commitment to democracy, has left the United States with a powerless, lame duck Commander-in-Chief for the next six months," Ogles continued in the letter. 

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Rep. Andy Ogles leaves the U.S. Capitol after the last votes of the week on April 20, 2023. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

The U.S. Constitution’s 25th Amendment states that "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." 

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The letter comes after Biden bowed out of the presidential race on Sunday afternoon, announcing the bombshell decision in a letter posted to X. Biden was self-isolating in Delaware due to a COVID-19 diagnosis when he ended his re-election campaign, and is expected to return to the White House on Tuesday. 

Ogles told Fox News Digital that Biden exited the race "because he isn’t up for the job of president, and everyone in America knows it." 

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"I’ve said for over a year that Biden’s ever-declining health has rendered him incapable of leading the nation. With his recent reclusion following a supposed COVID diagnosis, it is now more apparent than ever that he must resign or be forced out. Since Biden has made it clear he will not resign, it is imperative that Vice President Harris move forward with invoking the provisions of the 25th Amendment to remove him forcibly. The safety and well-being of the American people and our nation depend upon it," Ogles continued. 

Rep. Andy Ogles told Fox News Digital that Biden exited the race "because he isn’t up for the job of president, and everyone in America knows it."  (Getty Images)

For years, Biden’s health has been of concern to conservatives, including former White House doctor Ronny Jackson, before the concerns snowballed following Biden’s disastrous debate against former President Trump last month. The debate performance opened the floodgates to legacy media outlets and Democratic allies calling on Biden to drop out over concerns surrounding his mental fitness and age as he prepared for an election rematch against Trump. 

Ahead of Biden dropping out of the election, the president and his administration hit back that Biden’s mental fitness is sound and that he does not have dementia, Parkinson’s or other concerning diseases. Harris' office told Fox News Digital Tuesday morning that she believes Biden is currently capable of serving as president. 

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President Biden and Vice President Harris (Getty Images)

Biden's mental acuity first came under the national spotlight in 2024 when former Special Counsel Robert Hur in February published his report investigating the president's handling of classified documents after his departure as vice president in the Obama administration. 

The report stated Hur would not recommend criminal charges against Biden for possessing classified materials, calling the president "a sympathetic, well-meaning, elderly man with a poor memory."

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President Biden salutes while arriving during an event at the White House on Nov. 27, 2023. (Michael Reynolds/EPA/Bloomberg via Getty Images)

His mental fitness again came under scrutiny when the Wall Street Journal published a piece earlier this year based on dozens of interviews with lawmakers and administration officials who characterized Biden as losing his mental edge and showing his age in meetings. The White House slammed the article as a partisan hit piece. 

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Following Biden dropping out of the race, the president endorsed Harris as the Democratic Party's nominee. (Win McNamee/Getty Images)

The Republican lawmaker continued in the letter that "our nation still faces malign actors with global ambitions," and despite divisions "tearing apart the Democrat Party," it could benefit U.S. enemies "to act during an extended lame duck period." 

"This Administration’s responsibility in augmenting each of these developments notwithstanding, maintaining Joe Biden as the nation’s President could further diminish our ability to respond to pacing threats. He is ill-equipped to handle the challenges of the modern Presidency, and if he is unable or unwilling to resign, we urge you to act now," it concluded.

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Following Biden dropping out of the race, which the White House said was not related to his health, the president endorsed Harris as the Democratic Party's nominee.