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Blackburn apologized for being late.
Hernandez gave her an update on Clarke’s condition, then asked for her counsel.
“First and foremost, you have got to go public,” the AG began. “If this leaks, combined with the white-hot anger on Capitol Hill over the Libyan thing, the administration is going to be crucified.”
“We can’t go public without a game plan,” Hernandez said. “The medical details, as painful as they are, are the easy part. But the press is going to demand to know who’s running the country and whether Clarke is still the commander in chief. What am I supposed to tell them?”
“Sir, we all wish the president a full and speedy recovery,” Blackburn replied. “Hopefully he’s back on the job in a few days, even if not at full strength. Maybe that takes a couple days more. Maybe a couple weeks more. I don’t know. I have no doubt Dr. Lenkowski will walk us through all that soon. The challenge we face is that the president is not simply operating at less than full capacity. At the moment, he’s still unconscious. Under heavy medication. Possibly in need of some major medical procedures over the next twelve to twenty-four hours. All of which means he is not capable of executing the duties of the office.”
At this, Secretary Foster spoke up. “For the moment, Vice President Hernandez is in charge, right? I mean, we’re not in a military emergency. We’re not at war. We’re not dropping bombs on anyone. Otherwise, I’d be in charge in the president’s absence, but since that’s not precisely the case, the VP takes point, correct?”
“Well, that’s where things get murky,” Blackburn replied. “Typically, when a president is undergoing a medical procedure of some kind involving anesthesia, he writes a letter in compliance with section three of the Twenty-Fifth Amendment, temporarily relinquishing his authority. Can we put up section three on the screen?”
An aide put up a PowerPoint slide as Blackburn put on her reading glasses and walked them through the text.
SECTION 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.
“We’ve all seen this happen a handful of times over the years,” Blackburn said, removing her glasses. “But that’s not what we’re dealing with here. This isn’t a planned procedure. There is no letter. Which brings us to Section Four.”
SECTION 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.
“Now, to be clear, this provision of the Twenty-Fifth Amendment has never been activated since it was first passed by Congress and ratified by the States on February 10, 1967,” Blackburn explained. “But I cannot see another way. We have to activate Section Four immediately.”
Foster spoke again. “I don’t know, Catherine,” the SecDef said. “To many at home and abroad, that’s going to smack of a coup d’état. Okay, so the president is ill. He’s out of commission for a few days. But he’s going to bounce back, right? Until he does, the VP runs the show.”
“I hear you, Cal, but following the Constitution, by definition, is not a coup. It’s not improper. It’s certainly not illegal. The Constitution prescribes the exact remedy for a situation like this. To be sure, Section Four is a temporary measure. Once the president regains his faculties, then he can submit a letter to Congress stating that he’s well enough to perform his duties, and that’s it. The VP would no longer be in charge.”
Secretary Whitney was shaking her head. “I’m sorry, Catherine, but I have to agree with Cal on this,” she explained. “There’s got to be another way. We’re already heading into uncharted waters here. We’re already in an emergency fraught with global uncertainty. And frankly, you’re talking about an unprecedented constitutional action that’s going to severely rattle the nation, spook the markets, unnerve our allies, and potentially embolden our enemies.”
Yet Blackburn was adamant. “Madame Secretary, there is no other way. This is what the Constitution requires. You’ve all sworn an oath to uphold the Constitution. You can explain it to the nation and to the world. But you cannot ignore it.”