Pelosi says Trump 'shows the need' for new commission to determine president's fitness for office

House Speaker Nancy Pelosi said Friday that President Trump "shows the need" for Congress to create a bipartisan commission to determine his mental and physical capacity for office and establish a formal process for the transfer of power.

“This is not about President Trump. He will face the judgement of the voters. He shows the need for us to create a process for future presidents," she said during a news conference. "This sets up a formula. It's not for any of us to decide that – it's about a process to decide it."

The new bill, introduced by Rep. Jamie Raskin, titled the Commission on Presidential Capacity to Discharge the Powers and Duties of Office Act, outlines the "process called for in the 25th Amendment to the U.S. Constitution to enable Congress to help ensure effective and uninterrupted leadership in the highest office in the Executive Branch of government."

Pelosi said the legislation, if it became law, would take effect starting with whoever is president in 2021, Trump or Democratic candidate Joe Biden. Pelosi was questioned about the timing of the election, given that the presidential election takes place in less than one month.

"It's not about the election at all," she said. "We could have done this a while back, but the timing is for now because people want to know. We have to give some comfort to people that there is a way to do this, very respectful of not making a judgment on the basis on a comment or behavior that we don't like but based on a medical decision, again, with the full involvement of the vice president of the United States."

Raskin said a commission to determine a process for the transfer of power when a president is "unable" to carry out the duties of the office due to a physical or mental issue should already be in place.

"We do need to do this, certainly in the next Congress," Raskin said at the news conference with Pelosi. "The framers of the 25th Amendment knew that you could not always count on the cabinet to act so Congress has a role to play and that role must be totally bicameral."

Raskin said the bipartisan commission would have 17 members, including medical experts, high-ranking government officials and former U.S. presidents.

Pelosi said the bill also formally allows Congress to vote on the new vice president if the current vice president takes over for an incapacitated president.

"This is a comfort to people – that it's not about who is in power saying, 'I don't like the way he or she is acting.' It's about a process that is bipartisan based in the Constitution, giving Congress the power to do this which Congress hasn't done," she said.

On Thursday, Pelosi said House Democrats were planning to discuss the 25th Amendment on Friday but didn't elaborate on details. She said Trump, who last week tested positive for the coronavirus, should reveal when his last negative COVID-19 test occurred. 

“I think that the public needs to know the health condition of the president," Pelosi said. "Before he got the virus and admitted to it, when was his last negative test?"

Pelosi said knowing when the president's last negative test was will help to "make a judgement about the actions that were taken after that."