The following is an edited transcript of Ben Shapiro’s latest episode of “Facts: What Happens If Biden Resigns?“
Joe Biden stepping down from the Democratic nomination but remaining president is the worst case scenario for the Democrats politically. This decision leaves the next nominee carrying Biden’s baggage without ever assuming the power of the presidency.
How exactly can that happen?
First, there is no real mechanism to have forced Joe Biden off the ticket if he didn’t want to go. The so-called fateful delegate rule was put in place by the Democratic National Committee in 1980 to prevent delegates pledged to then-President Jimmy Carter from defecting to Senator Ted Kennedy. Current Democratic National Committee language says, “Delegates elected to the national convention pledged to a presidential candidate shall in all good conscience reflect the sentiments of those who elected them.” Theoretically, that could be interpreted to allow delegates to abandon Biden, but now, that is not necessary.
Since, however, Biden has withdrawn his candidacy before the DNC, the delegates pledged to him are now free to support another candidate. He can recommend his delegates follow Kamala Harris, but they’re not bound to his wishes. They don’t have to do what he wants them to do.
The DNC rules allow for a conscience clause where delegates can vote their conscience if a nominee steps down. Since the delegates are free, intense lobbying and campaigning will follow. It has established rules for such scenarios. With Biden stepping down as presumptive nominee after securing the nomination but before the election, the DNC will convene and select a new nominee.
That process will involve consultation with Democratic governors, congressional leaders, and party officials to ensure a smooth transition. But it could lead to significant internal conflicts within the Democratic Party, going all the way to the convention in Chicago, ironically. Debates will arise whether Vice President Harris should be the nominee or if other candidates should be considered.
The Democratic Party will also need to manage the optics of Biden stepping down as nominee, which will most likely lead to disarray and could weaken voter confidence in the Democrats generally. Historic incidents, such as when Hubert Humphrey became the Democratic nominee in 1968 after Lyndon Baines Johnson decided not to run, show how critical the party’s handling of such transitions can be.
WATCH: Ben Shapiro’s “Facts: What Happens If Biden Resigns?” on DailyWire+
The new nominee will face the challenge of quickly building a campaign, fundraising, and establishing a platform which could put them at a disadvantage considering that there’s not a lot of time left before the election. Kamala Harris does have an advantage since she will presumably use the same campaign infrastructure as the Biden Harris campaign. Legally, she can do that. Ensuring a smooth and transparent transition would be crucial to maintaining voter confidence for the Democrats as well.
The political dynamics within the party will be really, really complex. This truncated campaign period between now and the convention will require rapid mobilization and strategic planning to unify the party and appeal to the broader electorate. The nominee’s ability to quickly establish something that resembles at least a clear and compelling vision will be important. This would involve not only addressing current issues, but also articulating a forward looking agenda that voters actually care about.
Good luck with that, Democrats. The current Democratic possibilities have relatively low name recognition other than Kamala Harris — and people don’t like Kamala Harris. In fact, Harris has bad poll numbers. That’s one of the main reasons Democrats have been so hesitant to try to force Biden out.
Biden stepping down not only from the nomination, but also from the presidency, has always been a less likely scenario because Biden seems unlikely to give up the power, which is what we are seeing now. However, it is still a possibility, especially because it’s really difficult to make the case that Biden isn’t well enough to be the nominee, but he’s still well enough to be the most powerful person on the planet.
According to the Presidential Succession Act and the 25th Amendment, if Biden resigns the office of the presidency, then Vice President Harris immediately assumes the presidency. The process is clear cut and has historical precedents. When Richard Nixon resigned in 1974 amidst Watergate, for example, Vice President Gerald Ford became president. They nominated Nelson Rockefeller as his vice president and Rockefeller was confirmed by Congress.
The transition is straightforward from a constitutional perspective as well. The 25th Amendment ensures a smooth transfer of power preventing any potential vacuum in leadership. Newly assumed President Harris would nominate a vice president, who would have to be confirmed by a majority vote in both the House and the Senate. That process is designed to ensure continuity and stability in the executive branch.
Furthermore, the 25th Amendment provides a mechanism for dealing with presidential disabilities. If it were confirmed Biden stepped down due to health reasons, this amendment ensures Harris can assume the duties of the presidency seamlessly. This aspect of the amendment was added after the assassination of JFK to address potential gaps in leadership continuity.
WATCH: Ben Shapiro’s three part series: “Scamala: Kamala Harris Unmasked” on DailyWire+
Politically, Harris transitioning to the presidency would shift the dynamics within the Democratic Party and the broader political landscape. Her policy priorities and leadership style differ from Biden’s. It would more likely lead to changes in administrative focus. Public reaction would vary. A lot of people would, of course, celebrate the historic first female president. Others could react with skepticism based on the fact that, again, she has an incredibly low approval rating of 38%.
Historical context, like LBJ’s assumption of the presidency after JFK’s assassination in 1963, shows really mixed reactions to sudden changes in leadership. Johnson’s leadership during a turbulent time does provide a blueprint for how Harris might navigate the initial phase of her presidency.
Harris would also face the challenge of building her credibility as the new president. Obviously, she has significant shortcomings: her inability in the past to manage crises, implement policies, and maintain bipartisan cooperation. She, again, has real problems as a politician.
Harris would then, of course, become the presumptive Democratic nominee because it’s one thing to toss away the vice president, but it’s another thing to toss away the president. That would influence voter perception and party strategy. Historical precedents such as when President Ford took over from Nixon in the later facing election challenge from Jimmy Carter show that new presidents can face immediate and significant electoral hurdles, although that election ended up very close and Gerald Ford almost won.
We’ll have to hold on to the lap bar and see where this rollercoaster takes us.
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