One of the more brilliant and original ideas in our Constitution can be found in Article II Section 1 which deals with the very practical problem of what to do if a President can no longer serve:
In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President … until the disability be removed, or a President elected.
The key phrase here is what exactly did the Founders mean when they wrote “the same shall devolve on the Vice President…?” It appears that the phrase modifies “powers and duties” which would mean that the Vice President would not actually be “President” but rather exercise the duties of the office alone. In fact, we know from the Federalist Papers that some of the delegates to the Constitutional convention felt that if a President died or was impeached, that the Vice President should act as a “caretaker” for the office until new elections could be held.
The first test for the Presidential succession clause occurred in 1841 following the death of William Henry Harrison. Harrison’s inauguration speech was given on a windy, snowy, cold day and the vain former Indian fighter declined to wear a topcoat. He caught pneumonia and died on March 4th - exactly a month after he was sworn in as President.
His Vice President, John Tyler, was sitting on the floor in the living room of his Virginia home playing with his son when the news reached him. What followed was one of the more interesting interludes in American history.
While the Constitution may have been vague on exactly what the meaning of Article II Section 1 said about succession, Tyler took it upon himself to define it. Rather than accept the idea that he would remain Vice President and exercise the “powers and duties” of the President he pointed to Article I Section 2 which states:
The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided.
The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the office of President of the United States.
Tyler took that to mean that he was now President. A fierce debate broke out among his advisors about what exactly he should do next. Since the Constitution was silent about how exactly the Vice President should go about taking over, there was no precedent to follow. For two days, Tyler was pulled in several different directions. Should he call himself “Acting President” as some in Congress were urging? Should he call for a new election?
In the end, Tyler felt his best option was to assume the office of President by taking the oath “for greater caution.” This despite the fact that he had taken the very same oath 31 days previously - as if his loyalty to the Constitution may have been questioned?
But what Tyler wanted was the symbolism that the oath represented. And so despite the fact that nowhere in the Constitution is there a requirement for the Vice President to take another oath upon ascending to the Presidency, the precedent Tyler started has endured to this day.
The fact is that the moment a President dies or is unable to perform his duties, the Vice President becomes President. We saw this last night with Vice President Daniels assuming the office of the Presidency upon the incapacitation of President Palmer. So why didn’t he take the oath?
Following the assassination of John Kennedy (where in the immediate aftermath of the shooting frantic TV newsmen were informing the nation that the US had no President because Johnson hadn’t taken the oath yet - clearly wrong and causing unnecessary worry) Congress passed and the states ratified the 25th amendment to the Constitution. It was felt in a nuclear age, there must be no question whatsoever about when the Vice President succeeds to the Presidency. The amendment contains a Disability Clause that allows the Vice President to exercise the duties of the President in limited circumstances:
The 25th Amendment provides two remedies when a president is disabled. 1. The president of his own volition may turn over the power of his office to the vice president. 2. The vice president, with the assent of a majority of the leading members of the cabinet, may make himself acting president on a temporary basis.
Clearly, Vice President Daniels took over as “Acting President” when the cabinet informed him that the President was incapacitated. An interesting question will be what happens when Wayne Palmer wakes up? Would the action of the cabinet be voided? Would Palmer have to sign a letter stipulating that the Vice President could continue acting as President while he recovered? Or, more predictability within the context of the show’s plot, would the President reclaim the mantle of authority and kick the Veep out?
Don’t expect a deep constitutional debate over what happens on the show but this theoretical problem might want to be examined by legal experts and scholars to make sure that if such an unlikely scenario ever did emerge, there would be some learned opinions on what to do.
SUMMARY
The explosion in the press room severely injured the President and did, in fact, kill Assad. As the President is rushed into surgery, Jack leaves Logan’s ranch, telling Jellyfish that he is still a federal prisoner and that he will stick to him like glue to make sure he doesn’t escape.
Logan has grown a beard but the facial hair can’t hide the fact that he is still a lying weasel. What his end game could be is still a mystery but if you believe that he is really seeking redemption, I have a bridge in Brooklyn that I can let you have for a song. Logan waxes about leaving captivity for the first time in a long time and tries to engage Jack in a soulful conversation about being confined, talking about how being so alone allows you to listen to your “inner voice.” Bauer’s “inner voice” is probably telling him to strangle the insipid SOB but instead, he simply tells him to shut up.
While on their way to the embassy to meet with Markov, Bill calls Jack with the bad news about the assassination attempt. Was it my imagination or did Jellyfish take the news just a little too complacently - as if he may have had an inkling of the plot? He knows Gredenko and he was being ordered around by Graem Bauer all of last year. Graem knew Fayed so is it possible that Logan is somehow privy to the details of the plot? Might he use this information to barter his freedom?
At the cabinet meeting, Vice President Daniels joins the group via a teleconference from his plane. The Doctor gives the grim update on Palmer’s condition. Accordingly, the Secretary of Defense informs Daniels that the cabinet voted to make him acting President. Accepting the news with no hesitation (is he or isn’t he involved?), Daniels orders the Secretary of Defense to have Tom Lennox brief him when he lands.
This gives Reed a major league headache. For when the Secretary confronts him about Tom’s absence, he has no good answers. And when he overhears the Secretary ordering the Secret Service to begin an intensive search for the missing Chief of Staff, he realizes the jig is up and something must be done with Lennox before he is found bound and gagged in the boiler room.
Making his way back to where Lennox is being held, Reed confronts Carson with the news of the search. Carson wants to off Lennox right there and make it look like a suicide. Reed will have none of that. Evidently, killing the President is fine but whacking the Chief of Staff would make them “murderers.” With that kind of reasoning, it’s no wonder Reed works for the government.
Reed, however, is a more attractive criminal than Carson. He is a true believer. He has actually been able to justify killing the President on the grounds that no doing so would destroy the country. And there’s no denying his loyalty to his boss Lennox. He tells Carson that he will have to kill him too if he wants to kill Lennox. Instead, Reed tries once again to enlist Tom in the plot in order to keep his mouth shut. He tells him that Daniels will almost certainly implement his plan for The Great American Muslim Roundup while also telling him that no one will believe him if he tells anyway.
Tom seems convinced and Reed cuts him loose. As they are exiting the basement, Carson, Reed, and Lennox run into the Secret Service. Immediately, Tom shows his true colors and not only has Carson and Reed placed under arrest, but also delivers himself into custody.
After landing, Daniels calls Bill asking about the deal with Logan. Bill tells him that they had little choice given the fact that Gredenko’s trail had gone cold and that the Russian CG Markov appeared to be the only tangible lead. Daniels learns that Jack Bauer is riding herd on Logan and demands that Logan be returned to house arrest once his usefulness is at an end.
Pulling up to the consulate, Logan convinces Jack that he should see Markov alone. It was at this point that I almost thought that Logan would ask for asylum and cross everybody up. But I was mistaken as Logan made his way into Markov’s office for his little chat. Jack had to cool his heels in the corridor outside of Markov’s office.
If two guys ever deserved each other, it’s Logan and Markov. Slime vs. Sludge with the winner getting first dibs at the local toxic waste dump. Both guys are so oily that you almost expected a west Texas wildcatter to show up in the room and start drilling.
Markov fends off questions about Gredenko, saying he hadn’t seen or talked to him in a year. But Logan has an ace up is sleeve; he tells the Russian that he taped all those conversations they had about his facilitating the sale of nerve gas to Russian terrorists last year. Markov seems shocked at the news, although given Logan’s character, one wonders why he should be.
Still not revealing anything about Gredenko, the meeting concludes amicably enough with the Russian not very happy at all. On their way out the door, Logan tells Jack that he’s sure Markov is lying about his knowledge of where Gredenko is. How? Logan tells Jack that being an expert liar himself, he can tell when others are fibbing. A pretty lame explanation but Jack buys it.
Sure enough, Logan is barely out the door when Markov calls Gredenko and tells him that the Americans know he is involved but are guessing about everything else. He urges him to hurry his preparations to deliver the bombs using the drones.
Meanwhile, Jack has a scathingly brilliant idea. Since his violation of the Chinese consulate worked out so well last year, only landing him in a Chinese prison for 16 months, why not infiltrate another consulate and go for an even longer prison term? Jack calls Chloe and tells her to work “off the books” on turning power to the consulate off long enough that he can sneak into the CG’s office and have a chat with Mr. Markov.
Back at the bunker, Daniels learns of the plot involving Reed and Carson as well as Tom remanding himself into custody. He goes to see Lennox who is having a tough time convincing the Secret Service that he wasn’t in on the plot in the first place and only turned on his confederates when he had second thoughts (which may or may not be accurate since, as the Secret Service interrogator pointed out, he handed Reed the President’s top secret itinerary which assisted the assassins).
Daniels doesn’t quite know what to think about Tom but he still needs him if only to ram his draconian national security plan through the cabinet. The Veep also won’t listen to Lennox when he tries to absolve Assad of responsibility in the bombing. Even if true, he will use the pretext to help convince the nation that rounding up innocent women and children and sending them off to concentration camps is in the national interest. In exchange for not arresting him, Daniels orders Tom to keep his mouth shut about Assad’s innocence.
So after bravely giving up Reed and Carson knowing it would cast himself in a bad light, Tom wimps out and agrees to keep his mouth shut just to stay out of prison. Hero or villain? The jury is still out on Tom Lennox.
Jack has made his way to the back of the Russian Consulate. Upon being discovered by a clueless Russian security guy who thinks Jack is “guarding the back of the building,” we discover that Bauer can actually speak Russian - unintelligible, very bad Russian that wouldn’t fool an Russian infant but works fine for American TV. Besides, he’s Jack Bauer. Reason enough for the security guard to believe him.
Cuing Chloe to dim the electricity, Jack makes his way into the embassy. The power loss has the Russians scrambling - and suspicious. As Jack hits Markov’s office, the power comes back on and the CG hits the panic button. Jack slams him back into his chair and informs the guards outside the locked door that he has a gun on their boss and that they better back off.
What a revoltin’ development. The only way out is through the door he came in that now has a dozen Russian FSB agents with itchy trigger fingers on the other side. Jack does the only thing he can do; he calls Bill.
Bill doesn’t seem overly surprised at Jack going rogue on him. He is apparently used to it by now. Jack asks Bill to tell the White House what’s going on so they don’t get blindsided when the Russians hit the roof. Bill politely suggests that Jack cut his losses and find a way out but Jack stubbornly insists that he will stay and get the information they need on Gredenko from Markov.
Turning his attention back to the thoroughly frightened CG, Jack starts the interrogation in his usual way:
JACK: I’m going to ask you nice only once. Where is Gredenko.”
Never let it be said that Jack is nothing, if not nice, even to terrorists and their allies - at least “once.” After that, it’s best that you not share the same room with him.
At the bunker, Daniels gets the bad news from Bill about what Jack is up to. He’s mad but also understanding, telling Bill to light a fire under Jack because he doesn’t know how long he can hold the Russians off. Sure enough, his aide Lisa breaks in to tell him the Russian President is on the phone. Their conversation doesn’t accomplish anything. Suvarov tells Daniels to take his accusations about Markov and Grendenko “through regular diplomatic channels” while Daniels coolly informs the Russian President that Gredenko (and by extension the Russian government) will be held responsible if another nuke goes off. Stalemate.
Jack starts using Markov’s face as a punching bag, firing questions at him about Gredenko. Markov says he hasn’t seen the former General since he came to the United States. Anyone who has ever watched Law and Order caught the significance of that comment immediately; Jack never said anything about Gredenko being in the United States.
Convinced now that Markov knows where Gredenko is hiding, Jack ponders his next move. What will it be? The old “Lamp Cord Electric Shock Therapy?” Perhaps the equally tried and true “Dislocating Fingers One-at-a-Time Trick?” Instead, Jack, ever creative, uses the tools at his disposal. He finds Markov’s cigar cutter and decides to put it to good use - on the Russian’s fingers.
It only takes one finger before Markov is singing like a canary. We discover that Gredenko is somewhere in the Mojave Desert. And Jack goes slack jawed when he hears that Gredenko will use the pilotless drones to deliver the nukes. Giving Markov a goodbye punch, Jack starts for the door.
What did he expect? That the Russians would part like the Red Sea for Moses and just let him waltz out of there? Whatever he was thinking, the Russians blow the door and capture him easily. Markov gets a taste of revenge by giving a blow to Jack’s solar plexus that has the agent gasping for breath.
At the bunker, Daniels goes on TV and after informing the public of the shocking news regarding the attempt on the President, he gives out the lie of Assad’s involvement and piously uses it as an excuse to tear up the Constitution. Saying that “some” civil liberties would have to be suspended, “This is the price of war,” we are told.
Is it? Dire circumstances require drastic action. But as these measures unfold, I think the writers will make it clear that most if not all of the steps taken are unnecessary and over the top. If the goal is to stop the nukes from going off, Daniels will be hard pressed to prove that his draconian plan will have any practical benefits toward finding them before that happens.
Back at CTU, the gang is worried that they haven’t heard from Jack. Morris proves he’s fully back in the saddle by pulling a remarkable bit of geek magic from up his sleeve by semi-hacking a computer at the consulate and discovering that Jack has, in fact, been captured. Nadia tells Bill who refuses to inform Daniels. Instead, he orders CTU TAC to make plans to storm the consulate and save Jack.
At the consulate, Jack goes to work on the Russian guarding him, telling him about the Markov-Gredenko connection and that unless his information is given to CTU, those nukes would be used. Somewhat torn but realizing the stakes, the Russian guard makes his way to a private room and dials the number to CTU asking for Bill Buchanan. Before Bill can come on the line, the main FSB agent Vasili shoots the guard in the back of the head and breaks the connection to CTU.
Probably just as well. Bill would probably have left Jack to rot in a Russian jail if he had been told what Bauer learned from Markov. As it is now, Bill will probably have to send his TAC team into action in order to save Jack and stop the plot from reaching fruition.
BODY COUNT
The Grim Reaper was out sick but it was finally confirmed that Assad did indeed die in the blast.
JACK: 8
SHOW: 371