Q: If the IA has been/will be invoked, does that remove the invocation of the 25th Amendment as an option from Pence and the Cabinet?
A: The real answer depends on who controls the most power within the military initially and with the voters ultimately. That's right, it boils down to WHO has the most power. President Donald J. Trump or the Democrats.
And the Democrats are DESPERATE to take any powers that President Donald J. Trump has at his command away from him by impeachment, 25th Amendment, hook or crook. THEY ARE SCARED OF PRESIDENT DONALD J. TRUMP.
The Pentagon has already clearly stated that they WILL NOT support a 25th Amendment coup. This places the military FIRMLY under President Donald J. Trump's control...for now, and most likely permanently.
If you study the military's oaths of office for the enlisted and the officers you'll find that the enlisted are SWORN to follow the Commander in Chief's orders while the officers DO NOT swear the same and can ignore the Commander in Chief... to a point.
ENLISTED: I, (NAME), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.
OFFICER: I, [name], do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God
A major or a captain and their lieutenants standing in front of a company typically consisting of 80-250 ARMED oath keeping soldiers are generally loathe to disobey any legitimate orders of a Commander in Chief. There have been a number of officers though who have crossed the line and died from "accidental" friendly fire. The relationship between officers and their men is a TWO-way affair that is rarely influenced by politics, despite politicians', other than the Commander in Chief's, beliefs that they have any measure of control. Our military DOES NOT answer to a board of directors. There is ONLY ONE civilian in control of the military, and that's President Donald J. Trump right now,...TODAY! Still your President.
"We the People" have already demonstrated our resolve and determination with a showing of HUNDREDS OF THOUSANDS in Washington, DC. And despite what MSM reports I can assure you that the Senate and House legislators are SCARED. They have been shown that they can expect no reasonable measure of isolation or protection from their constituents whether they are in an airport, a restaurant, or legislative chamber. They WILL answer to ALL the people. Not just a select few.
Do not think for one minute that our soldiers will throw in with CHEATERS and serve an impostor president regardless of what Democrats order. Such occurrences are simply not commensurate to military ideology and doctrine imbued into our soldiers during their training and throughout their careers.
And finally, the VOTERS are the ultimate driving force as they are the ones who influence their sons and daughters who serve in the military and are also the ones who will not tolerate a president in office who got there by cheating. It just simply can not, and will not, stand.
The most basic standard, "Probable Cause" (a fair probability that a crime has been, or will be committed), has been clearly met and the elements of several election fraud crimes have been clearly unarguably delineated without error in several states. And as such, it's time for several warrants/orders for arrest/indictments to be sought, judicially approved, and served. In fact, far past time.
Can you honestly believe that our country, a country built as a Constitutional Republic, and on the rule of law, will lay back and allow this miscarriage of justice to continue?
If you really think that this will be allowed to stand by "We the People", especially after the release of all the PROOF of cheating then you simply have not been paying attention. There will be increasing turmoil and strife because, to borrow a slogan, No Trump, NO PEACE!
No. The 25th amendment is part of the constitution, the Insurrection Act is not. Now where this does get interesting is that Congress can define which officers have 25th amendment powers.
Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide
Note the word "and" after the word "President". This means that the Vice President AND blah, blah, blah "or" blah, blah, blah, BOTH have to agree and act. VP Pence has already made clear that he will not invoke the 25th Amendment. Without the VP's participation, any invocation of the 25th Amendment fails,...period.