House calls on Pence to invoke 25th Amendment, but he's already dismissed the idea

Washington Representative Jamie Herrera Beutler announced Tuesday night that she will vote to impeach President Trump for inciting the deadly riot at the U.S. Capitol on January 6. Herrera Beutler is the fifth House GOP member to voice support for impeachment. 

"The President of the United States incited a riot aiming to halt the peaceful transfer of power from one administration to the next," Herrera Beutler wrote in a statement. "That riot led to five deaths. People everywhere watched in disbelief as the center of American democracy was assaulted. The violent mob bludgeoned to death a Capitol officer as they defaced symbols of our freedom. These terrorists roamed the Capitol, hunting the Vice President and the Speaker of the House."

Herrera Beutler critcized Mr. Trump's actions while the Capitol was under siege, noting that he appeared more concerned with further delaying the counting of electoral votes than the safety of Congress or the vice president. She also called the video Mr. Trump sent addressing his supporters during the riot "pathetic."

"I believe President Trump acted against his oath of office, so I will vote to impeach him," Herrera Beutler concluded.

Herrera Beutler's statement came shortly after the House voted to urge Vice President Pence to remove Mr. Trump from office by invoking the 25th amendment. Herrera Beutler did not vote yes on that motion, and Pence informed House Speaker Nancy Pelosi before the vote was taken that he would not pursue using the 25th amendment.

The House has voted to approve Congressman Jamie Raskin's resolution that encourages Vice President Mike Pence to invoke the 25th Amendment and creates an independent panel to determine the fitness of the president for office. 

The vote was 223 to 205. Only one Republican, Representative Adam Kinzinger of Illinois, voted in favor of the resolution. 

Pence has already said he will not attempt to invoke the 25th Amendment. 

The House will take up the impeachment vote Wednesday.

Republican Representative Fred Upton became the fourth House Republican on Tuesday to say he'll vote for impeachment, following Representatives John Kakto, Liz Cheney and Adam Kinzinger. 

"Today the president characterized his inflammatory rhetoric at last Wednesday's rally as 'totally appropriate,' and he expressed no regrets for last week's violent insurrection at the U.S. Capitol," Upton said in a statement. "This sends exactly the wrong signal to those of us who support the very core of our democratic principles and took a solemn oath to the Constitution.  I would have preferred a bipartisan, formal censure rather than a drawn-out impeachment process. I fear this will now interfere with important legislative business and a new Biden Administration. But it is time to say: Enough is enough."

"The Congress must hold President Trump to account and send a clear message that our country cannot and will not tolerate any effort by any president to impede the peaceful transfer of power from one President to the next. Thus, I will vote to impeach," Upton said. 

A House vote Tuesday night included new fines for members of Congress who refuse to wear masks. 

The House agreed to the rule 222-204, approving fines for House members who don't comply with Pelosi's mask-wearing requirement on the House floor. The fine is $500 for the first offense, and $2,500 for the second offense. 

The House has voted to set the rules for debate on the legislation from Congressman Jamie Raskin regarding the 25th Amendment. Now, members of the House will debate the merits of the legislation.

The next vote will be the vote on the legislation to create an independent commission to determine presidential fitness. 

House Speaker Nancy Pelosi announced the nine Democrats who will serve as impeachment managers during the Senate trial. The managers will be tasked with prosecuting the lower chamber's case for Mr. Trump's impeachment and removal from office. 

The impeachment managers selected by Pelosi are:

• Congressman Jamie Raskin of Maryland, lead impeachment manager

• Congresswoman Diana DeGette of Colorado

• Congressman David Cicilline of Rhode Island

• Congressman Joaquin Castro of Texas

• Congressman Eric Swalwell of California

• Congressman Ted Lieu of California

• Congresswoman Stacey Plaskett of the U.S. Virgin Islands

• Congressman Joe Neguse of Colorado

• Congresswoman Madeleine Dean of Pennsylvania

Pelosi's announcement came after Pence poured cold water on the House's push for him to invoke the 25th Amendment and remove Mr. Trump from office. The chamber is set to consider the article of impeachment Wednesday.

Pence said in a letter to Pelosi that he would not invoke the 25th Amendment just hours before the House was set to vote on a resolution formally calling on him to do so, arguing that he does not "believe that such a course of action is in the best interest of our Nation or consistent with our Constitution."

Pence said that he "did not yield to pressure to exert power beyond my constitutional authority to determine the outcome of the election" last week, referring to when he oversaw the congressional tally of Electoral College ballots. Mr. Trump had falsely claimed that Pence had the power to reject Electoral College results from certain states.

"I will not now yield to efforts in the House of Representatives to play political games at a time so serious in the life of our Nation," Pence said.

Pence quoted Pelosi's words from October, when she urged the creation of a 25th Amendment Commission to make a determination based on "science and facts" after Mr. Trump tested positive for COVID-19. Pence argued that Pelosi was right then, saying that "the 25th Amendment is not a means of punishment or usurpation."

Pence said that the country needed to focus on the orderly transition of power and healing as a nation in the wake of last week's attacks.

"I urge you and every member of Congress to avoid actions that would further divide and inflame the passions of the moment," Pence said.

A group of six House Republicans introduced a resolution censuring Mr. Trump for "trying to unlawfully overturn the 2020 presidential election and violating his oath of office" on January 6.

Led by Congressman Brian Fitzpatrick of Pennsylvania, the measure has backing from Tom Reed of New York, Fred Upton of Michigan, Peter Meijer of Michigan, Young Kim of California and John Curtis of Utah. The censure resolution was introduced as the House prepares to vote on a measure calling on Vice President Mike Pence to invoke the 25th Amendment and charges ahead with impeaching Mr. Trump for a second time.

The three-page resolution cites the president's repeated false claims in the months leading up to riot at the U.S. Capitol, including his claims that the election was rife with fraud, as well as his remarks at the rally near the White House in which he encouraged the supporters assembled to "fight like hell."

Mr. Trump, the measure states, "gravely endangered the security of the United States and its institutions of government," "threatened the integrity of the democratic system, interfered with the peaceful transition of power, and imperiled a coequal branch of government," and "betrayed his trust as president, to the manifest injury of the people of the United States."

House Judiciary Committee Chairman Jerrold Nadler has released a staff report from Democrats on the committee arguing for the impeachment of President Trump. 

The report says Mr. Trump incited an insurrection at the Capitol "in an attempt to overturn the results of the 2020 presidential election." 

"The House must reject this outrageous attempt to overturn the election and this incitement of violence by a sitting president against his own government. President Trump committed a high Crime and Misdemeanor against the Nation by inciting an insurrection at the Capitol in an attempt to overturn the results of the 2020 Presidential Election. The facts establish that he is unfit to remain in office a single day longer and warrant the immediate impeachment of President Trump."

Read the full report here.

Congressman Adam Kinzinger became the third Republican on Tuesday to say that he would vote to impeach Mr. Trump.

"There is no doubt in my mind that the President of the United States broke his oath of office and incited this insurrection," Kinzinger said in a statement. "He used his position in the Executive to attack the Legislative. So in assessing the articles of impeachment brought before the House, I must consider: if these actions...are not worthy of impeachment, then what is an impeachable offense?'

Kinzinger, a frequent critic of the president, had previously called for the 25th Amendment to be invoked, which allows for the vice president and the majority of the cabinet to remove a president. Kinzinger has also repeatedly slammed the president for refusing to concede the election and spreading falsehoods about voter fraud.

One House Democrat who was briefed by Capitol police on Monday night said an "unbelievably worrisome" security flaw came up during the briefing: Members of Congress being allowed to bring guests to the inauguration who have not been screened ahead of time. Members are allowed to bring one guest with them to the inaugural proceedings this year, but as of now, have not been required to submit the names of their guests for any sort of list or background check. All they need to get in the building is a paper ticket from the Joint Inaugural Committee. 

During the briefing with members, U.S. Capitol Police reviewed their plans to secure the Capitol on Inauguration Day, including increasing the number of National Guard troops to protect the area and installing a fence around the Capitol. But they also briefed members about the potential for thousands of armed militias attempting to surround the Capitol – and did not advise members on how they would be able to safely get inside the secure perimeter that day.  

The weakness in the plan for the inauguration "makes me doubt everything else," the Democrat told CBS News. 

There are also no rules currently in place about whether members or their guests will be allowed to carry guns at the inauguration, a debate that arose when another member attending Monday's briefing asked whether they could bring their personal security as their guest.

The source also said the threats described in Monday's call were "truly, truly significant," and concerning when compared to the lack of preparation for the attack on the Capitol last week.  

"There is no way in God's green earth there are no threats leading up to January 6th, and now it's like every organized militia creates in a period of three days a plan to descend upon the Capitol," the Democrat said. "The intelligence failure leading up to the 6th is absolutely undeniable." 

Republican Congresswoman Liz Cheney, the House Republican Conference chair and the third-highest ranking GOP member of the House, will vote to impeach President Trump. 

Cheney announced her vote in a statement late Tuesday. The Wyoming Republican was the only member of House leadership who didn't vote to object to the Electoral College results last week. 

"The president of the United States summoned this mob, assembled the mob, and lit the flame of this attack," Cheney said in a statement. "Everything that followed was his doing. None of this would have happened without the president. The president could have immediately and forcefully intervened to stop the violence. He did not. There has never been a greater betrayal by a president of the United States of his office and his oath to the Constitution."

"I will vote to impeach the president," Cheney wrote. 

The Joint Chiefs of Staff, the highest-ranking officers in each branch of the military, sent a remarkable memo to all members of the armed forces on Tuesday reminding them of their duty to uphold the Constitution and reaffirming that President-elect Joe Biden will be inaugurated on January 20.

"The American people have trusted the Armed Forces of the United States to protect them and our Constitution for almost 250 years. As we have done throughout our history, the U.S. military will obey lawful orders from civilian leadership, support civil authorities to protect lives and property, ensure public safety in accordance with the law, and remain fully committed to protecting and defending the Constitution of the United States against all enemies, foreign and domestic," the generals and admiral said in their memo.

"On January 20, 2021, in accordance with the Constitution, confirmed by the states and the courts, and certified by Congress, President-elect Biden will be inaugurated and will become our 46th Commander in Chief," the chiefs wrote.

Read more here.

Congressman John Katko became the first Republican member of Congress to publicly and definitively support impeachment on Tuesday. Although other Republican members of Congress have expressed openness to the possibility of impeachment, the New York Republican is the first to commit to a "yes" vote.

"To allow the president of the United States to incite this attack without consequence is a direct threat to the future of our democracy," Katko said in a statement first given to Syracuse.com. "For that reason, I cannot sit by without taking action. I will vote to impeach this president."

Katko represents New York's 24th congressional district, which leans slightly Democratic on the Cook Partisan Voting Index, based on how the district voted in the last two presidential elections. The district, in the western part of the state, voted for President Barack Obama twice and went for Hillary Clinton in 2016.

House lawmakers will face fines for not wearing masks while on the floor of the chamber, with a $500 fine imposed for a first offense and $2,500 for subsequent offenses, according to a senior Democratic congressional aide.

Democrats are implementing the fine system with language included in the rule for debate over Representative Jamie Raskin's resolution calling on Pence to invoke the 25th Amendment. Fines will be deducted from members' paychecks, the aide said.

Three lawmakers have tested positive for the coronavirus since they were held in a secure location during the attack on the Capitol. Several Republican members declined to wear masks while in the room.

House Speaker Nancy Pelosi implemented a requirement that masks be worn on the floor last July. She strengthened the rule in December, saying any member not wearing a mask would not be recognized to speak.

Justice Department officials told reporters in a briefing on Tuesday that federal investigators have opened more than 170 cases in relation to the insurrection at the Capitol, and rioters could face charges of sedition and conspiracy.

"We're looking at significant felony cases tied to sedition and conspiracy," said Michael Sherwin, the acting U.S. Attorney for the District of Columbia. "People are going to be shocked at some of the egregious conduct that happened within the Capitol."

Sherwin told reporters that he expects "hundreds" more cases to be opened by the end of the investigation. Sherwin and Steven D'Antuono, the head of the FBI's Washington field office, indicated that the investigation into these events would be massive, spanning the country.

"I think the scope and scale of this investigation in these cases are really unprecedented," Sherwin said. He added that the Capitol complex is "literally a crime scene." Some of the criminal activity that occurred including trespassing, theft of property, assault on federal and local law enforcement and felony murder.

Sherwin also said that the pipe bombs left outside the Republican National Committee and the Democratic National Committee were real devices with timers, and it is unclear why the bombs did not go off. He said the Justice Department is investigating whether these were intended to distract law enforcement from the events at the Capitol.

Read more here.

At the start of remarks on immigration in Alamo, Texas, Mr. Trump briefly addressed last week's assault on the U.S. Capitol as well as efforts in the House to remove him from office before the inauguration, saying "the 25th Amendment is of zero risk to me, but will come back to haunt Joe Biden and the Biden administration."

"Be careful what you wish for," he said, adding the impeachment effort mounted by House Democrats is "dangerous for the USA, especially at this very tender time."

"Millions of our citizens watched on Wednesday as a mob stormed the Capitol and trashed the halls of government," Mr. Trump said. "As I have consistently said throughout my administration, we believe in respecting America's history and traditions, not tearing them down."

The president said his administration believes in the "rule of law, not violence or rioting."

"Now is the time for our nation to heal, and it's the time for peace and calm," he said.

Mr. Trump reiterated his respect for law enforcement and stressed the need to uphold the rule of law. One U.S. Capitol Police officer, Brian Sicknick, died after he was injured during the melee with the president's supporters January 6. The pro-Trump mob also used tear gas on law enforcement at the Capitol and videos show the violent protesters attacking police on the scene.

"Respect for law enforcement and the great people within law enforcement, so many are here, is the foundation of the MAGA agenda, and we're a nation of law and we're a nation of order," he said. 

The Army says it is working to identify any service members tasked with supporting the inauguration who may "require additional background screening" by the Secret Service.

"There is no place for extremism in the military and we will investigate each report individually and take appropriate action," an Army spokesperson said. 

The spokesman noted that service members receive annual training on their obligation to report "any information regarding known or suspected extremist behavior that could be a threat to the department or the United States," and said the D.C. National Guard is advising troops arriving in the District that they should report any information to their chain of command.

 The Army is also "working closely with the F.B.I. as they identify people who participated in the violent attack on the Capitol to determine if the individuals have any connection to the Army."

"Any type of activity that involves violence, civil disobedience, or a breach of peace may be punishable under the Uniform Code of Military Justice or under state or federal law," the spokesperson added.

GOP Senator Mitt Romney indicated on Tuesday that he would be willing to consider an article of impeachment against Mr. Trump, saying in a brief statement that there must be a "meaningful consequence" for the president after he incited violence last week.

"When the President incites an attack against Congress, there must be a meaningful consequence. We will be considering those options and the best course for our nation in the days ahead," Romney said.

Romney is a frequent critic of the president, and was the only Republican senator to vote to convict Mr. Trump on one article of impeachment during the impeachment trial last year.

The top federal prosecutor in Washington and the head of the FBI's Washington field office are holding a briefing Tuesday afternoon on charges stemming from the Capitol attack, the Justice Department said.

Acting U.S. Attorney Michael Sherwin and Steven D'Antuono, the assistant director in charge in the FBI's D.C. office, will hold a briefing at 3 p.m. ET with an update "on criminal charges related to last Wednesday's violence at the Capitol," the department said.

A report drafted by agents in the FBI's field office in Norfolk, Virginia, included warnings of online discussions about "war" at the Capitol the day before last week's attack, according to The Washington Post. A U.S. law enforcement official confirmed the Post's report to CBS News.

"As of 5 January 2021, FBI Norfolk received information indicating calls for violence in response to 'unlawful lockdowns' to begin on 6 January 2021 in Washington. D.C.," the document said, according to the Post. "An online thread discussed specific calls for violence to include stating 'Be ready to fight. Congress needs to hear glass breaking, doors being kicked in, and blood from their BLM and Pantifa slave soldiers being spilled. Get violent. Stop calling this a march, or rally, or a protest. Go there ready for war. We get our President or we die. NOTHING else will achieve this goal."

The law enforcement official said the quotes from the document in the Post's report were accurate, to the best of this person's knowledge. The memo was passed along to the FBI's Washington field office before the attack. 

The revelation contradicts assertions by top officials that there was no intelligence suggesting the demonstrations would turn violent or that rioters would attempt to breach the Capitol. The Post notes, however, that it remains unclear "how many law enforcement agencies outside the FBI were told."

The law enforcement official told CBS News that the memo consisted of widely available "open-source" reporting and was not a finished intelligence product. 

The FBI declined to comment.

Capitol Police briefed House Democrats on Monday evening about potential security threats in the days leading up to Mr. Biden's inauguration. A Democratic congressional source told CBS News that the briefing was "the most frightening hour of my life." The person said there were "detailed threats and intention to take lives, particularly Democrats."

The source said police described "multiple, detailed threats by various armed militias with distinct missions and targets."

The person confirmed reporting by HuffPost that the most concerning plot would involve various militia groups surrounding the Capitol, the White House and the Supreme Court, and threatening to kill Democrats if they tried to enter the Capitol. The objective would be for Republicans to take control of the government.

Democrats and Republicans on the House Rules Committee got into heated debates in a contentious meeting on the resolution calling for Pence to invoke the 25th Amendment. 

Democratic Committee Chair Jim McGovern bristled after Republican Congressman Jim Jordan, a staunch supporter of Mr. Trump who was awarded the Medal of Freedom by the president on Monday, called for unity in his objections to invoking the 25th Amendment or impeaching the president.

"I'm glad that all it took for you to call for unity and healing was for our freedom and democracy to be attacked," McGovern fired back. He asked Jordan to acknowledge that Mr. Biden won the election "fair and square," but Jordan refused to do so.

"I said that Joe Biden won the election but that there were problems with how it was done," Jordan said. He also accused Democrats of a double standard, noting that some of them raised objections to Mr. Trump's election in 2016. Congressman Jamie Raskin, who crafted the 25th Amendment resolution, said there was "a terrible false moral equivalency going on here."

"All of us should do some soul-searching about five dead Americans," Raskin said, adding that there is "an inflamed right wing that thinks we're on the verge of a civil war."

Congressman Brad Schneider, a Democrat from Illinois, revealed he tested positive for the coronavirus, making him the third lawmaker to contract the virus in the wake of Wednesday's assault on the Capitol. Schneider was locked down with other lawmakers, including Republicans who refused to wear masks, during the deadly event on January 6.

"Today, I am now in strict isolation, worried that I have risked my wife's health and angry at the selfishness and arrogance of the anti-maskers who put their own contempt and disregard for decency ahead of the health and safety of their colleagues and our staff," Schneider said in a statement.

The Illinois Democrat said he is not experiencing symptoms, but implored the House to impose stricter sanctions on members who fail to follow public health guidelines to mitigate the spread of the coronavirus, including wearing a mask.

"We can no longer tolerate members coming to the floor or gathering in the halls of Congress without doing the bare minimum to protect those around them," he said. "Those that flout public health guidance should be sanctioned and immediately removed from the House floor by the Sergeant at Arms for their reckless endangerment of their colleagues."

In addition to Schneider, Democratic Congresswomen Pamila Jayapal of Washington and Bonnie Watson Coleman of New Jersey have also tested positive for COVID-19 after sheltering in place with other lawmakers, including Republicans who were caught on video obtained by Punchbowl News declining to wear masks.

Read more here.

Senators will receive a virtual briefing on inauguration security by representatives from the Secret Service, Defense Department and Department of Homeland Security on Tuesday afternoon, congressional aides said.

The swearing-in ceremony on January 20 will occur outside the Capitol, with many lawmakers expected to be in attendance.

There are also expected to be demonstrations by Trump supporters on January 17 and on Inauguration Day, raising additional concerns about security. At least 10,000 National Guard troops are expected to be in Washington to assist in securing the event.

Prior to boarding Air Force One, Mr. Trump declined to take responsibility for the role that his repeated false claims about the election played in inciting the violence at the Capitol. The president addressed supporters near the White House before the mob stormed the complex.

"It's been analyzed and people thought what I said was totally appropriate," Mr. Trump said, when asked about his "personal responsibility" in last week's riots.

As he left for Texas on Tuesday, Mr. Trump called the impeachment push from Democrats the "continuation of the greatest witch hunt in the history of politics."

"It's ridiculous, it's absolutely ridiculous. This impeachment is causing tremendous anger," he told reporters, while saying that he wants "no violence."

But even some of the president's oldest allies, like former acting chief of staff Mick Mulvaney, have said Democrats and Republicans will not treat this impeachment push like the last one.

"Again, it was such an extreme event on Wednesday that it's not surprising we are looking at extreme possible reactions to what happened on Wednesday," Mulvaney told Fox News Sunday.

Without Twitter, Mr. Trump lacks his usual platform for airing grievances, as he did during his first impeachment. 

On Tuesday, Mr. Trump spoke of illegal immigration and migrant caravans coming to the border, issues he hasn't focused on much since the election. Mr. Trump claimed to reporters that barriers along the southern border have made a "tremendous difference."

The Institute of Politics at the Harvard Kennedy School has removed Congresswoman Elise Stefanik, a Republican from New York, from an advisory committee due to her "public assertions about voter fraud in November's presidential election that have no basis in evidence," as well as "public statements about court actions related to the election that are incorrect," Douglas Elmendorf, the dean, announced.

Elmendorf wrote in a letter to the members of the committee that he asked Stefanik to step down, but she declined to do so and therefore was removed from the committee.

"My request was not about political parties, political ideology, or her choice of candidate for president," Elmendorf said, adding that Stefanik's claims "do not reflect policy disagreements but bear on the foundations of the electoral process through which this country's leaders are chosen."

The Senior Advisory Committee is composed of a dozen current and former public servants, including David Axelrod, former senior adviser to President Barack Obama, former Congressman Joseph Kennedy of Massachusetts and former Senator Olympia Snowe of Maine.

Stefanik lambasted the move by Harvard, calling it a "rite of passage and badge of honor to join the long line of leaders who have been boycotted, protested and canceled by colleges and universities across America."

"The decision by Harvard's administration to cower and cave to the woke Left will continue to erode diversity of thought, public discourse and ultimately the student experience," she said in a statement posted to Twitter.

Stefanik was among the 138 Republican House members who voted in favor of a challenge to Pennsylvania's electoral votes last week.

After spending the six days since the Capitol attack holed up in the White House, Mr. Trump will make his first public appearance Tuesday when he heads to Alamo, Texas, to survey progress on the border wall and tout his immigration agenda.

The president, whose Twitter account was permanently banned Friday, has limited his remarks since a mob of his supporters mounted an assault on the U.S. Capitol to a pair of pre-recorded videos. But Mr. Trump is set to deliver remarks during his visit to the border town, marking his first public speech since the riot.

President Trump admitted Monday that he is at least partially to blame for what transpired at the U.S. Capitol last Wednesday, according to House Minority Leader Kevin McCarthy, who spoke with the president on Monday and later conveyed Mr. Trump's feelings to fellow House Republicans.

Multiple Republicans familiar with the exchanges confirmed the details to CBS News.

In a letter sent to House Republicans and obtained by CBS News, McCarthy wrote that he remains opposed to impeachment, writing it would "have the opposite effect of bringing our country together when we need to get America back on a path towards unity and civility."

He said members across the conference had recommended other avenues to address the riots in the Capitol on Wednesday, including creating a bipartisan commission to study the attack, reforming the Electoral Count Act of 1887 and crafting legislation to "promote voter confidence in future federal elections."

The other option McCarthy mentioned was a resolution of censure, though he did not say who would be censured. The letter did not mention Mr. Trump by name. 

— Ed O'Keefe, Rebecca Kaplan, Major Garrett, Arden Farhi and Kimberly Brown

Acting Capitol Police chief Yogananda Pittman confirmed Monday there will be no public access to the U.S. Capitol during the inauguration. She said it was related to "pending investigations."

PIttman also said the department is "actively reviewing" video and other open source materials of some Capitol police and officials that "appear to be in violation of Department regulations and policies." 

"Our Office of Professional Responsibility will investigate these behaviors for disciplinary action, up to, and including, termination.  Several USCP officers have already been suspended pending the outcome of their investigations," Pittman said in a statement.

Congressman Tim Ryan confirmed earlier Monday that two Capitol police officers had been suspended, one for allegedly taking selfies with rioters and the other allegedly put on Mr. Trump's signature red "Make America Great Again" hat.

CBS News has learned that there is investigative activity in more than 30 states across the country related to the Capitol attack and the Inauguration. The states include Florida, Texas, Pennsylvania, California, Arkansas and Colorado.

Tips continue to stream into the FBI, which has received more than 45,000 digital tips. 

There is also new information about an alleged threat against House Speaker Nancy Pelosi. An FBI document distributed to law enforcement says that on January 7, an individual was arrested in Washington DC driving a white pickup truck and pulling a trailer allegedly carrying guns and ammunition. The individual discussed plans to shoot Pelosi. Investigators believe the individual is mentally unstable.