how can joe be too incompetent to stand trial but competent enough to withstand the 25th?

Its not who is voting, but who is counting the votes to paraphrase Stalin.

Joe's cabinet has to invoke the 25th.

Any prosecutor or judge can invoke incompetent to stand trial.

I'm not surprised none of the Fox brains you rely on explained this to you.

Absolutely nobody has presented any evidence President Biden is not competent to stand trial or anything else.

The Republican hack wrote in his report, THAT CLEARLY ESTABLISHED THAT THERE WAS NO BASIS UNDER THE LAW to bring charges, that if he brought charges anyway that a hypothetical defense might be that President Biden was just old and forgetful.

He had absolutely no business speculating on a possible defense against charges that clearly were not supported by the evidence.

The 25th Amendment not an adversarial trial.

It is a procedure for the Cabinet to recognize a disabled president and transition power from that president so disabled as a stop gap measure.

The Cabinet invoking the 25th Amendment would not be dispositive of the criminal competence issue assuming charges. That is a determination that must be made by the trial judge in the trial judge’s discretion. Certainly, the invocation of the 25th Amendment successfully could be a factor that judge would consider.

Competence simply looks at whether the person understands w counsel the basic charge and process against him.

In KY what we really look at for trial is capacity:

If upon arraignment or during the proceedings there are reasonable grounds to believe that the defendant lacks the capacity to appreciate the nature and consequences of the proceedings against him or her, or to participate rationally in his or her defense, all proceedings shall be postponed until the issue of incapacity is determined as provided by KRS 504.100.

His Cabinet interacts with him regularly and knows this is all bullshit because Trump has nothing to run on since his Republican minions now own the border.

Here is a good primer on capacity/competency as used in KY state courts.

I suggest reading it.

https://uknowledge.uky.edu/cgi...line&type=additional

I am not debating President Biden’s capacity under either procedure. I am trying to answer the prompt of the question.

To hell with all this
Let voters decide if Biden wants to continue to second term

Similar but not quite in MN.

We have civil commitment as mentally ill and dangerous to the public, Sexually Dangerous person, and Sexually psychopathic personality commitments that are indeterminate.

Then there is civil competency where you get a guardian assigned.

I have seen prosecutors in MN refuse to charge someone but go down the route of civil commitment here. I have also seen them commit someone and leave the charges open to proceed after they are doing well enough to proceed with trial. So we have folks who are committed to the state hospital before they go to trial, go to trial and serve a sentence, and then get returned to the state hospital afterwards.

Often its a pure prosecutorial judgement call which way they operate... but yes, a judge is always involved as is at least one forensic psychiatric examiner.