Calls get louder to remove Trump under 25th Amendment

Calls for President TrumpDonald Trump recognizes end of presidency after Congress certifies Biden wins Congress confirms Biden wins after rioters terrorize Capitol Third House lawmaker positive for COVID-19 this weekThe removal under the 25th Amendment became tougher on Thursday in response to the deadly mob attack on the Capitol by pro-Trump rioters.

The infrequently designated 1967 amendment to the Constitution is the primary way to ensure that the government stays afloat if a sitting president is unable to perform their duties.

Trump’s remaining time in the White House is a few days, with the president-elect Joe BidenJoe BidenTrump recognizes end of presidency after Congress declares Biden to win Congress confirms Biden wins after rioters terrorize Capitol. Here’s how newspaper front pages around the world looked after crowds stormed the Capitol MOREThe inauguration would take place on January 20th. But the alarm about the prospect of Trump inciting more violence or plunging the country into a national security crisis has shown the so-called “involuntary removal mechanism” up close.

Although the 25th Amendment has been used several times as a way to temporarily transfer power to a Vice President while a President is undergoing a medical procedure such as an operation, it has never been used against a President against his will. to remove his office.

By Thursday afternoon, just 24 hours after rioters stormed the Senate minority leader Capitol Charles SchumerChuck Schumer Congress confirms Biden victory after rioters terrorize Capitol Cori Bush introduces legislation in the form of sanctions, removing all members of the House who supported the election challenges. Pelosi and Schumer are appealing to Trump to demand that all protesters leave the Capitol more. (DN.Y.) and Speaker Nancy PelosiNancy PelosiCongress confirms Biden’s victory after rioters terrorize Capitol Third House lawmaker tests positive for COVID-19 this week, West Virginia lawmaker is alive to join gang at Capitol: reports MORE (D-Calif.) Both have adopted the constitutional mechanism to bring about a premature end to Trump’s presidency. Democratic leaders have urged Trump’s cabinet to remove him, or fail him, that Congress would consider it by accusation.

“What happened at the U.S. Capitol yesterday was an uprising against the United States, incited by the president,” Schumer said in a statement. “This president should not hold office for another day.”

Some Republicans have joined the Choir of Democrats to call for the 25th Amendment.

Rep. Adam KinzingerAdam Daniel Kinzinger Late-night host announces plans to discuss Capitol violence. The memorandum: Trump chaos comes to Capitol. Trump is telling rioters to “go home” as they stir up more election anger. (Ill.) On Thursday became the first GOP legislator to appeal to the Constitution’s presidential removal mechanism and lay the blame for Wednesday’s uprising at the feet of the president.

“Here’s the truth: the president has caused it. The president is incompetent and the president is bad. And the president must now voluntarily or involuntarily relinquish control of the executive,” Kinzinger said in a statement on video. . “It’s time to call for the 25th Amendment and end this nightmare.”

Republican support for the effort also comes from outside Washington.

Maryland Gov. Larry Hogan (R) said Thursday that the United States would be “better off” if Trump either resigned or was removed from office so that Vice President Pence could serve the last days of his presidency.

The determination of the involuntary removal – Article 4 of the amendment – authorizes the Vice-President and a majority of the Cabinet members to declare a President that he “cannot perform the powers and duties of his office.” If used successfully against Trump, it will elevate Pence to the position of acting president.

But according to the statute, a sitting president could challenge the determination of his cabinet – a complex factor that has caused even some of Trump’s fiercest critics to dismiss the approach as impractical given the short time frame.

To take the reins of power again, Trump will only have to declare to congressional leaders that he is capable of it. To overcome Trump’s challenge, the cabinet will have to declare itself unfit again, only this time with support by a two-thirds vote in both the House and Senate.

Some of Trump’s strongest opponents believe it is absurd to think that such a cumbersome process could succeed in depriving Trump of his power before the inauguration day. John BoltonJohn Bolton Five foreign policy plums ripe for Biden’s election of Trump call Bolton ‘one of the dumbest people in Washington’ after the former assistant weighs in the war bill, which reflects Trump’s impact of hacking. The question is whether Russia was MORE involved, Trump’s one-time national security adviser critic, said the attempt to remove Trump at this late stage could make the country’s problems worse, rather than better.

“Section four of the 25th Amendment, which I think is the scent of the day, is probably the worst written provision of the Constitution,” Bolton told The Hill. ‘It has never been used before, and the idea that you are going to try to activate it for the first time now runs the risk of having two presidents at the same time.

The amendment owes its seemingly esoteric design to its historic roots, which only took off after the 1963 assassination of President Kennedy. His shocking death and the sense of national vulnerability it evoked raised concerns about the adequacy of the country’s contingency planning.

The give-and-take of the 25th Amendment between the Executive Branch and Congress is intended to bring about a smooth transition of power in the event that a president is left physically incompetent and unable to fulfill his presidential duties.

“These proposals were influenced by the feeling at the time that, if Kennedy had lived, the country would have had to deal with the problem of presidential incapacity in a very tragic environment,” writes John D. Feerick, a law professor at Fordham University and scholar of the 25th amendment.

In this spirit, one provision of the amendment allows the president to transfer power to the vice-president on a temporary basis on his own initiative. This happened twice during the presidency of George W. Bush, who briefly transferred authority to Vice President Dick Cheney while undergoing colonoscopy procedures. Bush resumed his powers shortly thereafter.

According to lawyers, however, the drafters of the amendment deliberately left the text vague to allow flexibility, including the appeal of the amendment in cases where a president is simply not fit to perform his official functions.

Brett Samuels contributed.

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