The chaos and storming of the U.S. Capitol building on Wednesday by supporters of Trump has led to calls for the immediate removal of the president before President-elect Joe Biden is sworn in on Jan. 20, either by impeachment, which could take several days or by using the 25th Amendment to the Constitution.
Trump’s inciting the crowd of supporters yesterday, as well as his orchestration of the events leading up to the Capitol building being breached by the angry mob, fueled calls for his immediate removal by many lawmakers who allege Trump committed high crimes and misdemeanors by “willfully inciting violence” against the government.
There are actually two ways Trump can be removed from office – invoking the 25th Amendment to the Constitution, or by Impeachment by the House of Representatives. In either case, Vice President Mike Pence would take over until Biden’s inauguration, according to Reuters.
There was talk late Wednesday night on using the 25th Amendment that was ratified in 1967 after the assassination of President John F. Kennedy in 1963. The amendment deals with presidential succession and disability.
Under Section 4 of the 25th Amendment, situations, where a president is unable to do the job but does not step down voluntarily, are addressed. It is clear that this section applies when a president is incapacitated by a physical or mental illness, experts say. Some scholars have also argued that it could also apply more broadly to a president who is dangerously unfit for office.
For the amendment to be invoked Vice-President Pence and the majority of Trump’s Cabinet would need to declare that Trump is unable to perform the duties of the presidency and remove him. Pence would take over, as long as Trump doesn’t contest the action, according to CNN.
However, if Trump were to say he is capable of doing his duties, and if Pence and the cabinet members do not dispute him, Trump would regain his presidential powers. Then – it would be up to Congress to decide by a two-thirds majority vote in both houses.
Paul Campos, a professor of constitutional law at the University of Colorado says this method is quicker than going the route of impeachment. Not only that, if Trump disputed the 25th Amendment charges, Congress, being controlled by the Democrats, could just delay taking action on a dispute until after January 20, thereby leaving Pence as the President.
“Pence could instantly become president, whereas impeachment and conviction could take at least a few days,” Campos said.
