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Trump has been criticised by Republicans and Democrats after yesterday's events Evan Vucci

The 25th Amendment: Could Trump be removed from office before Joe Biden's inauguration?

Republicans and Democrats have floated the idea of removing Trump from the White House.

THE UNITED STATES is officially in the final throes of Donald Trump’s presidency.

This morning, Joe Biden’s victory in last November’s election was formally affirmed and Vice President Mike Pence declared that the president-elect will be inaugurated on 20 January.

But events on the floor of the US Congress were secondary to the political terror that had occurred hours earlier in the Capitol building in Washington DC.

One woman was shot dead by police, dozens were arrested, 14 officers were injured and general chaos ensued when scores of Trump supporters stormed the building and forced the Capitol into lockdown while politicians convened to certify the election result.

The president’s role in yesterday’s events proved the final straw for some Republicans, who suggested that Trump could be removed from office before Biden’s inauguration in less than two weeks’ time.

Four elected officials who spoke to CNN called for the 25th amendment of the US constitution to be invoked, claiming that Trump’s actions were bad enough to remove him despite his minuscule time left in the White House.

Members of the president’s own cabinet reportedly discussed the move last night, while several Democratic members of Congress also urged Pence to declare Trump unfit to continue leading the country.

But invoking the 25th Amendment would be a tricky process that may not be worth the political hassle it would cause.

What is the 25th amendment?

Under the 25th amendment to the US constitution, a US president can declare they are unable to carry out their duties, or members of government can decide this for them.

If this happens, the vice president becomes president, even just temporarily (for example, if the president is sick or incapacitated for a short time).

There is also a section of the amendment that deals with the election of a new vice president if a sitting vice president resigns, dies or is removed from office.

The amendment was introduced after the assassination of John F Kennedy in 1963, when Congress felt it was important to decide upon a plan for presidential succession.

It contains four sections outlining how succession would work in various scenarios, including a president or vice president’s removal from office or death, and what happens with the vice presidential vacancy when one arises.

The first three of these sections have all been used (following the resignations of Richard Nixon and his former vice president Spiro Agnew, and while Ronald Reagan and George W. Bush were temporarily incapacitated because they were undergoing surgery). 

However, section 4 – the section of the amendment being spoken about in relation to Trump – has never been used.

To declare the president unable to do his job, the vice president must agree to such a move, as must the majority of the members of a presidential cabinet or another body decided upon by Congress.

If neither the president or the vice president are deemed able to fulfil the president’s duties, Congress can also decide who takes over instead.

Why is it being discussed in relation to Trump?

The president was heavily criticised for his role in yesterday’s chaos, which followed months of baseless claims that November’s election was fraudulent and attempts by Trump to invalidate results or have officials “find votes” in states which voted for Biden.

At a White House rally yesterday, Trump urged thousands of supporters to descend on the Capitol after telling them once again that he had lost to Biden due to massive fraud.

Hours later, after images emerged of his supporters causing mayhem inside the Capitol building, Trump released a video statement asking the protesters to go home – while also telling them that he “loved” them and that they were “very special”.

Democrats were quick to blame the president for his role in what happened, with a number calling for the 25th Amendment to be invoked last night.

pro-trump-protest-in-washington-us-06-jan-2021 Protesters during a rally in Washington yesterday SIPA USA / PA Images SIPA USA / PA Images / PA Images

Some Republicans were also angered by Trump’s actions. One former official told CNN that the series of events were “a huge shock to the system”.

“How do you keep him in place for two weeks after this?” they asked.

Trump’s remarks contrasted sharply with those of his vice president Mike Pence, who described the actions of protesters as “violent and destructive”.

“Peaceful protest is the right of every American but this attack on our Capitol will not be tolerated and those involved will be prosecuted to the fullest extent of the law,” he tweeted as demonstrators remained inside the building.

Will it happen?

Despite reports that Trump’s Cabinet has held preliminary discussions about invoking Section 4 of the 25th Amendment, it is unclear if Pence – who is a vital part of the process – has been involved.

The timing may ultimately prove a political obstacle too.

The clock is already ticking towards the official end of Trump’s presidency on 20 January, and an attempt to remove him from office before then would likely lead to more protests by his supporters, potentially stoked by the president himself.

Section 4 was also drawn up to deal with the president becoming incapacitated, and analysts have suggested that Pence and others would be reluctant to invoke it under current circumstances because doing so would be in bad faith.  

Even if Pence and members of the president’s Cabinet agreed to invoke Section 4, Trump could legally fight their efforts by writing a letter to Congress declaring himself fit to remain in office.

The vice president and Trump’s Cabinet would then have four days to reply to that letter, which would mean Congress would have to vote on what happened next. That would require a two-thirds majority - 67 senators and 290 Representatives members – to pass.

Between the length of time the process takes and the potential for further unrest, even those in favour of invoking Section 4 might consider it just isn’t worth doing so.

A second option being considered is another impeachment.

Democratic Representative Ilhan Omar announced on Twitter last night that she is drawing up articles of impeachment, claiming that Trump needs to be removed from office to preserve US democracy.  

But the length of time the impeachment process would take – Trump’s previous impeachment hearing took around 7 weeks – is likely to prevent this happening.

Ultimately, it appears likely that Trump will still be the president by the time Biden is about to be sworn in later this month.

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    Mute Derek Moean
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    Jan 7th 2021, 12:52 PM

    The Man is an absolute joke.

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    Mute Terry Cahill
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    Jan 7th 2021, 1:19 PM

    @Derek Moean: no joke ! 4 people died last night . The US and the World are in shock and still he does not concede . He promises there will be an orderly transition to Biden but still insists the election was “stolen” .Until he is punished for his criminal behavior over the last 4 years and beyond that, I would not consider him a joke” , instead he is a menace to society and when he does.. hopefully .. leave the White House there are multiple financial crimes that he will be answerable for. I hope he is pursued with determination .

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    Mute Fred the Muss...
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    Jan 8th 2021, 10:18 AM

    @Terry Cahill: Trump will not be be going to jail. He would be the poster boy then for his lunatic supporters.
    This would cause further division in the US, a deal will be made by Biden for Trump to go off quietly, stay quiet and he won’t go to jail.

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    Mute Sally
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    Jan 7th 2021, 12:56 PM

    2020 I’m the craziest year
    2021 hold my beer

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    Mute Graeme Leech
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    Jan 7th 2021, 1:10 PM

    Can’t believe 4 people had to lose their lives before he agreed to a peaceful transition, he never should have been President, completely unfit for the job.

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    Mute Jim Beatty
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    Jan 7th 2021, 12:55 PM

    ‘Lock him up, lock him up’

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    Mute Kev
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    Jan 7th 2021, 1:02 PM

    He is making as much as a mess as he can before Biden comes in which is exactly what everyone predicted. A delusional, dangerous individual.

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    Mute The Risen
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    Jan 7th 2021, 12:55 PM

    Trump has stuffed his cabinet with loyalist lackeys, it’s unlikely invoking the 25th would ultimately lead to his removal.

    It would, however, be a hell of a symbolic move.

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    Mute OnlyHereForTheComments
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    Jan 7th 2021, 1:35 PM

    @The Risen: It wouldn’t work from a timing perspective as would take too long, but it does get voted on by both houses, which are now under majority democrat control so even symbolically, would be powerful and likely pass. Unclear if removal via 25th amendment would prevent him running in 2024?

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    Mute Conrad Shields
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    Jan 7th 2021, 6:57 PM

    @OnlyHereForTheComments: Invoking 25th can be done very quickly, but would need Pence on board. If Trump challenged it, would be after 20th by then and already out of office. It wouldn’t prevent him from running again and Trump would probably prefer it as would bolster his support and he could get Pence to issue a pardon (whereas issuing one to himself has higher chance of being challenged).
    They need to impeachment him which wouldn’t be resolved before 20th (unless Republicans got on board) but if found guilty would prevent him from running ever again.
    Downside is if the Republicans acquit him again, it is unlikely any Federal or local prosecutor will go after him as will have been considered to have been tried already.

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    Mute kevin mc cormack
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    Jan 7th 2021, 1:08 PM

    He is completely out of touch with reality and can’t seem to comprehend he has lost, this is not the mind of a mentally stable person, he needs to be removed immediately

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    Mute Wilbert Gill
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    Jan 7th 2021, 1:11 PM

    Stop talking about it and do it, he’s not fit to hold the office

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    Mute Paul Mullen
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    Jan 7th 2021, 1:19 PM

    4 years too late

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    Mute #1 Fifthwheel
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    Jan 7th 2021, 1:47 PM

    Just arrest him, he’s so unfit to remain in office…

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    Mute Will
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    Jan 7th 2021, 1:32 PM

    It will be business as usual in the US now that Joe will take the helm. The elite will steal twice as much from the people now. All they needed was a mad man like Trump in power for 4 years and now they will believe Joe is the best thing since slice bread. Some very worrying years ahead for the US and the world. I wonder which country Joe and his corporate backers will go at first! My money is on Iran and then Venezuela. All in the name of democracy lol!

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    Mute David A. Murray
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    Jan 7th 2021, 1:07 PM

    I can’t type the message about the media carved into the outside of the door through which Trump’s rabble exited yesterday. Toxicity is 6.6. Even typing this is 4.4. It mentioned doing something legally classified as ‘First Degree……’. One of the male criminals from yesterday said that “We’re the only hope for the world”, which mirrors Trump’s grandiose self-delusions. Just wondering (if we are supposed to distrust the MSM) exactly who we can trust? Trump? Kayleigh? Ted? Q-Anon? Limbaugh? MAGA Facebook posts? Every ignorant citizen who lives in an echo chamber and eats up everything they are told?

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    Mute David Faulkner
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    Jan 7th 2021, 1:13 PM

    If he was pushed out by article 25, could pence as interim president issue a pardon to trump on charges yet to be made? Just curious

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    Mute Jim Buckley Barrett
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    Jan 7th 2021, 1:17 PM

    @David Faulkner: As far as I’m aware, he has to be charged, found guilty before he can be pardoned.

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    Mute Tricia G
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    Jan 7th 2021, 1:24 PM

    @Jim Buckley Barrett: That’s not correct.

    Pre-emptive pardon only applies to federal crimes committed and can’t be used for Impeachment.

    Ford pre-emptively pardon Nixon for “all crimes committed as President”.

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    Mute Tricia G
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    Jan 7th 2021, 1:26 PM

    @David Faulkner: Trump can (theoretically) pardon himself.

    To challenge its Constitutionality, he’d have to be charged and use the Pardon as his defence. Then the Supreme Court would rule on whether its permitted or not.

    Fact remains, its never been tested.

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    Mute David Faulkner
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    Jan 7th 2021, 2:09 PM

    @Tricia G: This presidency has had a lot of never seen befores. Thank you.

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    Mute The Risen
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    Jan 7th 2021, 2:26 PM

    @David Faulkner: Even if Pence AND Biden pardon Trump, he is still on the hook for the now infamous phone call to the Georgia governor last weekend, where he likely broke Georgia state law. Pardons only cover federal law.

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    Mute RogersRabbit
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    Jan 7th 2021, 1:21 PM

    Would be a fitting end. And class tv.

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    Mute G.
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    Jan 7th 2021, 2:15 PM

    People that think this a good idea don’t understand the level of violence that will ensue if it is carried out. 20th is around the corner.

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    Mute SteoG
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    Jan 7th 2021, 4:23 PM

    The usual tRumpettes and ReTrumplicans are thin on the ground today. Must be the weather. They are the real SNOWFLAKES!

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    Mute Brendan Moriarty
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    Jan 7th 2021, 3:50 PM

    But her emails.

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    Mute Bramley Hawthorne
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    Jan 7th 2021, 2:41 PM

    If he is removed by virtue of insanity, then all his crimes vanish. Bad move.

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    Mute Garry Coll
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    Jan 7th 2021, 1:47 PM

    All roads lead to Rome.

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    Mute David A. Murray
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    Jan 7th 2021, 2:26 PM

    @Garry Coll: That’s even vaguer than Trump’s “History and culture. Very important” during a rally to his supporters. Took me some time to discover “History” and “Culture” are traditional white supremacy code words, previously used by the Democrats pre-Jimmy Carter era in the South and subsequently hijacked by the GOP’s southern voter focus.

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    Mute SteoG
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    Jan 7th 2021, 4:21 PM

    @Garry Coll: Five words with sobs in between.

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    Mute MrsWoman
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    Jan 7th 2021, 3:26 PM

    Dragging a petulant, stroppy toddler from a party springs to mind!

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    Mute Anna Green
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    Jan 8th 2021, 12:24 AM

    Wanna have hot-lovin’ conversations? You’re on the right way! – chatie.club/xxx

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    Mute Mary N. Cooke
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    Jan 7th 2021, 11:36 PM

    Apparently he could but VP Pence got no ball s.

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