*:Not([hidden]): not (style) ~ *: not ([hidden]): not (style) {margin-top: 1rem;}]]> *: not ([hidden]): not (style) ~ *: not ([hidden]): not (style) {margin-left: 0.5rem;}]]>Media signatureTelephone recordings reveal chaotic scenes in the US Capitol *: not ([hidden]): not (style) ~ *: not ([hidden]): not (style) {margin-top: 1rem;}]]>
After the attack on Congress by a pro-Trump mob, there is increasing demand that the president be removed for “inciting” the insurrection.
Donald Trump will be stepping down on January 20 when Democrat Joe Biden is sworn in.
But many, including House Speaker Nancy Pelosi, want Mr Trump to get out of the White House first.
There are ways the president could get his marching orders, although it is unlikely.
Let’s look at them.
The 25th change
Leading Congressional Democrats – Speaker Pelosi and Senate Democratic Chairman Chuck Schumer – have urged Vice President Mike Pence and Mr. Trump’s cabinet to remove the president for “inciting insurrection”.
To do this, Mr Pence would have to invoke the 25th amendment. But what is it
The 25th amendment allows the vice-president to become the incumbent president if a president is unable to perform his or her duties, for example if he is unable to work due to physical or mental illness.
The part of the amendment that will be discussed is Section Four, which allows the Vice President and a majority in the Cabinet to declare that President Trump is unable to carry out his duties.
- Americans “shocked” and “disgusted” by riots
- A Visual Guide to the Unrest in Congress
- The US Air Force veteran who lost her life in civil unrest
They would have to sign a letter to the Speaker of the House of Representatives and the Senate declaring the President incapable of governing or incapable of “performing the powers and duties of his office”. At that point, Mr. Pence would automatically take over.
The President has the option of responding in writing, and if he denies the finding, Congress must rule. Any vote in the Senate and House of Representatives that orders the removal of the president requires a two-thirds majority.
Until the problem is resolved, the vice president would act as president.
However, it is unlikely that Mr Pence and at least eight cabinet members would break with the President and invoke the amendment.
Read more: What’s the 25th Amendment?
Impeachment proceedings
If the Vice President does not act, Ms. Pelosi has announced that she will convene the House to initiate the second impeachment trial against Mr. Trump.
The president has already been charged on charges of asking Ukraine’s help to increase his chances of re-election. The Senate acquitted him of these allegations.
Media signatureThe impeachment saga from start to finish
Mr Trump could be the first president in history to be tried twice.
To do this, the impeachment proceedings (indictment) must be brought into the house and put to a vote.
The case is then forwarded to the Senate, where a two-thirds vote is required to remove a president.
This milestone has never been reached in US history, and there is no indication that the Democrats would get those numbers in the Senate, where they only hold half the seats.
It is also not clear whether there is enough time left to complete the process.
Read more: Impeachment: A Very Simple Guide (Written December 2019)
Could Trump Forgive Himself?
Media reports citing unnamed sources said Mr Trump had suggested aides consider a pardon in the final days of his presidency.
The president is already facing numerous investigations, including inquiries by New York State into whether he has misled tax authorities, banks or business partners.
So could the president forgive himself?
The short answer is, we don’t know, given the short wording but the broad application of the Constitution and the fact that there is no precedent for a US leader to issue such a pardon.
Media signature“Treason, traitor and thug” – the words that the legislature used to describe the Capitol uprising
Some legal experts had previously said no and quoted a statement from the Justice Department a few days before Richard Nixon’s resignation, according to which he could not forgive himself “under the basic rule that in his case no one is allowed to be a judge”.
However, others say the Constitution does not preclude self-forgiveness.
Read more: Could the US President Forgive Himself? (Posted in July 2017)
How likely is it all?
Dozens of Democrats have expressed support for the impeachment, but right now it is by no means a majority in the House of Representatives.
And while it is possible that a slim majority – as in December 2019 – would vote for impeachment in the House of Representatives, it is highly unlikely that the required two-thirds of the Senate would vote to remove the president.
Republican senators have not expressed a desire to vote for the removal.
The appeal to the 25th amendment also appears increasingly unlikely.
Although this has been reported to have been discussed at high level, two cabinet members who oppose Mr Trump’s actions have since resigned and the remaining members are unlikely to join forces in a move to remove him.
Comments are closed.