MEMPHIS, Tenn. — Tuesday night, the House is expected to vote on a resolution calling for Vice- President Mike Pence to invoke the 25th Amendment to remove President Donald Trump before his term ends next week.
If Pence refuses, House Democrats plan to vote Wednesday morning on whether or not to impeach Trump for "incitement of insurrection" for urging his supporters to storm the Capitol last week.
What are the chances either will happen? And do lawmakers have any other options?
University of Memphis law Professor Steve Mulroy said invoking the 25th amendment or impeaching President Trump are options, but there may be another way to ban Trump from holding office in the future.
After the attack on the Capitol last week, lawmakers are moving fast to do something. Analysts said the easiest way to remove Trump from office is to get Vice President Mike Pence to invoke the 25th amendment and become the acting president. So far, it doesn't sound like Pence it doing to do that.
"At least the Democrats can say we tried everything. We tried every step before going to impeachment," said University of Memphis Law Professor Steve Mulroy.
Mulroy recently released a book called Rethinking U.S. Election Law. Mulroy said getting a vote to impeach in the Democratic-controlled house will likely be easy, but getting 2/3 of the Senate to convict Trump would be more difficult.
Mulroy said another option to prevent Trump from holding office in again could be, Section 3 of the 14th amendment. It was adopted after the Civil War.
"It has a provision that says anybody who swore an oath to uphold the constitution by being a federal officer and who then later on was involved with insurrection or rebellion would be disqualified from holding future federal office," said Mulroy.
Mulroy said there is discussion around Washington DC about this. It's believed if Congress invoked that, only a majority vote would be needed to ban Trump from holding public office, which Mulroy said is the goal.
"The issue is not going to be removing Trump, as so much permanently disqualifying him from holding public office in the future," said Mulroy.
Mulroy said there is some debate in the legal community whether Congress could do it, or if it would have to be done by the judicial branch.
While some have argued that doing anything to Trump will further agitate his supporters, giving them more reason to rebel, Mulroy said given the gravity of what happened at the U.S. Capitol last week, some action will likely be taken.
"A message has to be sent and there has to be consequences to deter him and others from acting similarly in the future," said Mulroy.