MEMPHIS, Tennessee — After Wednesday's riot and violence at the U.S. Capitol some lawmakers are calling to invoke the 25th Amendment, a potential option to remove the president from office.
So what’s the process?
Although it’s never been used before, Trump administration officials raised the possibility of invoking section 4 of the 25th Amendment. It would mean the removal of Trump by his own cabinet.
Wednesday, pro-Trump supporters could be seen pushing past barricades to enter the Capitol.
The president first refused to condemn the rioters and now some lawmakers within his own cabinet are discussing putting the 25th Amendment into action.
“Section 4 of the 25th Amendment says that if the vice president and a majority of the cabinet sign a letter and transmit it to congress saying that the president is unable, unfit to carry out his duties then the vice-president immediately becomes the acting president,” said Steve Mulroy, who is a University of Memphis law professor and author of the recent book, “Rethinking US Election Law.”
Mulroy said the president can sign a letter refuting it which would trigger a process of adjudication that could take between 21 and 25 days.
“If that were to happen in this case because there are less than 21 days until January 20th essentially Pence could run out the clock and any objection by Trump would be mooted because Joe Biden would be sworn in on January 20th.”
The constitution doesn’t lay out the exact criteria for why a president is unfit, however, Mulroy believes it was originally written with medical issues like dementia or mental illness in mind.
He said that doesn’t mean it couldn’t be stretched to apply to other situations.
“The more you think that what President Trump did was more misconduct or irresponsible or reckless behavior as opposed to him being of unsound mind then the more you’re talking about impeachment,” Mulroy said.
So does a second impeachment for Trump mean he’s ineligible to run for office again? Not quite.
“If the Senate were to convict on an impeachment charge they could specify the remedy and it could be either just removal from office or it could be they specify removal from office and permanent disqualification from holding future public office.”