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Following the [[2021 storming of the United States Capitol]] by supporters of outgoing President [[Donald Trump]] on January 6, 2021, government officials accused him of [[incitement to violence]] for encouraging the failed insurrection and called for him to be removed from office. [[Democratic Party (United States)|Democratic]] and [[Republican Party (United States)|Republican Party]] [[United States Congress|members of Congress]] including [[Speaker of the United States House of Representatives|House Speaker]] [[Nancy Pelosi]], [[Party leaders of the United States Senate|Senate Minority Leader]] [[Chuck Schumer]], and associated officials<ref>{{cite news |date=January 7, 2021 |title= Capitol riot: Democrats seek Trump's removal from office|url= https://www.bbc.com/news/world-us-canada-55579512 |work=BBC News |location= |access-date=January 7, 2021 }}</ref> have called for stripping Trump of his powers and duties immediately under Section 4 of the [[Twenty-fifth Amendment to the United States Constitution]], demanding his immediate resignation from office, or removing Trump from office via [[Impeachment in the United States|impeachment and conviction]]. Section 3 of the [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendment]] has also been under consideration.<ref name=":3" /> The following conditions would occur if either action were implemented before January 20:
Following the [[2021 storming of the United States Capitol]] by supporters of outgoing President [[Donald Trump]] on January 6, 2021, government officials accused him of [[incitement to violence]] for encouraging the failed insurrection and called for him to be removed from office. [[Democratic Party (United States)|Democratic]] and [[Republican Party (United States)|Republican Party]] [[United States Congress|members of Congress]] including [[Speaker of the United States House of Representatives|House Speaker]] [[Nancy Pelosi]], [[Party leaders of the United States Senate|Senate Minority Leader]] [[Chuck Schumer]], and associated officials<ref>{{cite news |date=January 7, 2021 |title= Capitol riot: Democrats seek Trump's removal from office|url= https://www.bbc.com/news/world-us-canada-55579512 |work=BBC News |location= |access-date=January 7, 2021 }}</ref> have called for stripping Trump of his powers and duties immediately under Section 4 of the [[Twenty-fifth Amendment to the United States Constitution]], demanding his immediate resignation from office, or removing Trump from office via [[Impeachment in the United States|impeachment and conviction]]. Section 3 of the [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendment]] has also been under consideration.<ref name=":3" /> The following conditions would occur if either action were implemented before January 20:
* '''Resignation''' – if Trump were to resign, [[Vice President of the United States|Vice President]] [[Mike Pence]] would become the 46th president of the United States; he would be the shortest-serving president ever, being in office for up to just {{Days Left|day=20|month=1|year=2021}} days before handing power to [[Joe Biden]] as the 47th president on January 20. This would surpass the record of [[William Henry Harrison]], who died 31 days into his term. It would be the second time in history that a president would be forced to resign; the first was the 1974 [[Richard Nixon's resignation speech|resignation]] of [[Richard Nixon]] when it appeared inevitable that he would be impeached and removed from office for his role in the [[Watergate scandal]].
* '''Resignation''' – if Trump were to resign, [[Vice President of the United States|Vice President]] [[Mike Pence]] would become the 46th president of the United States; he would be the shortest-serving president ever, being in office for up to just {{Days Left|day=20|month=1|year=2021}} days before handing power to [[Joe Biden]] as the 47th president on January 20. This would surpass the record of [[William Henry Harrison]], who died 31 days into his term. It would be the second time in history that a president would be forced to resign; the first was the 1974 [[Richard Nixon's resignation speech|resignation]] of [[Richard Nixon]] when it appeared inevitable that he would be impeached and removed from office for his role in the [[Watergate scandal]].
* '''14th Amendment''' – if Section 3 of the 14th Amendment action is carried out, it would immediately make Pence the 46th president of the United States, and he would still be the shortest-serving president ever before handing power to [[Joe Biden]] as the 47th president on January 20. It would also be the first time in modern history that Section 3 of the 14th Amendment was invoked since 1919 to stop Victor L. Burger, convicted of violating the [[Espionage Act]] for his anti-militarist views, from [[Unseated members of the United States Congress|taking his seat]] in the House of Representative. It would also be the first time in history of the United States to be invoked on a sitting president. However, this is seen one of the most unlikely options.
* '''14th Amendment''' – if Section 3 of the 14th Amendment action is carried out, it would immediately make Pence the 46th president of the United States, and he would still be the shortest-serving president ever before handing power to [[Joe Biden]] as the 47th president on January 20. It would also be the first time in modern history that Section 3 of the 14th Amendment was invoked since 1919 to stop [[Victor L. Berger]], convicted of violating the [[Espionage Act]] for his anti-militarist views, from [[Unseated members of the United States Congress|taking his seat]] in the House of Representative. It would also be the first time in history of the United States to be invoked on a sitting president. However, this is seen one of the most unlikely options.
*'''25th Amendment''' – if Section 4 of the [[Twenty-fifth Amendment to the United States Constitution|25th Amendment]] action is carried out it would make Pence the [[Acting president of the United States|acting president]], assuming the "powers and duties of the office" of the president. Trump would remain president for the rest of his term, albeit stripped of all authority. It would also be the first time in history that Section 4 of the 25th Amendment was invoked.<ref>{{Cite web|last=Bomboy|first=Scott|date=12 October 2017|title=Can the Cabinet “remove” a President using the 25th amendment? - National Constitution Center|url=https://constitutioncenter.org/blog/can-the-cabinet-remove-a-president-using-the-25th-amendment|url-status=live|archive-url=|archive-date=|access-date=8 January 2021|website=National Constitution Center – constitutioncenter.org|language=en}}</ref><ref>{{Cite web|last=Moneymaker|first=Anna|date=2021-01-07|title=Calls to replace Trump via the 25th Amendment are growing. Here’s why it’s never happened before.|url=https://www.nationalgeographic.com/history/2021/01/calls-to-replace-trump-25th-amendment-growing-heres-why-never-happened-before/|url-status=live|archive-url=|archive-date=|access-date=2021-01-08|website=History & Culture|language=en}}</ref> Presumably, Pence would remain acting president until Biden is sworn in as the 46th president on January 20, 2021.
*'''25th Amendment''' – if Section 4 of the [[Twenty-fifth Amendment to the United States Constitution|25th Amendment]] action is carried out it would make Pence the [[Acting president of the United States|acting president]], assuming the "powers and duties of the office" of the president. Trump would remain president for the rest of his term, albeit stripped of all authority. It would also be the first time in history that Section 4 of the 25th Amendment was invoked.<ref>{{Cite web|last=Bomboy|first=Scott|date=12 October 2017|title=Can the Cabinet “remove” a President using the 25th amendment? - National Constitution Center|url=https://constitutioncenter.org/blog/can-the-cabinet-remove-a-president-using-the-25th-amendment|url-status=live|archive-url=|archive-date=|access-date=8 January 2021|website=National Constitution Center – constitutioncenter.org|language=en}}</ref><ref>{{Cite web|last=Moneymaker|first=Anna|date=2021-01-07|title=Calls to replace Trump via the 25th Amendment are growing. Here’s why it’s never happened before.|url=https://www.nationalgeographic.com/history/2021/01/calls-to-replace-trump-25th-amendment-growing-heres-why-never-happened-before/|url-status=live|archive-url=|archive-date=|access-date=2021-01-08|website=History & Culture|language=en}}</ref> Presumably, Pence would remain acting president until Biden is sworn in as the 46th president on January 20, 2021.
* '''Impeachment and conviction''' – if impeachment and conviction were to occur before Trump's term ends, it would make Pence the 46th president with immediate effect, and Trump the first president in United States history to be convicted in an impeachment trial. If Trump were impeached (regardless of the outcome of the subsequent trial in the Senate), it would also make him the first president in United States history to be impeached twice. Discussions have been made about possibly convicting Trump in the Senate after he leaves office. However, this has never been constitutionally tested, except for the 1876 [[trader post scandal]], which saw Secretary of War [[William W. Belknap]] impeached by the House even after he had already resigned, although he was acquitted by the Senate.<ref>{{Cite news |url=https://www.nbcnews.com/politics/donald-trump/can-trump-be-tried-senate-impeachment-charges-even-after-he-n1253544 |title=Can Trump be tried in the Senate on impeachment charges even after he leaves office? Some experts say yes. |author=Pete Williams |work=NBC News |date=January 8, 2021 |accessdate=January 9, 2021}}</ref> As with a resignation, Pence would serve as the shortest-tenured president in American history before handing power to Biden as the 47th president on January 20.
* '''Impeachment and conviction''' – if impeachment and conviction were to occur before Trump's term ends, it would make Pence the 46th president with immediate effect, and Trump the first president in United States history to be convicted in an impeachment trial. If Trump were impeached (regardless of the outcome of the subsequent trial in the Senate), it would also make him the first president in United States history to be impeached twice. Discussions have been made about possibly convicting Trump in the Senate after he leaves office. However, this has never been constitutionally tested, except for the 1876 [[trader post scandal]], which saw Secretary of War [[William W. Belknap]] impeached by the House even after he had already resigned, although he was acquitted by the Senate.<ref>{{Cite news |url=https://www.nbcnews.com/politics/donald-trump/can-trump-be-tried-senate-impeachment-charges-even-after-he-n1253544 |title=Can Trump be tried in the Senate on impeachment charges even after he leaves office? Some experts say yes. |author=Pete Williams |work=NBC News |date=January 8, 2021 |accessdate=January 9, 2021}}</ref> As with a resignation, Pence would serve as the shortest-tenured president in American history before handing power to Biden as the 47th president on January 20.

Revision as of 04:17, 11 January 2021

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Donald Trump's signature

Seal of the President of the United States

Following the 2021 storming of the United States Capitol by supporters of outgoing President Donald Trump on January 6, 2021, government officials accused him of incitement to violence for encouraging the failed insurrection and called for him to be removed from office. Democratic and Republican Party members of Congress including House Speaker Nancy Pelosi, Senate Minority Leader Chuck Schumer, and associated officials[1] have called for stripping Trump of his powers and duties immediately under Section 4 of the Twenty-fifth Amendment to the United States Constitution, demanding his immediate resignation from office, or removing Trump from office via impeachment and conviction. Section 3 of the Fourteenth Amendment has also been under consideration.[2] The following conditions would occur if either action were implemented before January 20:

  • Resignation – if Trump were to resign, Vice President Mike Pence would become the 46th president of the United States; he would be the shortest-serving president ever, being in office for up to just -1227 days before handing power to Joe Biden as the 47th president on January 20. This would surpass the record of William Henry Harrison, who died 31 days into his term. It would be the second time in history that a president would be forced to resign; the first was the 1974 resignation of Richard Nixon when it appeared inevitable that he would be impeached and removed from office for his role in the Watergate scandal.
  • 14th Amendment – if Section 3 of the 14th Amendment action is carried out, it would immediately make Pence the 46th president of the United States, and he would still be the shortest-serving president ever before handing power to Joe Biden as the 47th president on January 20. It would also be the first time in modern history that Section 3 of the 14th Amendment was invoked since 1919 to stop Victor L. Berger, convicted of violating the Espionage Act for his anti-militarist views, from taking his seat in the House of Representative. It would also be the first time in history of the United States to be invoked on a sitting president. However, this is seen one of the most unlikely options.
  • 25th Amendment – if Section 4 of the 25th Amendment action is carried out it would make Pence the acting president, assuming the "powers and duties of the office" of the president. Trump would remain president for the rest of his term, albeit stripped of all authority. It would also be the first time in history that Section 4 of the 25th Amendment was invoked.[3][4] Presumably, Pence would remain acting president until Biden is sworn in as the 46th president on January 20, 2021.
  • Impeachment and conviction – if impeachment and conviction were to occur before Trump's term ends, it would make Pence the 46th president with immediate effect, and Trump the first president in United States history to be convicted in an impeachment trial. If Trump were impeached (regardless of the outcome of the subsequent trial in the Senate), it would also make him the first president in United States history to be impeached twice. Discussions have been made about possibly convicting Trump in the Senate after he leaves office. However, this has never been constitutionally tested, except for the 1876 trader post scandal, which saw Secretary of War William W. Belknap impeached by the House even after he had already resigned, although he was acquitted by the Senate.[5] As with a resignation, Pence would serve as the shortest-tenured president in American history before handing power to Biden as the 47th president on January 20.

As of the evening of January 7, 2021, over 200 House and Senate members were calling for Trump's removal either via the 25th Amendment or impeachment, as NBC News reported.[6] Speaker Pelosi said the House will impeach Trump for instigating "an armed insurrection against America" if his cabinet does not strip him of his powers and duties, using the 25th Amendment.[7]

As of January 8, Democrats planned to introduce an impeachment resolution on Monday, January 11, and the House Rules Committee was also expected to meet that day or the next "to approve a rule that would govern floor debate for an impeachment resolution and Raskin's bill to create a new mechanism to invoke the 25th Amendment."[8] By late January 9, it was reported that Pence had not ruled out that he might invoke the 25th Amendment.[9][10]

14th Amendment

See also: Fourteenth Amendment to the United States Constitution

The 14th Amendment to the United States is one of the Reconstruction Amendments. It addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress.

Section 3 states:

Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.

Alexandria Ocasio-Cortez was one of the House Democrats that supported invoking the 14th Amendment, and Pelosi thanked her colleagues for their contributions to discussions on the 14th Amendment in a letter to her colleagues.[2]

25th Amendment

See also: Twenty-fifth Amendment to the United States Constitution

The 25th Amendment to the United States Constitution deals with presidential succession and disability. Though the amendment thus far has been used in medical situations, Section 4 provides that the vice president, together with a majority of certain Cabinet officers, may declare the president unable to carry out his duties, after which the vice president immediately assumes the duties of the president.

On the evening of January 6, CBS News reported that Cabinet members were discussing invoking the 25th Amendment.[11] The ten Democrats on the House Judiciary Committee, led by U.S. Representative David Cicilline, sent a letter to Pence to "emphatically urge" him to invoke the 25th Amendment and declare Trump "unable to discharge the powers and duties of his office," claiming that he incited and condoned the riots.[12][13] As of January 7, Pence has not taken a public position on invocation and the level of support this measure commands from members of the Cabinet is unclear. For invocation, Pence and at least eight Cabinet members, comprising a simple majority, would have to consent. Additionally, if challenged by Trump, a second invocation would maintain Pence as acting president, subject to a vote of approval in both houses of Congress, with a two-thirds supermajority necessary in each chamber to sustain.

Cabinet members considering to invoke the 25th Amendment include Vice President Mike Pence,[9][10] Secretary of State Mike Pompeo,[14] and Secretary of the Treasury Steven Mnuchin.[15]

Senator Elizabeth Warren (D–MA) accused DeVos in a tweet of quitting rather than supporting efforts to invoke the 25th Amendment to remove Trump.[16] A Trump administration official disputed Warren's claim.[17] House Majority Whip Jim Clyburn on Friday accused DeVos and Transportation Secretary Elaine Chao of "running away from their responsibility" by resigning from President Trump's Cabinet before invoking the 25th Amendment to remove him from office.[18] Multiple news agencies reported that DeVos was in discussions to invoke the 25th Amendment prior to her resignation.[19] According to an advisor, DeVos decided to resign because she believed that it would not be possible to remove Trump from office under the 25th Amendment, after learning that Vice President Mike Pence opposed calls to invoke the 25th Amendment to oust Trump from office before January 20.[19] By late January 9, it was reported that Pence had not ruled out invoking the 25th Amendment and was actively considering it.[9][needs update]

Raskin bill

The 25th Amendment allows Congress to establish a committee to determine when a president is unfit to serve (section 4 of the Amendment provides that the "declaration that the President is unable to discharge the powers and duties of his office" is made by "the Vice President and a majority of either the principal officers of the executive departments [i.e., the Cabinet] or of such other body as Congress may by law provide").[20] However, such a committee has never been established. In May 2017, Representative Jamie Raskin (D–MD-8) introduced legislation to create a standing, independent, nonpartisan body, called the Oversight Commission on Presidential Capacity, to make such a determination. The bill had 20 cosponsors.[21]

In October 2020, Raskin and Pelosi introduced a similar bill to create a Commission on Presidential Capacity to Discharge the Powers and Duties of Office, to be comprised of 17 members — four physicians, four psychiatrists, four retired Republican statespersons, and four retired Democratic statespersons appointed by congressional leaders (the Speaker of the House, House Minority Leader, Senate Majority Leader, and Senate Minority Leader). "Retired statespersons" would be defined as former presidents, vice presidents, attorneys general, secretaries of state, defense secretaries, Treasury secretaries, and surgeons general.) The committee chair would be appointed by the other members. The bill provides that no members of the Commission could be a current elected official, federal employee, or active or reserve military personnel, a measure intended to avoid conflicts of interest and chain-of-command problems. A majority of the Commission (nine members), plus the vice president, would need to support invoking the 25th Amendment. The bill had 38 cosponsors.[22]

The House Rules Committee is expected to meet January 11 or 12, 2021, to consider this legislation.[23]

Impeachment

See also: Impeachment in the United States and Trump–Raffensperger scandal

The Constitution gives House the sole power of impeachment in Article 1 and the Senate the sole power to try all impeachments.

Ilhan Omar's resolution

Representative Ilhan Omar (D–MN-5) drafted articles of impeachment on January 7. At that time, the resolution was led by Omar and co-led by David Cicilline, Ted Lieu, Al Green, Hank Johnson, Ayanna Pressley, Rashida Tlaib, Vicente Gonzalez, Jamaal Bowman, Mondaire Jones, Veronica Escobar, Alexandria Ocasio-Cortez, and Cori Bush; and cosponsored by about five dozen others.[24] In the early hours of the morning on January 8, Omar posted an excerpt of draft articles of impeachment on her Twitter account, the documents stating that "every single hour that Donald Trump remains in office, our country, our democracy, and our national security remain in danger."[25][26]

"Article I" concerns a January 2, 2021, incident in which Trump "repeatedly asked Georgia Secretary of State Brad Raffensperger to overturn the finalized and verified results of the November 2020 presidential election in the State of Georgia."[26] "Article II" concerns Trump's behavior on January 6, 2021, in which he encouraged travel to Washington, D.C. "with the sole purpose of inciting violence and obstructing Congress in engaging in its constitutionally mandated legislative business of certifying the electoral college results of the 2020 election."[27]

David Cicilline's resolution

Representative David Cicilline (D–RI-1) separately drafted an article of impeachment. The text was obtained by CNN on January 8.[28] On Twitter, Cicilline acknowledged the coauthorship of Ted Lieu and Jamie Raskin,[29] and said that "more than 110" members had signed on to this article.[30] "Article I: Incitement of Insurrection" accuses Trump of having "willfully made statements that encouraged—and foreseeably resulted in—imminent lawless action at the Capitol."[31] As a result of incitement by Trump, "a mob unlawfully breached the Capitol" and "engaged in violent, deadly, destructive, and seditious acts."[32] On January 10, it was announced that the bill had gathered 210 cosponsors in the House.[33]

Support for impeachment or removal

By January 8, 2021, over 200 members of Congress had called for Trump to be either impeached or removed through the methods outlined in the 25th Amendment, which could be effectuated more quickly.[34] Others from media and political organizations have also expressed support for such actions. Any impeachment by the House of Representatives would, for removal, require a trial and conviction in the Senate, with the concurrence of two-thirds of Senators present and voting, during which time Trump would remain in office. As of January 8, the extent of support among Senators for an impeachment process is unclear, particularly given the length of time necessary to organize a trial and the short duration remaining of Trump's presidency.[35] It is possible that the Georgia Senate runoff election results will not be certified until after Biden's inauguration, and, until that certification happens, those two senators-elect (both Democrats) cannot take office and thus cannot vote in a Senate trial on whether Trump should remain in office.[36]

Elected officials

At least 200[34][37] members of Congress have called for Trump to be impeached or stripped of his powers and duties under the 25th Amendment.[38] Other House members, as well as several state officials, have called for Trump's immediate removal by Congress under the 25th Amendment.[39][40][41][42]

Federal elected officials

Democrats

Many House Democrats, including Ilhan Omar, Ayanna Pressley, Seth Moulton, Alexandria Ocasio-Cortez, and Katherine Clark, have called for Trump's immediate impeachment and removal by Congress, or via the 25th Amendment.[39][43][38][44] Speaker of the United States House of Representatives Nancy Pelosi, a Democrat, has urged the removal of Trump via the 25th Amendment, and has said that she is prepared to vote on articles of impeachment if this does not happen.[45] Pelosi said Trump is "a very dangerous person who should not continue in office."[46] In vowing to impeach Trump again if his cabinet doesn't remove him themselves, Pelosi said Trump "incited an armed insurrection against America" and that "the gleeful desecration of the U.S. Capitol, which is the temple of our American democracy, and the violence targeting Congress are horrors that will forever stain our nation's history — instigated by the president."[7]

On January 6, Representatives Ted Lieu and Charlie Crist called on Vice President Mike Pence to remove Trump via the Twenty-fifth Amendment.[41][47] By January 7, Democrat Chuck Schumer, the Senate Minority Leader, had called for Trump's immediate removal from office,[48] as have[when?] many other Democratic members of the U.S. Senate.[34]

Republicans

On January 6, four "senior Republican elected officials" told CNN that they believe Trump should be removed via the 25th Amendment, while two other Republican elected officials said Trump should be removed via impeachment.[42] On January 8, CNN reported that two Republican members of the House, whom they did not name, said they would consider voting for impeachment. One explained: "We experienced the attack; we don’t need long hearings on what happened." [49] On January 8, Republican senator Ben Sasse said he was willing to consider an impeachment because Trump had violated his oath of office.[50]

As of January 9, no Republican senators were publicly calling for Trump's removal from office, according to CNN.[51] However, two Republican senators have called for his voluntary resignation. On January 8, Republican senator Lisa Murkowski of Alaska called on Trump to resign immediately, stating: "I want him out. He has caused enough damage."[52] On January 10, Republican senator Pat Toomey of Pennsylvania, who is not running for reelection in 2022, said that "the best way for our country" would be for Trump "to resign and go away as soon as possible."[53]

Murkowski suggested on January 8 that she might declare herself an Independent, as, "if the Republican Party has become nothing more than the party of Trump, I sincerely question whether this is the party for me."[54] Toomey stated on January 9 that he thinks President Trump "committed impeachable offenses" and that his Republican colleagues should be "soul searching" about their own involvement,[55] but he would not say how he plans to vote if the matter comes to a Senate trial.[56]

As of January 9, the only Republican in the House calling for Trump's removal from office was Adam Kinzinger.[57][51]

State elected officials

Governors

The following governors and lieutenant governors have said that Trump should be removed from office:

Former governors

Administration positions

Federal employees

About 175 career diplomats in the State Department, mostly lawyers, called on Mike Pompeo to support consultations with other cabinet officials on possibly invoking the 25th Amendment to remove the president from office. The cable stated that the president′s actions undermined U.S. foreign policy and democratic institutions.[68]

Former administration officials

Former White House chief of staff John F. Kelly said he would vote to remove Trump if he were still part of the administration.[69]

Media commentators

Yoni Appelbaum (The Atlantic), David French (Time), Austin Sarat, David Frum (The Atlantic)[70] Tom Nichols (USA Today), David Landau, Rosalind Nixon, and Bret Stephens (The New York Times) called for the impeachment of Trump a second time and for him to be disqualified from public office.[71][72][73][74][75][76]

Several conservative commentators, including Meghan McCain, Rod Dreher, Daniel Larison (The American Conservative), John Podhoretz (Commentary), Tiana Lowe and Eddie Scarry (Washington Examiner) expressed their support for the impeachment and/or the invocation of the 25th Amendment to remove Trump from office.[77][78][79][80][81][82] Matthew Continetti, writing in the National Review, also called for Trump's removal from office.[83]

Progressive commentators John Nichols (The Nation) and Matt Ford (The New Republic) also called for Trump to be impeached and disqualified perpetually from public office.[84][85]

Calling the "armed" "storming" of the Capitol an "act of sedition", The Washington Post editorial board wrote that Trump's "continued tenure in office poses a grave threat to U.S. democracy" as well as to public order and national security, and called for Pence to immediately begin the 25th Amendment process to declare Trump "unable to discharge the powers and duties of his office" so that Pence could serve until Biden's inauguration on January 20.[86] In its first-ever staff editorial, The Dispatch stated that Trump had "abused his public office", "violated the public trust", and "incited a violent attack on the Capitol and Congress. He must be removed."[87] The Financial Times editorial board called for Trump to be "held accountable for storming the Capitol."[88] The Wall Street Journal editorial board invited Trump to resign, calling his acts "impeachable" and stating that the President had "crossed a constitutional line that Mr. Trump hasn’t previously crossed."[89]

Other organizations

The Lincoln Project (a political action committee formed by anti-Trump Republicans and former Republicans) called for the House of Representatives and the Senate to "immediately impeach Donald Trump for directing and provoking this attack".[90]

The National Association of Manufacturers also requested Pence to "seriously consider" invoking the 25th Amendment.[91]

Freedom House issued a press release calling for the immediate removal of President Trump, through resignation, the 25th Amendment, or impeachment.[92]

The American Civil Liberties Union (ACLU) called for Trump's impeachment a second time.[93]

March for Science circulated an on-line petition calling for Trump to be reoved immediately, either through the 25th Amendment or impeachment.[94]

Opposition

Senate

Senate Majority Leader Mitch McConnell has argued that the Senate is in pro forma sessions until January 19 and that it cannot take on any business without the unanimous consent of the Senate. According to the Senate rules for impeachment, once articles of impeachment are presented to the Senate, the Senate trial must begin the next day. If these rules are followed, then Trump's trial cannot begin until after Biden's inauguration.[95]

On January 8, Senator Lindsey Graham (R–SC) tweeted that impeachment "will do more harm than good."[96] In a follow-up tweet, he implied that Pelosi and Schumer wanted to impeach Trump because they were concerned about their own political survival.[97]

Others

Retired Harvard Law School professor Alan Dershowitz, who represented Trump during his 2019–2020 impeachment and had endorsed Biden for president in the 2020 election,[98] opposes another impeachment. He stated that Trump "has not committed a constitutionally impeachable offense" and that he "would be honored to once again defend the Constitution against partisan efforts to weaponize it for political purposes."[99]

Former National Security Advisor John Bolton called for Trump's resignation;[100] however, he argued against both invocation of the 25th Amendment and impeachment, claiming that it was a "very bad idea", that the amendment was the "worst drafted" section of the Constitution, and would lead to "two competing presidencies" if invoked and challenged by Trump.[101]

See also

References

  1. ^ "Capitol riot: Democrats seek Trump's removal from office". BBC News. January 7, 2021. Retrieved January 7, 2021.
  2. ^ a b WABC (January 10, 2021). "Rep Alexandria Ocasio-Cortez: 'We came close to half of the House nearly dying' during riots". ABC7 New York. Retrieved January 11, 2021.
  3. ^ Bomboy, Scott (October 12, 2017). "Can the Cabinet "remove" a President using the 25th amendment? - National Constitution Center". National Constitution Center – constitutioncenter.org. Retrieved January 8, 2021.{{cite web}}: CS1 maint: url-status (link)
  4. ^ Moneymaker, Anna (January 7, 2021). "Calls to replace Trump via the 25th Amendment are growing. Here's why it's never happened before". History & Culture. Retrieved January 8, 2021.{{cite web}}: CS1 maint: url-status (link)
  5. ^ Pete Williams (January 8, 2021). "Can Trump be tried in the Senate on impeachment charges even after he leaves office? Some experts say yes". NBC News. Retrieved January 9, 2021.
  6. ^ @BenjySarlin (January 8, 2021). "Now over 200+ House and Senate members calling for Trump's removal via 25A or impeachment per our ongoing tally by @bkamisar @Ed_Demaria @mel_holzberg" (Tweet) – via Twitter.
  7. ^ a b Conradis, Brandon (January 7, 2021). "Pelosi vows to impeach Trump again — if Pence doesn't remove him first". The Hill.
  8. ^ Fox, Lauren, Manu Raju, Jeremy Herb and Daniella Diaz (January 8, 2021). "Democratic momentum builds for potential fast-track impeachment next week". CNN. Retrieved January 9, 2021.{{cite web}}: CS1 maint: multiple names: authors list (link) CS1 maint: url-status (link)
  9. ^ a b c Wang, Jessica (January 10, 2021). "Difference between Trump getting impeached or removed by the 25th Amendment". News.com.au. Retrieved January 10, 2021.{{cite news}}: CS1 maint: url-status (link)
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