Some people have suggested that Pence could remove Trump from office by invoking the 25th Amendment clause in the Constitution which allows a President to be removed form office if he cannot perform his duties due to being ‘unfit’ for office….
We KNOW he meets the definition…
But most Republican lawmakers do NOT want to get into this which would involve a public and messy political fight for the Presidency….
This should be probably counted out as a means to get Trump to step off the stage…
The anonymous New York Times column by a “senior official in the Trump administration” has people talking about the 25th Amendment again. But the writer is absolutely correct: Trying to remove the president by that mechanism – an idea that apparently was batted around in “early whispers within the cabinet” — would have failed, risking a serious constitutional crisis.
That’s because the relevant portions of the 25th Amendment allowing the removal of a president “who is unable to discharge the powers and duties of his office” are poorly drafted, and are entirely useless for a situation in which the president contests his removal.
Section 4 starts out OK.
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Note that invoking the 25th means the president remains president. 1 Unless Trump subsequently resigned, he would still have the title. He probably would retain the White House, too. That, of course, is appropriate in cases of a temporary disability. But that’s not what we’re talking about in what would certainly be a hostile takeover…..
The bottom line is that the 25th Amendment simply isn’t adequate to the task of removing a president who remains in good enough condition to contest it and wants to do so. Regardless of whether impeaching the president is a serious question, talk of invoking the 25th, even if well-intentioned, is just misguided and dangerous.