After a pro-Trump mob stormed the Capitol, demands that the president be removed from office or by using the 25th Dismissed Change But how would it work?

The storming of the U.S. Capitol by supporters of Donald Trump on Wednesday prompted some lawmakers to remove him from office before Joe Biden on Jan. January is sworn in

The chaotic scenes that played out after Trump – who was convicted of inciting violence by spreading falsehoods about the elections and refusing to admit defeat – addressed thousands of protesters in Washington and repeated lies in his speech, that his election had been stolen

Events have again raised the question of whether Trump could be declared unfit for office or charged with a criminal offense

There are two ways to remove a president from office: 25 Constitutional amendment and impeachment followed by a Senate conviction In either scenario, Vice President Mike Pence would take over until Biden’s inauguration

Several Democrats appealing the 25th Amendment requesting already calling for such a move, while Ilhan Omar, a Democratic congressman from Minnesota, said she had worked out impeachment procedures. Meanwhile, editorials from the New York Times and Washington Post called for consequences in the form of Trump’s removal

But how would it work and is it even possible? Here’s what you need to know:

The 25 Amendment ratified in 1967 and made after the assassination of John F. Kennedy was adopted in 1963, deals with the succession and disability of the President

Section 4 deals with situations where a president cannot do the job but does not voluntarily resign

The authors of the 25 Amendment clearly intended to apply if a president is incapacitated due to a physical or mental illness, experts say.Some scholars have also argued that the same could apply to a president dangerously unfit for office

So that the 25 If the amendment can be invoked, Pence and the majority of Trump’s cabinet would have to state that Trump is unable to perform the duties of the presidency and remove him in this scenario, Pence would take over

Trump could later declare that he will be able to return to the job If Pence and the majority of the Cabinet do not dispute Trump’s resolve, Trump will regain power If they deny Trump’s statement, the issue would be decided by Congress, however Pence would continue to serve as president until then

A two-thirds majority in both houses of Congress would be required to keep Trump on the sidelines, but the democratically controlled house could simply postpone voting on the material dispute until Trump’s term ends, said Paul Campos, professor of constitutional law at the University of Colorado

Campos said the 25th Change is a reasonable way to remove Trump from office and has the advantage of being faster than impeachment. “Pence could become president immediately, while impeachment and conviction could take at least a few days,” Campos said

One misconception about “impeachment” is that it is removing a president from office. In fact, impeachment applies only to the House of Representatives, the lower chamber of Congress, and charges that a president is in office was involved in a “high felony or misdemeanor” – similar to an indictment in a criminal case

Trump has been charged once and could be charged a second time with another crime

When a simple majority of the 435 members of the House approve the bringing of charges known as “impeachment”, the process is forwarded to the Senate, the upper chamber, for a process to determine the President’s guilt The constitution requires a two-thirds vote from the Senate to condemn and remove a president

Trump was previously charged with abuse of power and obstruction of Congress by the Democratic-run US House in December 2019 for attempting to pressure Ukraine to investigate Biden and his son Trump was elected by the Republican Senate in February 2020 acquitted

Frank Bowman, professor of constitutional law at the University of Missouri, said Trump “appears to have caused an uproar” or an attempted overthrow of the US government

But Bowman said Trump could also be charged with a more general offense: breach of trust with the U.S. Constitution and failure to observe his oath of office, Congress has discretion in defining a high level felony and misdemeanor and is not limited to actual offenses p>

“The main offense would be a breach of the Constitution – an essential attempt to undermine the legitimate results of a lawfully conducted election,” Bowman

said

What is the 25th Change

World News – GB – 25 Change: Can Trump be removed from office before his term ends?

Source: https://www.theguardian.com/us-news/2021/jan/07/can-trump-be-removed-from-office-before-his-term-ends