2021 efforts to remove Donald Trump

The 25th Amendment to the United States Constitution deals with presidential succession and disability. 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. As of the evening of January 7, 2021, over 200 House and Senate members were calling for Trump’s removal. By late January 9, it was reported that Vice President Mike Pence had not ruled out invoking the 25th amendment and was actively considering it.

About 2021 efforts to remove Donald Trump in brief

Summary 2021 efforts to remove Donald TrumpThe 25th Amendment to the United States Constitution deals with presidential succession and disability. 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. As of the evening of January 7, 2021, over 200 House and Senate members were calling for Trump’s removal. By late January 9, it was reported that Vice President Mike Pence had not ruled out invoking the 25th amendment and was actively considering it. If invoked, 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. A Commission on Presidential Capacity would be comprised of 17 members — four psychiatrists, four retired Democratic states, and four retired Republican states. A majority of the Commission would need to support invoking the amendment, plus the president, vice president plus the secretary of state, defense secretaries, Treasury secretaries, and surgeons general. The Commission would be appointed by congressional leaders, and no members of the commission could be a current official, current federal employee, active military personnel, or current military personnel. The commission would be made up of former presidents, retired presidents, attorneys general, and retired state and local police chiefs. It would have the power to strip Trump of his powers and duties immediately under Section 4 of the Twenty-fifth Amendment. If the Commission were established, it would be able to remove Trump from office via impeachment and conviction.

If it were established before January 20, the commission would not have the ability to remove a president from office if he was found to be unfit to serve. The committee would be composed of former governors, former secretaries of state and defense, retired generals, and other members of Congress who would have been appointed by the White House. The panel would also have the authority to remove the president if he is found to have committed a felony or a serious misdemeanor, such as the use of a racial or ethnic epithet, or if he has committed a crime such as ‘deceit’ or ‘crimes against the U.S.’ The commission could also remove him if it found that he had committed a misdemeanor or a felony such as using a racial epithet or using a slur against a former president or state or local police chief. It is unclear how many Cabinet members would have to consent to invoke the amendment to remove him from office, and the level of support this measure would command from them is unclear. In May 2017, Representative Jamie Raskin 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. In October October 2020, Raskins and Pelosi introduced a similar bill to create an Oversight Commission to make the determination. In January 2021, House Speaker Nancy 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.