THE storming of the U.S. Capitol by supporters of President Donald Trump on Wednesday has prompted calls by some lawmakers to remove him from office before President-elect Joe Biden is sworn in on Jan. 20.
The chaotic scenes unfolded after Republican Trump, who has refused to commit to a peaceful transfer of power, addressed thousands of protesters and repeated unfounded claims that the election was stolen from him.
There are two ways to remove a president from office: the 25th Amendment of the U.S. Constitution and impeachment followed by a Senate conviction. In either scenario, Vice President Mike Pence would take over until Biden's inauguration.
A source familiar with the effort said here have been some preliminary discussions among some Cabinet members and Trump allies about invoking the 25th Amendment.
What's the purpose of the 25th Amendment?
The 25th Amendment, ratified in 1967 and adopted in the wake of President John F. Kennedy's assassination in 1963, deals with presidential succession and disability.
Section 4 addresses situations where a president is unable to do the job but does not step down voluntarily.
The drafters of the 25th Amendment clearly intended for it to apply when a president is incapacitated by a physical or mental illness, experts say. Some scholars have also argued that it could also apply more broadly to a president who is dangerously unfit for office.
For the 25th Amendment to be invoked, Pence and the majority of Trump's Cabinet would need to declare that Trump is unable to perform the duties of the presidency and remove him. Pence would take over, in that scenario.
Trump could subsequently declare that he is capable of resuming the job. If Pence and the majority of the Cabinet do not contest Trump's determination, Trump regains power. If they dispute Trump's declaration, the issue would then be decided by Congress, but Pence would continue to act as president until then.
A two-thirds majority of both Chambers would be needed to keep Trump sidelined. But the Democratic-controlled House could simply delay voting on the substantive dispute until Trump's term ends, said Paul Campos, a professor of constitutional law at the University of Colorado.
Campos said the 25th Amendment would be an appropriate way to remove Trump from office and has the benefit of being quicker than impeachment.
"Pence could instantly become president, whereas impeachment and conviction could take at least a few days," Campos said.
Can Trump be impeached and removed?
Yes.
A misconception about “impeachment” is that it refers to the removal of a president from office. In fact, impeachment refers only to the House of Representatives, the lower chamber of Congress, bringing charges that a president engaged in a "high crime or misdemeanor" - similar to an indictment in a criminal case.
If a simple majority of the House’s 435 members approves bringing charges, known as “articles of impeachment,” the process moves to the Senate, the upper chamber, which holds a trial to determine the president’s guilt. The Constitution requires a two-thirds vote of the Senate to convict and remove a president.
Trump was previously impeached by the Democratic-led U.S. House in December 2019 on charges of abuse of power and obstruction of Congress stemming from his efforts to pressure Ukraine to investigate Biden and his son. Trump was acquitted by the Republican-led Senate in February 2020.
What "high crime and misdemeanor" could Trump be accused of?
Frank Bowman, a professor of constitutional law at the University of Missouri, said Trump "arguably fomented sedition," or an attempted overthrowing of the U.S. government.
But Bowman said Trump could also be impeached for a more general offence: disloyalty to the U.S. Constitution and failing to uphold his oath of office. Congress has discretion in defining a high crime and misdemeanor and is not limited to actual criminal offences.
"The essential offence would be one against the Constitution - one of essentially trying to undermine the lawful results of a lawfully conducted election," Bowman said.
Reuters
Thu Jan 07 2021
Members of the National Guard stand guard as supporters of U.S. President Donald Trump gather outside the U.S. Capitol building during a protest against the certification of the 2020 U.S. presidential election results by the U.S. Congress. REUTERSpic
Who is Prabowo Subianto, incoming president of Indonesia?
A wealthy ex-general with ties to Indonesia's popular outgoing president and its dictatorial past, looks set to be its next leader.
Iran's supreme leader says Hamas leader's death will not halt 'Axis of Resistance'
The "Axis of Resistance", built up with years of Iranian support, includes Hamas, the Lebanese Hezbollah group, the Houthi movement in Yemen, and various Shi'ite groups in Iraq and Syria.
Putin says Russia willing to seek compromises between Iran and Israel
Russia is ready to help seek compromises between arch-foes Israel and Iran, President Vladimir Putin said on Friday, saying these would be difficult but possible.
What proposals will Russia push at the BRICS summit?
The proposal is also to establish a BRICS reinsurance company to allow uninterrupted shipment of goods and key commodities between members.
Indonesia's free meals plan in the spotlight as Prabowo readies for office
Prabowo calls the programme one of the main drivers of economic growth, eventually set to add an estimated 2.5 million jobs.
Astro AWANI's revamped English news website, AWANI International, launches on Oct 21
Astro AWANI's revamped English platform delivers in-depth global news and expert analysis to keep you informed on key developments.
Israeli strikes kill 33 people in Jabalia refugee camp in Gaza, medics say
Residents of Jabalia said Israeli tanks had reached the heart of the camp after pushing through suburbs and residential districts.
Liam Payne's ex-partner calls for media restraint after 'painful' death
Cheryl Tweedy used her statement to urge the media to remember they had a seven-year-old son, Bear, who could read the reports.
Analysts: Indonesia's strong MoF leadership team to boost investor confidence
Sri Mulyani Indrawati as head of Indonesia's Ministry of Finance is expected to instil confidence among investors.
Biden offers both a carrot and a stick to Israel as his term nears an end
Israel has frequently resisted US advice and has caused political difficulties for the Biden administration.
Putin says BRICS will generate most of global economic growth
Russian President Vladimir Putin will host a summit of the group in the city of Kazan on Oct. 22-24.
ISIS Malaysia's perspective of Budget 2025
An excellent rakyat-centric budget under the overarching principle of a caring and humane economy.
Budget 2025: Record increase in STR, SARA aid initiatives
The government will provide a significant boost to the Sumbangan Tunai Rahmah (STR) and Sumbangan Asas Rahmah (SARA) initiatives next year.
Budget 2025: EPF contributions to be made mandatory for foreign workers – PM Anwar
The government plans to make it compulsory for all non-citizen workers to contribute to the Employees Provident Fund (EPF).
What policies to expect from Indonesia's new President Prabowo
Prabowo will be open to foreign investment, his aide has said, such as by offering investors management of airports and sea ports.
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS
The Women's Leadership Apprenticeship Program will be intensified as an effort to produce more female corporate personalities.
Israel sends more troops into north Gaza, deepens raid
Residents of Jabalia in northern Gaza said Israeli tanks had reached the heart of the camp, using heavy air and ground fire.
Indonesia ramps up security ahead of Prabowo's inauguration
Prabowo Subianto will be sworn in as Indonesia's president on Sunday with Vice President-elect, Gibran Rakabuming Raka, also taking office.
Immediate allocation of RM150 mil for local authorities, DID to tackle flash floods
Datuk Seri Anwar Ibrahim said this allocation is intended to address the recent flash floods that hit the capital and several major towns.
Budget 2025: Sabah, Sarawak to continue receiving among highest allocations - PM
Sabah and Sarawak continues to be prioritised under Budget 2025, with allocations of RM6.7 billion and RM5.9 billion respectively.