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Wed Oct 11, 2017, 04:13 PM

Trump reportedly didn't know about the loophole in the 25th Amendment that lets 14 people remove

This discussion thread was locked as off-topic by muriel_volestrangler (a host of the Latest Breaking News forum).

Source: Business Insider

Trump himself reportedly didn't know what the 25th Amendment did. When former adviser Steve Bannon told him it posed the biggest threat to his presidency, according to Vanity Fair, Trump said, "What's that?"

After President John F. Kennedy was assassinated, Congress proposed and the states ratified the 25th Amendment in 1967 to formally outline the transition of power. Before that, the vice president didn't officially have the power to take over.

The amendment states that if the president dies, resigns, or is removed from office, the vice president becomes president. If there is a vacancy in the vice presidency for any reason, the president can choose someone to fill it. And if the president is unable to fulfill his duties like when President George W. Bush was under general anesthesia for colonoscopies in 2002 and 2007 he can temporarily transfer his powers to the vice president, and get them back when he's done.

But Section IV is what some liberals have been frantically searching for more information on, because it could be a way to legally remove Trump from office.

Read more: http://www.businessinsider.com/25th-amendment-how-can-you-remove-president-from-office-2017-3



Section IV says that if Pence and 13 of the 24 Cabinet members provide a "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."

However, that is only a temporary fix. The article goes on to say:

"if two-thirds of both houses of Congress don't vote to uphold the decision and keep the vice president in charge within 21 days, then the powers and duties automatically transfer back to the president.

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Reply Trump reportedly didn't know about the loophole in the 25th Amendment that lets 14 people remove (Original post)
pnwmom Oct 11 OP
Orrex Oct 11 #1
rzemanfl Oct 11 #2
Codeine Oct 11 #3
unblock Oct 11 #4
muriel_volestrangler Oct 11 #5

Response to pnwmom (Original post)

Wed Oct 11, 2017, 04:17 PM

1. Trump doesn't know that you're supposed to wipe your ass after shitting

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Response to Orrex (Reply #1)

Wed Oct 11, 2017, 04:20 PM

2. He thinks it is kissed better like a boo-boo. n/t

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Response to Orrex (Reply #1)

Wed Oct 11, 2017, 04:21 PM

3. And that it's rude to wipe with your Tweeting hand. nt

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Response to pnwmom (Original post)

Wed Oct 11, 2017, 04:26 PM

4. that's only temporary; donnie can immediately reverse that and reclaim the presidency

if pence and a majority of the cabinet invoke the 25th, pence becomes the acting president, but then donnie can deny that he's incapacitated and immediately retake the presidentcy.

if pence and a majority of the cabinet then still want to pursue it, they can ask congress to decide.
congress needs a 2/3rd vote in *both* houses to remove the president by this mechanism.

this means, in practice, that it's actually harder for this to happen than impeachment and removal, which also requires 2/3rds of the senate but only a majority of the house.


imho, this will only happen if donnie actually has a stroke or some other clear medical issue that clearly affect his mental abilities, or speech, etc., that lets them remove him without appearing to oppose him the way impeachment does.



here's the rest of amendment 25 section 4:

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days 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. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

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Response to pnwmom (Original post)

Wed Oct 11, 2017, 04:38 PM

5. Locking - duplicate thread

of https://www.democraticunderground.com/10141887090 - which goes to the actual Vanity Fair article. Please continue discussion there. Thanks.

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