Members of Congress are attempting multiple methods to remove President Trump from office, including the invocation of the 25th Amendment and impeachment.
Elected officials on both sides of the aisle publicly criticized President Trump for encouraging the mob that carried out a violent insurrection on Capitol Hill Wednesday, January 6th. The insurrection took place during Congress’s attempt to formally count the electoral votes for the 2020 Presidential Election. Following one of the bleakest days in American history, several prominent legislators, including Senate Democratic Leader Chuck Schumer and Republican Congressman Adam Kinszinger, called to invoke the 25th Amendment to remove President Trump from office.
The 25th Amendment dictates a line of succession for the presidency. The Vice President shall step in if the President is unfit or unable to serve, due to a number of reasons including but not limited to resignation or death. Representatives will vote on a resolution calling upon Vice President Pence to invoke the 25th Amendment Tuesday, January 12th. Republican Rep. Alex Mooney previously objected to a request for unanimous consent on a resolution calling upon VP Pence to act within 24 hours.
The invocation is unlikely to succeed. The majority of Trump’s cabinet, along with Vice President Pence, would have to write to Congress in favor of the process. Pence has not, thus far, expressed an interest in participating in an invocation of the 25th Amendment. Trump could dispute the invocation in a letter to Congress, and legislators would have 21 days to vote. If the invocation is successful, it would be the first time in history that the 25th Amendment was used to force a sitting president out of office.
Representatives introduced an article of impeachment against President Trump Monday, January 11th. Click here to read the text of the article of impeachment.
The article of impeachment did not come as a surprise, as House Speaker Nancy Pelosi stated that if Vice President Pence did not invoke the 25th Amendment, her caucus would formally call for Trump’s impeachment. This would be the only time a U.S. President has been impeached twice.
The article of impeachment cites Section 3 of the 14th Amendment to the Constitution, which prohibits anyone who has engaged in insurrection or rebellion against the U.S. government from holding office. The article goes on to accuse President Trump of engaging in high crimes and misdemeanors by inciting violence against the government of the United States, detailing Trump’s role in inciting the violence carried out on Capitol Hill January 6th.
The process of impeachment is complex. The House votes to impeach, and the Senate votes to convict. While the House could vote on impeachment as early as Wednesday, January 13th, the trial in the Senate would be unlikely to convict by Wednesday, January 20th, when President-Elect Biden is inaugurated. Despite popular claims spread across social media, President Trump would only lose certain benefits, including a government pension and secret service protection, if he is convicted while in office (which, again, is unlikely). Congress could choose to pass a separate law to take those benefits away from President Trump.
Many legal scholars believe that the Senate could very well hold a trial for impeachment even after a president’s term is complete. Why would Senators spend the time and resources to impeach someone who is no longer in office? Upon conviction, Senators could also vote to bar President Trump from running for federal office in the future. This bar may be of interest to many, including Republicans looking to avoid a Trump 2024 presidential run. Those wondering about the timeline and likelihood of conviction should keep in mind that the dynamics of the Senate are shifting, as Democrats will soon claim a majority.
While many details are yet to be worked out, Women4Change will continue to update members on the process of impeachment.
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