Government

The 25th Amendment Is Not A Magic Bullet To Stop Trump, It ALL Comes Back To Republicans In Congress

The anonymous New York Times Op-ed is renewing talk of the 25th Amendment, but it's of no help.

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The New York Times just published an anonymous op-ed from an “inside man,” an allegedly senior White House official who claims they’ve been working from the inside to protect the country from Donald Trump.

Most of it is self-serving claptrap. It’s a bedtime story that a person who chose to risk everything for tax cuts reads to themselves at night to justify their complicity.

But one section is renewing calls for the 25th Amendment to be deployed against this administration.

Given the instability many witnessed, there were early whispers within the cabinet of invoking the 25th Amendment, which would start a complex process for removing the president. But no one wanted to precipitate a constitutional crisis. So we will do what we can to steer the administration in the right direction until — one way or another — it’s over.

The 25th Amendment, which outlines the procedures for removing a President from office because of unfitness or disability, is a fashionable thing to talk about. It’s also relatively useless for our current situation of political polarization.

Here’s Section 4 of the 25th Amendment, which is the section that deals with removing a President against his will. Emphasis mine:

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Section 4.

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit 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, the Vice President shall immediately assume the powers and duties of the office as Acting President.

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.

It’s been said that Impeachment, found in Article II, Section 4 of the Constitution, is a “political” solution. But the 25th Amendment requires an even greater degree of political consensus than impeachment.

First, you have to get the Vice President. The Vice President is almost always going to be of the same party of the President (thanks, 12th Amendment). Then, you have to get the President’s self-appointed cabinet or a special body convened by Congress, to sign off. Maybe this inside actor suggests that there is more support for that than we might ordinarily think.

But, even if all that happens, Donald Trump would have four days to submit a letter saying “no, actually I’m good, and I still want to be President.” At that point Congress has three weeks to vote to remove the President. For removal, 2/3rds of BOTH Houses have to vote for removal.

Impeachment, you’ll remember, only requires a simple majority vote in the House, and 2/3rds of the Senate to convict.

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Even if there is a “blue wave” it’s unlikely that the Democrats are going to get a supermajority in the House. And even if they do, they’ll still have the same problem applying the 25th Amendment in the Senate as they have with getting an impeachment conviction in the Senate.

And all of that is assuming that they can get Mike freaking Pence on board to play Brutus.

The 25th Amendment is no solution, folks. It’s no solution that isn’t already available under impeachment. And if Republicans don’t have the will to remove the President for: colluding with Russia, obstructing justice, advocating white supremacy, and grabbing them by the p***y… then what makes you think Republicans will have the will to remove the President for being “unfit” along the lines contemplated by the 25th Amendment.

This so-called “resister” inside the White House already told you why the Republicans will have no strength to act in the best interests of the country to remove a dangerous President. From the anonymous op-ed:

There are bright spots that the near-ceaseless negative coverage of the administration fails to capture: effective deregulation, historic tax reform, a more robust military and more.

Bright spots! Tax Reform! And More!

Trump 2020. That’s what Republicans will do. Trump is that party now. All else is theater.

I Am Part of the Resistance Inside the Trump Administration [New York Times]

Elie Mystal is the Executive Editor of Above the Law and the Legal Editor for More Perfect. He can be reached @ElieNYC on Twitter, or at elie@abovethelaw.com. He will resist.

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