07 January 2021 16:33

Nancy Pelosi Twenty-fifth Amendment to the United States Constitution Donald Trump

Donald Trump impeached: What is the 25th amendment?

In the wake of the storming of the US Capitol by a pro-Donald Trump mob calling for the results of the 2020 election – now certified – to be overturned, Democrats and some Republicans are calling for the 25th amendment to the constitution to be invoked to remove Trump from office. Under the 25th amendment, if Vice-President Mike Pence – who in recent days has refused to go along with Trump's baseless attempts to override the expressed will of American voters – and a majority of cabinet secretaries or Congress declare Trump "unable to discharge the powers and duties of his office", Pence would replace Trump as acting president until 20 January, when the president-elect Joe Biden will be sworn into office. In part, this is a result of a mechanism in the amendment that requires two-thirds of both houses of Congress to assent to permanently remove the president from office – a non-starter in a Republican-controlled Congress. However, with less than two weeks of Trump's term to go, only a majority of one house of Congress would be required to make Pence acting president until Biden is inaugurated, removing some of the political obstacles in the way of deposition, Campos wrote. Jonathan Swan reports for Axios that "current and former White House and GOP Hill aides, and Republican lobbyists and political consultants" are considering measures to curtail Trump and run down the clock on his tenure, including invoking the 25th amendment.

Trump's vice-president and a majority of his cabinet deciding to remove him from office would represent an extraordinary about-face after four years of turbulent rule marked, above all, by Trump's insistence on unwavering loyalty from his political allies. How the US would invoke legislation to remove Donald Trump after Capitol riots Thousands of President Trump's supporters stormed the US Capitol building on Wednesday as electoral college votes were being counted Lawmakers are discussing the possibility of attempting to remove Donald Trump from office, after thousands of his supporters stormed the US Capitol building in Washington on Wednesday. Earlier in the day President Trump called on protestors to march on the Capitol, where electoral college votes were being tallied to confirm Joe Biden's election victory, and overturn the result. Supporters of President Trump stormed the Capitol building on Wednesday (Photo: Getty) There are two ways President Trump could be removed from office before Mr Biden's inauguration on 20 January. The Democratic-led House previously impeached President Trump on charges of abuse of power and obstruction of Congress in December 2019, but he was acquitted by the Republican-led Senate.

President Trump could be removed from office before the end of his term (Photo: Getty) The amendment reads: "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." Vice President Mike Pence and the majority of President Trump's cabinet would need to declare that he is unfit for office for the amendment to be invoked. Donald Trump supporters seeking to overturn the result of the November presidential election clashed with police at the US Capitol building in Washington DC on Wednesday. The new President-elect Joe Biden condemned Mr Trump's "insurrection" of the violence during which four people died. Mr Trump supporters gathered outside the US Capitol building where members of Congress were meeting to confirm the 2020 election results. Donald Trump impeached: Protesters breached the US Capitol on Wednesday Donald Trump impeached: The 25th amendment would enable the removal of Mr Trump as president The unprecedented breach of the US Capitol building by pro-Donald Trump rioters has led to growing calls for the early removal of Mr Trump from power through Constitutional means.

Donald Trump impeached: Joe Biden has now been officially confirmed as the next US president Both Democratic and Republican lawmakers have tweeted in support of using the 25th amendment to oust Mr Trump from office. US Congressman Ted Lieu tweeted: "He is why the 25th amendment exists when the president has 'lost it.' If Trump doesn't resign, then [vice president] Mike Pence needs to start the process to remove [Donald Trump] ASAP." Mr Lieu later tweeted: "Leadership in the Senate and House are misreading the situation if they simply adjourn after we accept the electoral college results. Donald Trump supporters clashed in the Capitol overnight leading to four deaths as they protested the outcome of the latest US General Election. Following the scenes, there have been discussions and reports on using the US constitution of the 25th Amendment to remove Donald Trump of his presidential title and privileges early. And will Donald Trump be removed from the White House early following the protests?

Donald Trump and the 25th Amendment has been a discussion since the Capitol protests. Will Donald Trump be removed from the White House early? Donald Trump has made a statement since the protests and committed to a peaceful transitions when Joe Biden becomes the official US president.