Published 19:30 IST, January 7th 2021
Can Trump be removed from the office before tenure ends? Read how it could work
In the aftermath of US Capitol Siege engulfing the capital in chaos, from Republicans to world leaders across the globe denounced the pro-Trump protesters.
In the aftermath of US Capitol Siege that engulfed the capital in chaos, world leaders have denounced Donald Trump's supporters for breaking into one of the most iconic federal buildings in America. At least 17 lawmakers wrote to US vice president Mike Pence to invoke the 25th amendment, reports also emerged that Trump’s cabinet members discussed the possibility of removing Trump from the office. The Congress convened to certify Joe Biden’s victory but Trump supporters tried to hinder the democratic process by storming inside the building, pounding on the doors, smashing glasses and ensuing violence.
Can Trump be removed from the office?
Just a few days before his tenure ends at White House and Biden is sworn in as the 46th US President, Donald Trump can be removed from the office. The American constitution has two provisions to oust a sitting President. The 25th Amendment and impeachment allowing US VP Mike Pence to take over the presidential office until Biden takes over on January 20.
The 25th Amendment
Ratified in 1967, the 25th Amendment was adopted after the assassination of US President John F. Kennedy in 1963 and primarily deals with presidential succession and disability in the United States. Even though drafters of the 25th Amendment intended for it to be applied if US President is incapacitated or suffers from any form of illness, Cabinet members of Trump discussed the 25th Amendment on Wednesday urging Pence to invoke it. The 25th amendment allows removal of the US President by the vice president and cabinet if he is proven “unable to discharge the powers and duties of his office” and booth chambers let it pass with a two-thirds majority.
Impeachment
Another option remains ‘impeachment’, Trump has already been impeached by the House of Representatives over his call with the Ukrainian counterpart asking the foreign leader to start an investigation into former US VP Joe Biden’s son, Hunter’s company. Impeachment only refers to the lower house in the US, that is the House of Representatives which is controlled by Democrats by bringing charges that US President engaged in a “high crime or misdemeanour” similar to an indictment in a criminal inquiry. If passed in the House, the charges are then moved to the Senate floor. Then, if both chambers pass the bringing charges known as “articles of impeachment” with Senate holding a trial to determine the faults of the President, he can be convicted and removed. Trump was previously impeached by the US House in December 2019 on charges of abuse of power and obstruction of Congress but was acquitted by Republican-controlled Senate.
Updated 19:30 IST, January 7th 2021