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Reuters

The storming of the US Capitol by supporters of President Donald Trump on Wednesday has prompted calls by some lawmakers to remove him from office before President-elect Joe Biden is sworn in on January 20.
The chaotic scenes unfolded after Republican Trump, who has refused to commit to a peaceful transfer of power, addressed thousands of protesters and repeated unfounded claims that the election was stolen from him.
There are two ways to remove a president from office: the 25th Amendment of the US Constitution and impeachment followed by a Senate conviction.
In either scenario, Vice-President Mike Pence would take over until Biden’s inauguration.


What is the 25th Amendment?
The 25th Amendment, ratified in 1967 and adopted in the wake of President John F. Kennedy’s assassination in 1963, deals with presidential succession and disability.
Section 4 addresses situations where a president is unable to do the job but does not step down voluntarily.
The drafters of the 25th Amendment clearly intended for it to apply when a president is incapacitated by a physical or mental illness, experts say. Some scholars have also argued that it could also apply more broadly to a president who is dangerously unfit for office.
For the 25th Amendment to be invoked, Pence and the majority of Trump’s Cabinet would need to declare that Trump is unable to perform the duties of the presidency and remove him. Pence would take over, in that scenario.
How a sparse protest turned into unrest on Capitol Hill
Trump could subsequently declare that he is capable of resuming the job. If Pence and the majority of the Cabinet do not contest Trump’s determination, Trump regains power.
If they dispute Trump’s declaration, the issue would then be decided by Congress, but Pence would continue to act as president until then.


A two-thirds majority of both Chambers would be needed to keep Trump sidelined. But the Democratic-controlled House could simply delay voting on the substantive dispute until Trump’s term ends, said Paul Campos, a professor of constitutional law at the University of Colorado.
Campos said the 25th Amendment would be an appropriate way to remove Trump from office and has the benefit of being quicker than impeachment.
“Pence could instantly become president, whereas impeachment and conviction could take at least a few days,” Campos said.
Can Trump be impeached and removed?
Yes.
A misconception about “impeachment” is that it refers to the removal of a president from office. In fact, impeachment refers only to the House of Representatives, the lower chamber of Congress, bringing charges that a president engaged in a “high crime or misdemeanour” – similar to an indictment in a criminal case.
If a simple majority of the House’s 435 members approves bringing charges, known as “articles of impeachment”, the process moves to the Senate, the upper chamber, which holds a trial to determine the president’s guilt. The Constitution requires a two-thirds vote of the Senate to convict and remove a president.

Articles of impeachment have already been drafted and are ready for introduction. They were prepared and finalized by @IlhanMN while she was extracted in a secure location, and members are signing on. pic.twitter.com/FJCpmp64OV
— Alexandria Ocasio-Cortez (@AOC) January 7, 2021

Trump was previously impeached by the Democratic-led US House in December 2019 on charges of abuse of power and obstruction of Congress stemming from his efforts to pressure Ukraine to investigate Biden and his son.
Trump was acquitted by the Republican-led Senate in February 2020.
What ‘high crime and misdemeanour’ could Trump be accused of?
Frank Bowman, a professor of constitutional law at the University of Missouri, said Trump “arguably fomented sedition”, or an attempted overthrowing of the US government.
But Bowman said Trump could also be impeached for a more general offence: disloyalty to the US Constitution and failing to uphold his oath of office. Congress has discretion in defining a high crime and misdemeanour and is not limited to actual criminal offences.
“The essential offence would be one against the Constitution – one of essentially trying to undermine the lawful results of a lawfully conducted election,” Bowman said.


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US Politics

How could Donald Trump be removed from office - impeachment or 25th Amendment?

A person in a Donald Trump mask gestures as the US president’s supporters gather in Washington on Wednesday. Photo: Reuters

US lawmakers call for Donald Trump’s immediate removal after his ‘incitement’ of Capitol attack

Debris including a “Make America Great Again” hat is cleaned up at the US Capitol after a violent incursion by supporters of Donald Trump. Photo: Reuters

US President Donald Trump (L) stands with senior director for Asian Affairs at the National Security Council, Matthew Pottinger (C), and White House Chief of Staff John Kelly (R) during a veterans meet and greet on the sidelines of the Asia-Pacific Economic Cooperation (APEC) leaders' summit in the central Vietnamese city of Danang on November 10, 2017. World leaders and senior business figures are gathering in the Vietnamese city of Danang this week for the annual 21-member APEC summit. / AFP PHOTO / JIM WATSON

National Guard troops man the grounds outside the U.S. Capitol a day after hundreds of supporters of U.S. President Donald Trump occupied the Capitol in Washington, U.S., January 7, 2021. REUTERS/Erin Scott

WASHINGTON, DC - JANUARY 07: U.S. Supreme Court is seen through a damaged entrance of the U.S. Capitol January 7, 2021 in Washington, DC. The U.S. Congress has finished the certification for President-elect Joe Biden and Vice President-elect Kamala Harris’ electoral college win after pro-Trump mobs stormed the Capitol and temporarily stopped the process. Alex Wong/Getty Images/AFP == FOR NEWSPAPERS, INTERNET, TELCOS & TELEVISION USE ONLY ==

Boris Johnson condemns Donald Trump for fomenting unrest after chaos at US Capitol

Britain’s Prime Minister Boris Johnson attends a virtual press conference from 10 Downing Street on Thursday. Photo: AFP

Manufacturers suggest Donald Trump’s removal as business groups condemn violence at US Capitol

Tear gas is released into a crowd of protesters during clashes with police at the US Capitol Building in Washington on Wednesday. Photo: Reuters

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There are two ways to eject a sitting president, one involving the vice-president and the Cabinet, and the other going through Congress
The storming of the US Capitol has spurred new calls by lawmakers to remove Trump using either option



There are two ways to eject a sitting president, one involving the vice-president and the Cabinet, and the other going through Congress.


Explainers

US presidential election 2020

Donald Trump impeachments

Donald Trump

Joe Biden

United States

Explainers: Politics

Provide background, definition and detail of a specific topic, helping the reader understand how something works or what has happened in the past.  (Eg. What is Nafta? US and Mexico are on the verge of revising trade deal.)


Explainer

Explainer | How could Donald Trump be removed from office - impeachment or 25th Amendment?

There are two ways to eject a sitting president, one involving the vice-president and the Cabinet, and the other going through Congress The storming of the US Capitol has spurred new calls by lawmakers to remove Trump using either option

What is the 25th Amendment?

There are two ways to eject a sitting president, one involving the vice-president and the Cabinet, and the other going through Congress

The storming of the US Capitol has spurred new calls by lawmakers to remove Trump using either option