Democratic Rep Floats Idea of Using 25th Amendment to Remove Trump From Office

Leah Barkoukis
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Posted: Feb 21, 2017 8:45 AM
Democratic Rep Floats Idea of Using 25th Amendment to Remove Trump From Office

Some Democrats are so unhappy with President Trump that they’ve moved on from talks of impeachment and are instead bringing up the 25th Amendment as a way to get rid of the commander in chief.

One such Democrat is Congresswoman Jackie Speier, who recently said that if Trump doesn’t start “[acting] presidential,” the 25th Amendment could come into play.

"The 25th Amendment is there to provide a backstop if in fact the president becomes incapacitated," Speier told CNN on Friday.

As Byron York explains, “the 1967 amendment, which has its roots in the Kennedy assassination, covers ways to replace an incapacitated president.”

The Resistance is looking at Section 4 of the 25th Amendment, which would allow the vice president and a majority of cabinet officers, or the vice president and a majority "of such other body as Congress may by law provide," to declare the president unable to serve, making the vice president the acting president. If there is a disagreement — say, the president believes he is able to serve and the vice president and a majority of the cabinet or the other body don't — then Congress decides who will be president.

Anchor Brianna Keilar then wanted clarification as to whether Speier believed Trump to be incapacitated.

"Well, I think that we have got to be very careful," Speier said. "He needs to start acting presidential. He needs to start recognizing that as president you don't go around and shoot down the media, as if it's some kind of a game you're playing. You don't take on people saying nasty things about them. You don't take foreign leaders and hang up the phone with them or besmirch them, as he has with some of the European leaders. I mean, he has got to get a grip. And so the 25th Amendment is there if a president becomes incapacitated.”

The California Democrat continued to talk about times in American history the 25th Amendment would’ve been relevant, such as after Woodrow Wilson suffered a stroke and his wife had to de facto serve as president.

"You are very serious about this?" asked Keilar.

"I'm serious about conveying to the president that he's got to get serious," Speier replied. "That we have efforts underway around the globe attempting to exploit our dysfunction right now. He's got to act presidential."

She’s not alone in her call to use the 25th Amendment to remove Trump from office. Last week Democratic Rep. Earl Blumenauer announced he’s creating "a working group to clarify and strengthen the 25th Amendment,” noting the “erratic behavior out of the White House.”