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Tipsheet

Warren: Trump Administration Officials Have a Duty to Use the 25th Amendment if They Think Trump Is Unfit

AP Photo/Elise Amendola

Sen. Elizabeth Warren (D-MA) remarked Sunday that Trump administration officials have a responsibility under the Constitution to invoke the 25th Amendment and remove the president from office if they believe he cannot fulfill his duties.

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“My point here is that if they believe that Donald Trump cannot fulfill the obligations of his office, then they have a constitutional responsibility to invoke the 25th amendment,” Warren, who is a 2020 Democratic presidential contender, told reporters after a campaign rally in Las Vegas. “Their loyalty under law is not to him personally. It is to the Constitution of the United States and to the people of United States.”

The 25th Amendment, which was ratified following the assassination of President John F. Kennedy, put procedures in place for replacing the president in the event of his death, resignation, removal from office, or incapacitation.

Warren’s remarks come after former Acting FBI Director Andrew McCabe told the press that Deputy Attorney General Rod Rosenstein was “counting votes or possible votes” to determine if Cabinet members would oust Trump under the 25th Amendment. 

McCabe’s spokesperson downplayed those comments.

“To clarify, at no time did Mr. McCabe participate in any extended discussions about the use of the 25th Amendment, nor is he aware of any such discussions,” she said in a statement. “He was present and participated in a discussion that included a comment by Deputy Attorney General Rosenstein regarding the 25th Amendment.”

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Warren alluded to President Trump’s potential removal from his office last week and even hinted he could end up in jail.

“You know, here’s what bothers me,” she commented to supporters in Iowa. “By the time we get to 2020, Donald Trump may not even be president. In fact, he may not even be a free person.”

When asked to elaborate on those remarks, she told reporters, “come on, how many investigations are there now, into him? It’s no longer just the Mueller investigation … These are serious investigations.”

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