Latest news with #25thAmendment


Fox News
20 hours ago
- Politics
- Fox News
Issa floats constitutional amendment to let Congress, SCOTUS remove president after Biden health 'cover-up'
Rep. Darrell Issa on Friday suggested that the House should consider taking up a constitutional amendment to make it easier to remove a president who is unable to perform the job in response to the alleged cover-up of former President Joe Biden's declining mental state. Issa, R-Calif., who is a member of the House Judiciary Committee, said that actions taken by Biden administration officials to keep Americans in the dark about his health show that the provisions in the 25th Amendment may be insufficient. That amendment allows the Vice President and the Cabinet to remove a president from his role if he is "unable to discharge the powers and duties of his office." "The initiation was always intended to be the vice president and the cabinet based on the assumption that they would take their oath and their observation seriously and that they were closest to the president to know if that event was needed," Issa told Fox News. "It now looks as though their impartiality can be questioned." Issa added: "If that's the case, the other two branches need to be brought in in some way into the process of asserting that the president may be unable to perform his duties and determining that in a fair and, if necessary, public way." The other two branches in this case would likely be Congress and the Supreme Court. Issa's comments come as the House Oversight Committee is set to interview three Biden administration officials next week about the former president's decline. Former Domestic Policy Council Director Neera Tanden will meet with the committee Tuesday. Former Assistant to the President and Senior Advisor to the First Lady Anthony Bernthal will meet with the committee Thursday. Former White House Physician Dr. Kevin O'Connor will testify under subpoena on Friday. The committee also has interviews scheduled with former administration officials Annie Tomasini and Ashley Williams. And it's seeking interviews with several officials in the Biden inner circle, including former Chief of Staff Ron Klain and former Senior Advisor to the President for Communications Anita Dunn. Also among the questions investigators will have is whether any Biden officials used the autopen to authorize executive actions without the president's permission. The results of that investigation, according to Issa, could help inform exactly how to write this potential constitutional amendment. "What Chairman Comer is doing is extremely important because he's basically doing the fact-finding for the Judiciary Committee, which is going to undoubtedly take up a possible amendment to the 25th Amendment," Issa said. There is a very high threshold to amend the Constitution – a two-thirds vote in each chamber and ratification by three-quarters of states. So, if an amendment does materialize from the Judiciary Committee, it would face a tough road to make it through Congress, even with unified Republican control. But Issa says it's worth making an effort to improve the system. "Since it didn't work, we have to ask, is there another way to make it work better in the future?" he asked.
Yahoo
14-06-2025
- Politics
- Yahoo
Have Presidents Grown Too Powerful To Be Removed From Office?
The cover-up of President Joe Biden's cognitive decline is a scandal "maybe worse than Watergate," CNN's Jake Tapper opined recently. In this case, the key question is: "What didn't the president know and when didn't he know it?" Last week the House Oversight and Government Reform Committee ramped up its efforts to answer these questions. Citing Tapper and Alex Thompson's book, Original Sin: President Biden's Decline, Its Cover-Up, and His Disastrous Choice to Run Again, The committee's chairman, Rep. James Comer (R–Tenn.), issued demand letters to five senior Biden aides and subpoenaed the White House doctor who certified that the president was fit for duty. He clearly wasn't. Even in 2020, Biden struggled to feign lucidity in tightly scripted Zoom town halls. "He couldn't follow the conversation at all," said top Democrats who saw the raw footage; it "was like watching Grandpa who shouldn't be driving." The four Cabinet members who spoke with Tapper and Thompson described equally scripted Cabinet meetings with a president incapable of answering pre-screened questions without the aid of a teleprompter. One recounted being "shocked by how the president was acting" at a 2024 meeting: "'disoriented' and 'out of it,' his mouth agape." One campaign adviser asked himself after a post-debate conversation with Biden: "What are we doing here? This guy can't form a fucking sentence." Put more politely, the president was "unable to discharge the powers and duties of his office"—just cause for removal. "This is why we have the 25th Amendment," Sen. Josh Hawley (R–Mo.) said recently, "it's clear now that it probably should have been invoked from the beginning." That key players instead propped up a semiconscious figurehead, hoping to gaslight their way to reelection, isn't just a scandal—it's a constitutional failure. That failure reveals an uncomfortable truth: As the presidency has grown ever more powerful, even manifestly unfit presidents have become nearly impossible to remove. Ratified in 1967, the 25th Amendment provides two ways the vice president can get the keys from a nonfunctioning president. Under Section 3, the president hands them over voluntarily; under Section 4, the VP can take them away when he or she and a majority of the Cabinet determine that the president is incapacitated. Section 4 was meant to cover cases of "mental debility," as one of the amendment's architects, Rep. Richard Poff (R–Va.), explained, where the president "is unable or unwilling to make any rational decision…particularly the decision to stand aside." Top of mind was avoiding a replay of the Woodrow Wilson debacle. Leveled by a pair of strokes in 1919, the 28th president spent the remainder of his term bedridden and incommunicado while first lady Edith Wilson essentially ran the executive branch of the government. "We dare not let that happen again," Rep. Emanuel Celler (D–N.Y.) warned during the House debate over the 25th amendment. Yet it arguably just did. In the six-decade life of the amendment, Biden's presidency is as close as we've come to the paradigmatic Woodrow Wilson case, complete with a latter-day Edith Wilson—Jill Biden—and a clique of advisers the Biden staff dubbed "the Politburo." An inert president may sound like a libertarian dream. Alas, it's not as if nothing gets done while he's checked out. The New York Times calls concerns about heavy use of the autopen a "conspiracy theory." But if reports from the Heritage Foundation's Oversight Project are accurate, it's at least interesting that, from mid-July 2022 on, most executive orders issued by the administration were signed remotely, even when Biden was in Washington. Despite the Politburo's efforts to conceal the president's decline, the Cabinet knew. At any point, the vice president and eight Cabinet-level "principal officers" could have moved to replace him via Section 4. Why didn't they? For one thing, the 25th Amendment's "eject button" is almost impossible to trigger: Even broaching the possibility risks crashing the plane. Any single Cabinet member who disagrees could "short-circuit the process by informing the President, potentially triggering a cascade of firings." (Something similar happened in 1920, when Wilson's secretary of state, Robert Lansing, was forced out for suggesting a transfer of power to Vice President Thomas Marshall.) Another problem is that even with the support of the Cabinet, it was unclear whether Vice President Harris could garner enough GOP votes in Congress to ratify the switch. Without a supermajority of both Houses, Biden would come back from time-out and the firing frenzy would begin. According to Tapper and Thompson, the 25th Amendment solution was never even considered. Instead, the Politburo's reigning calculus was that Biden "just had to win and then he could disappear for four years—he'd only have to show proof of life every once in a while." Meanwhile, the same people hoping to defraud the electorate subjected the rest of us to lectures about threats to "our democracy." Worse still, it isn't just the 25th Amendment that's broken. The Constitution provides another method for ejecting an unfit president before his term is up: the impeachment process. In the last five years, we've pressure-tested both failsafe mechanisms. Neither one worked. In his first term, President Donald Trump was impeached twice, the second time for provoking a riot while trying to intimidate Congress and his own vice president into overturning the results of an election he lost. Even that enormity didn't earn him conviction and disqualification in the Senate trial. The fact that we've never managed to eject a sitting president via the impeachment process suggests that the framers set the bar for removal—conviction by two-thirds of the Senate—too high. For Section 4 of the 25th Amendment, which requires a supermajority of both houses, the bar is even higher. Lowering the bar to an impeachment conviction—say, to 60 votes—would better protect the public from an abusive president. It would also provide security against a future Biden/Wilson scenario. Though impeachment aims primarily at abuse of power, it was designed as a remedy for presidential unfitness generally: "defending the community against the incapacity, negligence, or perfidy of the Chief Magistrate," as James Madison put it. Properly understood, that covers cases of "mental debility." Of course, that reform faces a dauntingly high bar of its own: It would take a constitutional amendment, the prospects for which are dim. But making presidents easier to fire is only one way to tackle our fundamental problem; the other is to shrink the job. "Incapacity, negligence, and perfidy" in the presidency are bigger threats than ever, because presidents now have the power to reshape vast swaths of American life. They enjoy broad authority to decide what kind of car you can drive, who gets to use which locker room, who is allowed to come to the United States, and whether or not we have a trade war with China—or a hot war with Iran. That's more power than any one fallible human being should have. Making the presidency safe for democracy will require a reform effort on the scale of the post-Watergate Congresses: reining in emergency powers, war powers, the president's authority over international trade, and his ability to make law with the stroke of a pen. It's a heavy lift, but worth the effort. If we're worried about the damage unfit presidents can do, we should give them fewer things to break. The post Have Presidents Grown Too Powerful To Be Removed From Office? appeared first on


News18
12-06-2025
- Politics
- News18
Impeachment Calls Amid Immigration Protests: Can Trump Be Removed As President?
Last Updated: Calls to remove President Trump are growing, but with complex procedures and political roadblocks in place, can these efforts really succeed? Close to 400 individuals have been apprehended amid immigration raid protests in Los Angeles over the past week, particularly following President Donald Trump's deployment of National Guard troops and Marines throughout the city. Trump has mobilised over 4,000 National Guard members and 700 Marines to suppress the protests concerning immigration enforcement. Amid the unrest, a growing chorus—from Democratic lawmakers, activists, and community groups—is calling for President Trump's removal from office. But while removal is legally possible, it faces formidable hurdles. Texas Democratic Congressman Al Green has called for Trump's impeachment, stating that Trump is 'unfit" to hold office given his 34 felony convictions and history of being impeached twice before. Green told reporters that he is in the process of drafting articles of impeachment. Several other Democratic lawmakers, especially from strongly anti-Trump constituencies, have also voiced sharp criticism of Trump's policies and leadership. However, the likelihood of impeachment remains low due to the Republican majority in both the House and the Senate. Several posts on X claim that large-scale protests are erupting in Democrat-led states like New York and California over President Trump's policies on immigration, tariffs and restrictions on foreign students. Some users have even described the situation as 'civil war-like." In California, Trump's immigration measures have sparked widespread anger among immigrant communities and academic institutions, triggering legal action. So far, more than 100 lawsuits and around 50 temporary restraining orders have reportedly been filed challenging various policies introduced by the Trump administration. Although these legal challenges have slowed the implementation of Trump's policies, they are not directly connected to efforts to remove him from office. Impeachment would require significant support in Congress, which is currently lacking. The demand to remove Trump is mostly confined to Democratic strongholds and activist circles. Efforts by lawmakers like Al Green are largely symbolic, with little chance of success given the Republican majority in Congress. While there is significant anger among immigrants, students, and liberal groups, the unrest is not yet widespread enough to pose an immediate threat to Trump's presidency. Can Trump Be Removed From The Post Of President? Yes, Donald Trump can be removed from the post of US President, but this is a complex and extraordinary process that can only happen through the provisions laid down in the US Constitution. This includes impeachment, the 25th Amendment, or pressure from a massive civil movement. In the US, impeachment can be brought against the President through a two-thirds majority in the House of Representatives, but this seems unlikely due to the Republican majority. When And How Can The US President Be Removed And Can It Apply To Trump? Under Article II, Section 4 of the US Constitution, the President can be removed by impeachment for 'treason, bribery, or other serious crimes and misdemeanours." In the first phase, the impeachment motion must pass by a simple majority in the House of Representatives. In the second phase, a trial is held in the Senate, where a two-thirds majority (67 senators) is required for conviction. The Chief Justice presides over the trial. Trump was impeached twice (in 2019 and 2021), but the Senate did not convict him. At present, impeachment seems unlikely due to the Republican majority in the House, making it difficult to get the two-thirds support required. However, public pressure or new evidence could change the situation. What Is The 25th Amendment By Which The President Can Be Removed? The 25th Amendment of the Constitution allows the Vice President and a majority of the Cabinet to declare that the President is unable to perform his duties. After this, the Vice President becomes the acting President. This is unlikely because Vice President JD Vance and most of the Cabinet members are loyal to Trump. A serious reason, such as mental or physical incapacity, is required for this, and there are no clear signs. The 25th Amendment has been used twice in America, but only to temporarily replace the President under Section 3. In 1985, when President Reagan was ill, and later in 2002 and 2007, when President George W. Bush briefly transferred power to the Vice President during medical treatment. In each case, the President resumed his duties afterward. Can The American President Resign Due To Civil Movement Or Pressure? Massive public outrage or political pressure could force Trump to resign, as Richard Nixon did in 1974. top videos View all However, Trump's history shows that he does not easily bow to pressure. His recent controversial decisions, such as the travel ban and the ban on foreign students, have triggered anger among the public and the opposition, but resignation remains unlikely due to his strong support base, especially among Republicans. Cases are ongoing against Trump's decisions. If a major legal violation is proven, impeachment or other actions may begin. Massive protests or electoral pressure (2026 midterm elections) could weaken Trump's position, but they would not directly lead to removal. First Published:
Yahoo
09-06-2025
- Politics
- Yahoo
Gavin Newsom Slams Trump's Arrest Endorsement As 'Authoritarian'
Donald Trump responded positively to a suggestion that California governor Gavin Newsom should be arrested, and, of course, the governor vehemently disagrees. It all started Sunday, when the president responded to reporters about protests going on in Los Angeles over the raids being conducted by ICE in the region. Trump said that officials 'who stand in the way of law and order' will face judges, a remark later supported by border czar Tom Homan. 'You cross that line, it's a felony to knowingly harbor and conceal an illegal alien. It's a felony to impede law enforcement doing their job,' Homan told reporters. Newsom called Homan's bluff on Sunday during an interview with MSNBC. 'He's a tough guy. Why doesn't he do that? He knows where to find me,' Newsom said. 'That kind of bloviating is exhausting. So, Tom, arrest me. Let's go.' On Monday, the president was asked by reporters if he supported Homan arresting Newsom. And, guess what: Trump was all for putting Newsom behind bars even though there is currently no evidence he actually violated any laws ― typically a prerequisite for arrest. 'I would [arrest him] if I was Tom, I think it's great. Gavin likes the publicity, but I think it would be a great thing,' Trump said, in response to a question by Fox News' Peter Doocy. Trump then said that while Newsom has done 'a terrible job,' he admitted he likes the California governor. 'He's a nice guy, but he's grossly incompetent,' Trump said, as shown in the video clip below. "I would do it if I were Tom. I think it's great" -- Trump endorses the arrest of Gov. Gavin Newsom — Aaron Rupar (@atrupar) June 9, 2025 Although Newsom dared Homan to arrest him, he was shocked that Trump endorsed it, and said the president's remarks marked 'a day I hoped I would never see in America.' 'I don't care if you're a Democrat or a Republican this is a line we cannot cross as a nation — this is an unmistakable step toward authoritarianism,' Newsom said. The President of the United States just called for the arrest of a sitting is a day I hoped I would never see in America.I don't care if you're a Democrat or a Republican this is a line we cannot cross as a nation — this is an unmistakable step toward… — Gavin Newsom (@GavinNewsom) June 9, 2025 People on social media were as shocked by Trump's willingness to arrest a sitting governor who hasn't been charged or accused of any crimes. This is a red line, full a President demands the arrest of a sitting Governor for political defiance, we're no longer debating policy, we're staring down authoritarianism. This isn't about party. It's about preserving democracy itself. Every American, left or right,… — Evaristus Odinikaeze (@odinikaeze) June 9, 2025 If Trump arrests a governor I think we're in a major Constitutional crisis. Congress should move immediately to impeach and remove Donald John Trump from power. Or invoke the 25th Amendment because he's clearly insane. — Crazy Fenak (@CrazyFenaker) June 9, 2025 Donald Trump is a wannabe dictator, and he's not even trying to hide it. Let's hope more and more Americans wake up to the danger he poses. — Republicans against Trump (@RpsAgainstTrump) June 9, 2025 A felon calling for you to be arrested is kind of funny, if it wasn't so horrible. — Dan Steiger (@RealFrozz) June 9, 2025 Vice President JD Vance responded to Newsom's post, saying, 'Do your job. That's all we're asking.' Do your job. That's all we're asking. — JD Vance (@JDVance) June 9, 2025 Many of the folks responding to Vance's response felt obliged to mock him. No, you're threatening to arrest your biggest political opponents you goddamn fascists — Liam Nissan™ (@theliamnissan) June 9, 2025 'Do your job,' says the guy whose full-time gig is tweeting from inside a loyalty out here cosplaying as a constitutional scholar while cheering on banana republic tactics like it's just another Monday. — Ultramõrd Sillu (@suunasolkija) June 9, 2025 Arresting Gavin Newsom would be hilarious, but it would help him in 2028. — Cryptid Politics 🇺🇸🐊 (@CryptidPolitics) June 9, 2025 'Arrest Me, Let's Go': Newsom Punches Back At Trump Border Czar Labor Leader's Injury And Arrest In LA ICE Raids Sparks Outrage Trump Sets National Guard On Los Angeles As Protesters Counter Immigration Raids: Live Updates
Yahoo
09-06-2025
- Politics
- Yahoo
Gavin Newsom Slams Trump's Arrest Endorsement As 'Authoritarian'
Donald Trump responded positively to a suggestion that California governor Gavin Newsom should be arrested, and, of course, the governor vehemently disagrees. It all started Sunday, when the president responded to reporters about protests going on in Los Angeles over the raids being conducted by ICE in the region. Trump said that officials 'who stand in the way of law and order' will face judges, a remark later supported by border czar Tom Homan. 'You cross that line, it's a felony to knowingly harbor and conceal an illegal alien. It's a felony to impede law enforcement doing their job,' Homan told reporters. Newsom called Homan's bluff on Sunday during an interview with MSNBC. 'He's a tough guy. Why doesn't he do that? He knows where to find me,' Newsom said. 'That kind of bloviating is exhausting. So, Tom, arrest me. Let's go.' On Monday, the president was asked by reporters if he supported Homan arresting Newsom. And, guess what: Trump was all for putting Newsom behind bars even though there is currently no evidence he actually violated any laws ― typically a prerequisite for arrest. 'I would [arrest him] if I was Tom, I think it's great. Gavin likes the publicity, but I think it would be a great thing,' Trump said, in response to a question by Fox News' Peter Doocy. Trump then said that while Newsom has done 'a terrible job,' he admitted he likes the California governor. 'He's a nice guy, but he's grossly incompetent,' Trump said, as shown in the video clip below. "I would do it if I were Tom. I think it's great" -- Trump endorses the arrest of Gov. Gavin Newsom — Aaron Rupar (@atrupar) June 9, 2025 Although Newsom dared Homan to arrest him, he was shocked that Trump endorsed it, and said the president's remarks marked 'a day I hoped I would never see in America.' 'I don't care if you're a Democrat or a Republican this is a line we cannot cross as a nation — this is an unmistakable step toward authoritarianism,' Newsom said. The President of the United States just called for the arrest of a sitting is a day I hoped I would never see in America.I don't care if you're a Democrat or a Republican this is a line we cannot cross as a nation — this is an unmistakable step toward… — Gavin Newsom (@GavinNewsom) June 9, 2025 People on social media were as shocked by Trump's willingness to arrest a sitting governor who hasn't been charged or accused of any crimes. This is a red line, full a President demands the arrest of a sitting Governor for political defiance, we're no longer debating policy, we're staring down authoritarianism. This isn't about party. It's about preserving democracy itself. Every American, left or right,… — Evaristus Odinikaeze (@odinikaeze) June 9, 2025 If Trump arrests a governor I think we're in a major Constitutional crisis. Congress should move immediately to impeach and remove Donald John Trump from power. Or invoke the 25th Amendment because he's clearly insane. — Crazy Fenak (@CrazyFenaker) June 9, 2025 Donald Trump is a wannabe dictator, and he's not even trying to hide it. Let's hope more and more Americans wake up to the danger he poses. — Republicans against Trump (@RpsAgainstTrump) June 9, 2025 A felon calling for you to be arrested is kind of funny, if it wasn't so horrible. — Dan Steiger (@RealFrozz) June 9, 2025 Vice President JD Vance responded to Newsom's post, saying, 'Do your job. That's all we're asking.' Do your job. That's all we're asking. — JD Vance (@JDVance) June 9, 2025 Many of the folks responding to Vance's response felt obliged to mock him. No, you're threatening to arrest your biggest political opponents you goddamn fascists — Liam Nissan™ (@theliamnissan) June 9, 2025 'Do your job,' says the guy whose full-time gig is tweeting from inside a loyalty out here cosplaying as a constitutional scholar while cheering on banana republic tactics like it's just another Monday. — Ultramõrd Sillu (@suunasolkija) June 9, 2025 Arresting Gavin Newsom would be hilarious, but it would help him in 2028. — Cryptid Politics 🇺🇸🐊 (@CryptidPolitics) June 9, 2025 'Arrest Me, Let's Go': Newsom Punches Back At Trump Border Czar Labor Leader's Injury And Arrest In LA ICE Raids Sparks Outrage Trump Sets National Guard On Los Angeles As Protesters Counter Immigration Raids: Live Updates