Wolff: The 25th Amendment Is 'Alive Every Day' In Trump's Administration

[DonViejo]

By ESME CRIBB Published JANUARY 7, 2018 10:21 AM

Michael Wolff, the author of “Fire and Fury: Inside the Trump White House,” a book which has since drawn its eponymous response from its equally eponymous subject, on Sunday said that President Donald Trump’s administration is constantly aware of the 25th Amendment.

On NBC News’ “Meet the Press,” Wolff said that staff members brought up the 25th Amendment, which allows for the president’s removal from office if he is unable to do his job, “all the time.”

“Actually, they would say, sort of in the mid-period, ‘We’re not at a 25th Amendment level yet,'” Wolff said. “And then this went on: ‘Okay, this is a little 25th Amendment.’ The 25th Amendment is a concept that is alive every day in the White House.”

Asked whether he violated journalistic off-the-record agreements with sources quoted or cited in his book, Wolff said, “I did not. I absolutely did not.”

-snip-

Link to tweet

http://talkingpointsmemo.com/livewire/wolff-the-25th-amendment-is-alive-every-day-in-white-house

[WPB_dem]

1. The 25th isn't the solution most people think it is ...

The 25th amendment was passed after Pres. Kennedy was shot and people pondered what would happen if he lived but was completely unable to discharge his duties as president.

The 25 doesn't remove the President it just makes the VP the 'Acting President'.

The President can resume his responsibilities by simply sending a written declaration to the President pro temp of the Senate and the Speaker of the House.

The VP and the Cabinet can challenge the President, however. They have four days to submit another declaration that the President is incapacitated and unable to perform his duties. Congress then has 21 days to decide the issue (if they’re already in session; otherwise they have 48 hours to assemble first). This takes a 2/3 majority in each house, so 290 Representatives and 67 Senators who have to vote in favor of the VP. Incidentally, that’s the same number of Senators required to convict in an impeachment trial (hint, hint).

If Congress decides in favor of the President within those 21 days, or makes no decision within that time, the President continues to exercise his duties.

If Congress decides in favor of the Vice President, then the VP continues as “acting President.”

The President is still the President, however, and may submit another letter indicating he is fit to resume his duties, potentially starting the cycle over again. There is no limit to the number of times the President may do this.

The only legal way to remove a sitting President from office is impeachment and conviction.

Had JFK survived in a vegetative condition the 25th would have made LBJ the Acting President and JFK being incapacitated would not have been able to submit the written declaration.

We need to focus on getting candidates lined up to challenge every office on the ballot, getting people registered, getting ID's for people were needed and spending our time money wisely.

Far too much time, energy, and money was spend on fool's errands (recounts, getting elector's to change their vote)

[Gothmog]

2. Trump and the 25th Amendment are evidently discussed a great deal at the WH