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April Ryan, just now: Congressional leaders in an undisclosed location & focusing on 25th Amendment (Original Post) highplainsdem Jan 2021 OP
I don't think the Congress can do that wryter2000 Jan 2021 #1
You are wrong. I believe vp and congress can invoke the 25th Raven123 Jan 2021 #3
I thought the cabinet did it wryter2000 Jan 2021 #9
Either can as i understand Raven123 Jan 2021 #15
Congress would have to pass a law designating a body to make the decision along with the VP onenote Jan 2021 #19
On another thread, a poster put up wnylib Jan 2021 #53
Yes. Pence realizes he is in very gldstwmn Jan 2021 #58
Cabinet decision hatrack Jan 2021 #5
There are several different ways under the 25th Amendment DonaldsRump Jan 2021 #12
Section 4!! Do it right away. We are in crisis! onetexan Jan 2021 #24
This message was self-deleted by its author whopis01 Jan 2021 #39
Congress has not provided for an alternative body.... reACTIONary Jan 2021 #44
VP, Pro Temp, and SOTH can also do it obamanut2012 Jan 2021 #23
Rep Ilhan Omar is drawing up Articles of Impeachment OMGWTF Jan 2021 #46
The 25th amendment states the cabinet or some "such other body Congress by law may provide" Massacure Jan 2021 #14
Correct. Congress has never created that body. tinrobot Jan 2021 #17
It only takes the VP, Pro Temp, and SOTH obamanut2012 Jan 2021 #22
And a two-thirds vote of both houses of Congress. tblue37 Jan 2021 #26
Not exactly - I thought that as well at first. whopis01 Jan 2021 #41
You are correct. It takes the VP... appmanga Jan 2021 #28
the cabinet votes on the 25th BainsBane Jan 2021 #55
Please let this be true. MoonchildCA Jan 2021 #2
Trump is a danger to the US right now. He is a security risk. Irish_Dem Jan 2021 #4
Hawley wil be our new smart trump birdographer Jan 2021 #50
He gambled big today, and lost big. I think he is finished. nt Irish_Dem Jan 2021 #51
Impeach. Voice vote in House, send to new Senate immediately. Midnight Writer Jan 2021 #6
I hope that is just step 1. Step 2 better be custody without bail Under The Radar Jan 2021 #7
. DURHAM D Jan 2021 #8
They can counsel the cabinet to do it. lindysalsagal Jan 2021 #10
25th Amendment would need Pence and the Cabinets ok. Funtatlaguy Jan 2021 #11
someone needs to get rid of trump handmade34 Jan 2021 #13
I am for that. Won't say how though. triron Jan 2021 #25
Good, the VP and Congress have the power to do this. cbdo2007 Jan 2021 #16
Congress would have to pass a law. Trump would wait ten days and veto it onenote Jan 2021 #20
I don't think you're correct in this. Old Crow Jan 2021 #27
If the VP and cabinet agree, that is the case. whopis01 Jan 2021 #43
I was addressing the alternative to having the cabinet support the VP. onenote Jan 2021 #49
Understood now; thanks. (N/T) Old Crow Jan 2021 #60
I am definitely in favor of this, and the sooner the better! n/t CaliforniaPeggy Jan 2021 #18
Great to hear! n/t AntiFascist Jan 2021 #21
I give him 48 Hours. BlueIdaho Jan 2021 #29
How can we get him into a straight jacket? housecat Jan 2021 #31
Better living through chemistry. BlueIdaho Jan 2021 #36
Yes!!!!! Excellent idea housecat Jan 2021 #52
I wouldn't be surprised leftieNanner Jan 2021 #34
On this board. BlueIdaho Jan 2021 #37
We don't have enough time. What else can we use? housecat Jan 2021 #30
Seemed pretty interesting that it was Pence who had to call in the Nat. Guard. Sparkly Jan 2021 #32
It's April Ryan. I believe her. Ilsa Jan 2021 #33
CSpan just reported cabinet secys discussing. Laura PourMeADrink Jan 2021 #48
Things are in motion at last Hekate Jan 2021 #35
Question quakerboy Jan 2021 #38
Interesting question... AmyStrange Jan 2021 #42
Why not? quakerboy Jan 2021 #56
Just my opinion... AmyStrange Jan 2021 #59
The "big brain"? He wouldn't plead insanity. reACTIONary Jan 2021 #45
But if hes removed for it quakerboy Jan 2021 #54
Yep. He could claim to be... reACTIONary Jan 2021 #61
Or just pretend it never happened quakerboy Jan 2021 #62
If this should come to fruition, Mr. Evil Jan 2021 #40
C-SPAN just said cabinet secys meeting on 25th Laura PourMeADrink Jan 2021 #47
They are getting their ducks in gldstwmn Jan 2021 #57

Raven123

(4,869 posts)
15. Either can as i understand
Wed Jan 6, 2021, 07:33 PM
Jan 2021

Artcicle 25 Section 4. Whenever the VP and a majority of either the principal officers of the executive departments of of such other body as Congress may by law provide ... it goes on, but I think this is what you are asking.

onenote

(42,768 posts)
19. Congress would have to pass a law designating a body to make the decision along with the VP
Wed Jan 6, 2021, 07:42 PM
Jan 2021

And Trump could and would sit on the bill for ten days and then veto it. At which point Congress would have to vote again and override it. I think its far from clear that they could do so successfully.

wnylib

(21,612 posts)
53. On another thread, a poster put up
Wed Jan 6, 2021, 10:36 PM
Jan 2021

the wording of the 25th. If I remember correctly, the VP and a majority of the cabinet initiate the procedure. Then it goes to the president pro tempore and Congress follows through with the legal steps.

DonaldsRump

(7,715 posts)
12. There are several different ways under the 25th Amendment
Wed Jan 6, 2021, 07:30 PM
Jan 2021

Presidential Disability and Succession

Passed by Congress July 6, 1965. Ratified February 10, 1967. The 25th Amendment changed a portion of Article II, Section 1

Section 1
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2
Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3
Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

Response to onetexan (Reply #24)

reACTIONary

(5,784 posts)
44. Congress has not provided for an alternative body....
Wed Jan 6, 2021, 09:35 PM
Jan 2021

... there were proposals for such a law, but nothing was passed.

Massacure

(7,526 posts)
14. The 25th amendment states the cabinet or some "such other body Congress by law may provide"
Wed Jan 6, 2021, 07:33 PM
Jan 2021

That said, I'm unaware of of any law previous passed that would allow a body other than the cabinet to remove the President

whopis01

(3,523 posts)
41. Not exactly - I thought that as well at first.
Wed Jan 6, 2021, 09:24 PM
Jan 2021

The President is immediately removed from power, and will be restored to power if both Houses don't make it permanent by a two-thirds vote. There is a 21 day period for that to happen, which would run out the clock on his term.

So, due to the time left, it could be used to remove him for the rest of the term without that vote ever happening.

appmanga

(583 posts)
28. You are correct. It takes the VP...
Wed Jan 6, 2021, 08:49 PM
Jan 2021

...and a majority of the Cabinet. They notify the Senate President Pro Tem and the Speaker of the House, and the VP immediately becomes Acting President.

Irish_Dem

(47,440 posts)
4. Trump is a danger to the US right now. He is a security risk.
Wed Jan 6, 2021, 07:28 PM
Jan 2021

Take a look at Cruz and Halley too.
Benedict Arnolds.

Midnight Writer

(21,803 posts)
6. Impeach. Voice vote in House, send to new Senate immediately.
Wed Jan 6, 2021, 07:28 PM
Jan 2021

If nothing else, we get the ratfuckers on record.

Don't let them move on from this.

Ever.

Under The Radar

(3,404 posts)
7. I hope that is just step 1. Step 2 better be custody without bail
Wed Jan 6, 2021, 07:28 PM
Jan 2021

... for him and his enablers for an attack on the United states

onenote

(42,768 posts)
20. Congress would have to pass a law. Trump would wait ten days and veto it
Wed Jan 6, 2021, 07:44 PM
Jan 2021

And then Congress would have to override the veto, which is far from certain.

Old Crow

(2,212 posts)
27. I don't think you're correct in this.
Wed Jan 6, 2021, 08:48 PM
Jan 2021

The VP and cabinet can remove a president who's lost his mind, so to speak, swiftly. I don't believe the framers of the constitution required a minimum 10-day waiting period to remove a president who's gone berserk. That defies common sense.

whopis01

(3,523 posts)
43. If the VP and cabinet agree, that is the case.
Wed Jan 6, 2021, 09:27 PM
Jan 2021

If the cabinet doesn't agree, then it can only be done if Congress creates a body for that purpose, by law. Since that law has not been enacted it would have to go through the standard procedure, which would take at least 10 days in this case.

I believe the other poster's argument was that Congress and the VP can do it without the cabinet - which is true, but only after that law has been created.

BlueIdaho

(13,582 posts)
37. On this board.
Wed Jan 6, 2021, 09:13 PM
Jan 2021

And not just this post. Rumors probably, but rumors of meeting between House & Senate leadership and Pence. One of the groups capable of enacting the 25th amendment.
Hey - a guy can hope.

Ilsa

(61,698 posts)
33. It's April Ryan. I believe her.
Wed Jan 6, 2021, 09:00 PM
Jan 2021

Sources close to trump say he's lost his mind. He's a danger to national security.

quakerboy

(13,921 posts)
38. Question
Wed Jan 6, 2021, 09:19 PM
Jan 2021

If we managed to go 25th and remove him from office... does that give him some cover from wrong doing while in office(along the lines of not guilty by reason of insanity)?

 

AmyStrange

(7,989 posts)
42. Interesting question...
Wed Jan 6, 2021, 09:27 PM
Jan 2021

-

It could possibly be used as a defense for what happened today, but not for all that other crap he did.
================

quakerboy

(13,921 posts)
56. Why not?
Wed Jan 6, 2021, 11:14 PM
Jan 2021

Anyone really think he has actually declined? Everything happening is consistent through his presidency and before.

reACTIONary

(5,784 posts)
61. Yep. He could claim to be...
Thu Jan 7, 2021, 09:03 AM
Jan 2021

... the greatest insane person ever, with the most perfect , beautiful delusions. Of the "grandeur" sort.

quakerboy

(13,921 posts)
62. Or just pretend it never happened
Thu Jan 7, 2021, 09:14 AM
Jan 2021

Treat it like he treats all his bankruptcys and tax doges.. just making use of the system, nothing to see here

Mr. Evil

(2,856 posts)
40. If this should come to fruition,
Wed Jan 6, 2021, 09:24 PM
Jan 2021

could this be used by his attorneys to claim that he isn't competent enough to stand trial in any of the multiple federal and state charges against him? Could he escape any or all prosecutorial efforts by mental defect (it seems plausible because he is definitely mentally defective)?

gldstwmn

(4,575 posts)
57. They are getting their ducks in
Wed Jan 6, 2021, 11:16 PM
Jan 2021

A row, making sure the Capital is secured and he is going to be removed.
People are shaken. The whole thing has finally hit home for some of them. Someone died today unnecessarily.
It's over.

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