Massachusetts Sen. Elizabeth Warren, seizing on an explosive op-ed from an anonymous administration official, said Thursday that it’s time to use constitutional powers to remove President Donald Trump office if top officials don’t think he can do the job.
“If senior administration officials think the President of the United States is not able to do his job, then they should invoke the 25th Amendment,” Warren told CNN. “The Constitution provides for a procedure whenever the Vice President and senior officials think the President can’t do his job. It does not provide that senior officials go around the President — take documents off his desk, write anonymous op-eds … Everyone of these officials have sworn to uphold the Constitution of the United States. It’s time for them to do their job.” [Continue reading…]
The anonymous New York Times column by a “senior official in the Trump administration” has people talking about the 25th Amendment again. But the writer is absolutely correct: Trying to remove the president by that mechanism – an idea that apparently was batted around in “early whispers within the cabinet” — would have failed, risking a serious constitutional crisis.
That’s because the relevant portions of the 25th Amendment allowing the removal of a president “who is unable to discharge the powers and duties of his office” are poorly drafted, and are entirely useless for a situation in which the president contests his removal. [Continue reading…]