Twenty-five Democratic lawmakers now back a bill that would give them a path to impeach US President Donald Trump,
Axios reported.
The bill would create an Oversight Commission on Presidential Capacity, and it appears to be based on a
loophole in the 25th Amendment which allows for the president to be removed from office if the Vice President and either a majority of Trump’s cabinet or a majority of Congress sign off on it.
The specific language of the relevant section of the amendment reads:
“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.”
John D. Feerick, former dean of Fordham Law School, is one of the chief architects of the 25th Amendment who shepherded it through Congress in the early 1960s.
He
told Business Insider in an earlier interview that the senators who signed the provision into law specified that declaring the president unfit must rely on “reliable facts regarding the president’s physical or mental faculties,” not personal prejudice.
“If you read the debates, it’s also clear that policy and political differences are not included, unpopularity is not included, poor judgment, incompetence, laziness, or impeachable conduct — none of that, you’ll find in the debates in the congressional record, is intended to be covered by Section IV,” Feerick said.
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https://www.businessinsider.com/hou...oe-mika-brzezinski-2017-7#zTJbuQgZSrGijl2O.99