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Impeachable Offenses?

~ Examining the Case for Removal of the 45th President of the United States

Impeachable Offenses?

Tag Archives: 25th amendment

The Anonymous Letter

06 Thursday Sep 2018

Posted by crosbysamuel in Articles

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25th amendment, Collusion, Fear, Impeachment, incompetence, leak, new york times, president, quiet resistance, removal, resistance, russia, tough, trump, Woodward

The nation is abuzz with talk of the anonymous op-ed piece published by the New York Times. The writer is apparently a senior official in the Trump Administration and names him-or-herself  as part of the “quiet resistance.” The piece describes efforts taken by its author and others to walk-back, avoid, and otherwise subvert the President’s more rash decisions. In essence, it paints Trump as an out-of-control child. Some readers will wonder how this is news; however the piece is significant for several reasons. 1) It corroborates other, similar accounts of the Trump administration, such as those leaked by aides and those written in “Fear,” Bob Woodward’s book; 2)  it simultaneously bolsters and rebuffs the 25th amendment theory of removal. The author of the piece wrote that Trump’s cabinet considered removing the President for incompetence, but ultimately decided against it because “no one wanted to precipitate a constitutional crisis.” This confirms both that at some point use of the 25th amendment was a real possibility and also that it will likely never happen. That being said, confirmation of the President’s incompetence could add strength to other removal proceedings, such as through impeachment in the House; 3) perhaps most importantly, it helps to resolve the mixed relationship the Trump Administration has with Russia. The author wrote that though Trump has complained about Russian sanctions, the ‘resistance’ has worked to ensure it sanctioned and otherwise punished the nation for stepping out of line. Trump has boasted in the past that “there’s never been a president as tough on Russia as I have been.” Now we know that the punitive steps that the Trump Administration has taken towards Russia may very well have had nothing to do with Trump or have been done in spite of him. Though it may seem a small thing in light of evidence mounting elsewhere, this strengthens the case for collusion and could perhaps help to usher in impeachment.

920x920.jpgSusan Walsh, AP

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The President is Not Demented

17 Wednesday Jan 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ 7 Comments

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25th amendment, alzheimer's, cognitive, dementia, exam, impeach, mental, Politics, presidential physician, trump, unfit

Trump apparently requested that his presidential physician perform a cognitive exam on him during his annual physical exam. The exam used was the Montreal Cognitive Assessment, which is used to test for Alzheimer’s and dementia. The President received a perfect score, indicating that he is free of dementia. This result contradicts some recent speculation. Though some have questioned the rigor of the test, it has done its job. It has armed Trump against attacks on his mental fitness, and made removal via the 25th amendment much less likely.

AR-180119380.jpgOlivier Douliery/Abaca Press/TNS

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What to do about Trump’s Mental Health?

03 Wednesday Jan 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ 1 Comment

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25th amendment, dementia, Politics, removal, trump, water

This article from the Atlantic takes a close look at President Trump’s mental health, and the inability of our legal system to deal with a cracked President. Over the past year there has been a lot of speculation as to the President’s capacity, and even calls to utilize the 25th amendment to remove the President should he prove mentally unfit. The President’s tweets (such as the recent one about his ‘nuclear button’), his speech, and even the manner by which he takes a drink of water are all seen as indicators of his lack of mental capacity. But should this speculation prove to be accurate, and Trump actually suffers from some sort of dementia, it seems there is little that can be done. The 25th amendment is the usual mechanism for removing an unfit president, but that requires that the President’s cabinet declare him unfit, and that 2/3 of Congress vote to remove him. That make it an arguably higher standard than impeachment. Therefore, if Trump (continues to) prove himself unfit, it may be that impeachment is still the worried citizen’s best bet.

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A New Approach to the 25th Amendment

18 Monday Sep 2017

Posted by crosbysamuel in Articles, Uncategorized

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25th amendment, bipartisan, Congress, Eric Posner, Politics, politics of impeachment

This article reports on a proposal made by Eric Posner, a professor from the University of Chicago Law School. He suggests that there is enough ambiguity in the 25th amendment’s phrasing, “unable to discharge the powers and duties of his office,” that Congress could remove the President not only for mental instability, but political instability as well. In pursuit of this idea, he recommends that Congress form a bipartisan committee to evaluate whether the removal of President Trump is justified on these grounds. Such a committee would allow the removal of Trump for less heinous crimes than those required for impeachment. Additionally, even if it fails to do that, it would act as a means of reigning Trump in by reminding him of the consequences of his radical politics.

170816104540-02-donald-trump-0815-exlarge-169.jpg

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Representative Requests Mental Exam

28 Monday Aug 2017

Posted by crosbysamuel in Articles, Uncategorized

≈ 1 Comment

Tags

25th amendment, house, mental capicity, Representative

Click here to read about Rep. Zoe Lofgren, a House Democrat, who in pursuit of the 25th Amendment is requesting that President Trump’s cabinet members give him a mental examination to see if he is capable of handling the responsibilites of his position.

920x920.jpgSusan Walsh/Associated Press

 

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Speier and Moore Call for Impeachment

16 Wednesday Aug 2017

Posted by crosbysamuel in Articles, Uncategorized

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25th amendment, moore, representatives, speier

Representatives Speier and Moore have joined those members of the House that are calling for Trump’s impeachment. Click here to read the details.

health_presser007_010616.jpgTom Williams/CQ Roll Call file photo

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Frank O. Bowman, III


Floyd R. Gibson Missouri Endowed Professor of Law
University of Missouri School of Law

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