Robert Reich: What I Just Heard About the Plot To Oust Trump

[LetMyPeopleVote]

21. Deadline Legal Blog-How the 25th Amendment would work against Trump ....

If the 25th Amendment is invoked (this is not likely), trump remains POTUS and Vance would only be acting President. Vance would have no ability to designate a new VP. Further like in the impeachment process, the Republican-controlled Congress has a role to play.

https://www.ms.now/deadline-white-house/deadline-legal-blog/how-25th-amendment-would-work-trump-iran

Whatever the likelihood of such a move, you might wonder: How would that constitutional process play out?

Section 4 of the amendment gives the vice president and a majority of the Cabinet (or another body designated by Congress) the power to declare that the president “is unable to discharge the powers and duties of his office.” If such a declaration is made here, then Vice President JD Vance would, as the amendment says, “immediately assume the powers and duties of the office as Acting President.”

But that would not end the matter. Section 4, which has never been invoked, goes on to give the president the power to then tell Congress that he’s able to serve. In that case, he regains the office unless the vice president and a majority of the Cabinet (or another body designated by Congress) say he’s unable to serve. If that happens, then it’s up to Congress to decide, with the amendment requiring a two-thirds vote in both chambers, that the president is “unable to discharge the powers and duties of his office.” If Congress makes that determination, the vice president continues acting as president; otherwise, the president resumes serving.

So, although the initial action can come from the White House, Congress ultimately has a role to play, and Republicans control both chambers. ....

Therefore, like the 25th Amendment, impeachment leaves the fate of the country to a Republican party and congressional majority that has been subservient to this president.

trump will NOT be removed under the 25th Amendment. Vance and the cabinet will not remove trump and if they did there is no way that two-thirds of both the Senate and House would support this if trump challenges this removal.

There may some political benefit in trying to shame Vance and the cabinet into invoking the 25th Amendment but I believe that Vance and the assholes in trump's cabinet are immune to shame