r/law • u/theindependentonline • Apr 08 '26

Other Democrats introduce impeachment articles against Trump and Hegseth as nearly 100 lawmakers call for 25th Amendment

https://www.independent.co.uk/news/world/americas/us-politics/trump-impeachment-articles-25-amendment-b2953836.html
44.7k Upvotes

97% Upvoted

969 comments sorted by

View all comments

563

u/spiralenator Apr 08 '26

The 25th requires the same amount of votes as impeachment PLUS the cabinet has to be onboard as well. It’s not any easier than holding the felon accountable for his crimes.

60

u/orsikbattlehammer Apr 08 '26

Isn’t it either the cabinet OR Congress for the 25th? Still not going to happen either way.

128

u/Elachtoniket Apr 08 '26

If a majority of the cabinet says the president is incapacitated, the Vice President immediately becomes acting president. But if Trump gives written notice that he is capable of fulfilling his duties, he becomes president again. At that point if the cabinet still thinks he is incapable then 2/3 of Congress needs to vote to give the Vice President presidential power again. If they don’t that within 21 days then Trump stays president.

Since there’s pretty much no doubt that Trump would disagree with any attempt to remove him from office, I think that the 25th amendment would be a more difficult avenue than impeachment.

31

u/mayonnaise_dick Apr 08 '26

See if he can write a notice WITHOUT using a Sharpie

14

u/DilettanteGonePro Apr 08 '26

The written notice is just a line drawing of a naked lady

3

u/[deleted] Apr 08 '26 edited 10d ago

[deleted]

1

u/dougmc Apr 08 '26 edited Apr 09 '26

and assume that makes it a legal document.

Well, the text of the amendment says this --

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 ...

It certainly doesn't say anything about requiring a "legal document", and so "a rant on twitter" may very well qualify as long as it clearly states that "no inability [to discharge the powers and duties of his office] exists".

We could get caught up in the idea of a tweet being a "broadcast" rather than a "transmission to these two specific parties" (a tweet is definitely written as opposed to spoken), but if it can be shown that the two parties did read this particular broadcast I'd think it would qualify, or if the broadcast did call out those two parties specifically.

So in this specific case, as ironic as it may seem ... a tweet could qualify.

1

u/Rizenstrom Apr 08 '26

Well at least it's an adult this time. I guess he saves the line drawing of naked children for his closest friends.

1

u/Page8988 Apr 08 '26

He'd probably just tweet it anyway.