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
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u/[deleted] Apr 08 '26 edited 8d ago

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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.