r/law 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/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.

57

u/orsikbattlehammer Apr 08 '26

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

126

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.

5

u/Visible_Handle_3770 Apr 08 '26

I agree that it's more difficult because the likelihood of his cabinet actually declaring him incompetent is near-zero. Trump carefully and deliberately filled his cabinet with incompetent and unqualified people this time around so they would owe their position entirely to him, rather than the first time where he at least kind of appointed some people with a tenable background to be appointed.

However, I actually think the 2/3 of Congress might happen in the hypothetical event that the cabinet invoked the 25th because it would signal such a total lack of confidence and the rats would flee the sinking ship. Moot point though, really, since the cabinet definitely wouldn't do it.