25th amendment and the president who incited an insurrection: a thread

Friends, Romans, countrymen, lend me your ears. I come not to praise Trump, but to bury him. For Ted Cruz is an honorable man. And so are they all, all honorable men. 1/

Okey-day, we all know about how a mob, egged on by our dread sovereign lord president Donaldus Magnus and his bootlicking lackeys, stormed the U.S. capitol earlier this week. 2/

One of the responses to this disgrace has been people calling for the vice president to use the 25th amendment to remove Trump.

The problem is that that's NOT what the 25th amendment (hereafter the 25th) is for. 3/

The 25th was meant to deal with situations where the president is incapacitated. Back when it was passed, people made clear that's what it was for, and while I don't feel like tracking down the quotes right now, it is on the record. 4/

This point is further emphasized by section 3 of the 25th. It provides that the president himself can submit notice to Congress that he cannot discharge his duties, and that until further notice, the VP shall serve as Acting President.

Once the president submits notice that he is fit for duty, he resumes his role.

Then we get to section 4 of the 25th. 6/

It provides that the VP and a majority of the president's cabinet can submit notice to Congress that the president is unable to discharge his duties, in which case the VP temporarily serves as Acting President.

Upon notifying Congress that he is fit for duty, the president will resume his role.

There's more, but those are the important bits.

Now, why would section 4 be necessary if we have section 3? 8/

It's for situations where the president becomes incapacitated without having a chance to submit notice of his indisposition. For example, what if he is in an accident that leaves in him in a come? He can't do it himself, so the VP and cabinet need to be able to do it, too. 9/

The 25th can't remove Trump from office. It's not meant to remove presidents from office. Likewise, it's not meant to punish bad behavior. The 25th was implemented for when the president is unwell, not when he's wicked. That's what the impeachment process is for.

Donald Trump is a horrible human being who bears much responsibility for the late insurrection. But the 25th is absolutely NOT the answer. 11/

Trying to twist the 25th into some sort of easy backdoor form of impeachment in order to punish Trump is the kind of abuse of the constitution "conservatives" supposedly deplore. Donald is a wicked man who has abused his office. 12/

But I just can't see that as justification for a different member of government to abuse power in return.

Finally, one last reason why talking about the 25th here is so stupid. Supposed Pence and the cabinet submit notice to Congress that Trump is unfit. 13/

Because the president is not incapacited in any way, he could immediately submit notice that he is fit for duty. And that would be it. Drink Sprite, play again. 14/

Well, technically, Pence and the cabinet could dispute this by again affirming to Congress that the president is unwell. If that happens, Congress votes on the issue. 15/

Unless 2/3s of the House and 2/3s of the Senate both vote that president is unfit, the VP and cabinet are overruled and the president resumes his duties.

The president has way too many toadies in Congress still for that to happen. 16/

So please, please, please, don't call for Pence to misuse the 25th merely for a useless gesture. 17/17