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Can President Trump be removed from office or banned from politics altogether? Can President Trump be removed from office or banned from politics altogether?
(2 days later)
Phone footage reveals chaotic scenes inside US CapitolPhone footage reveals chaotic scenes inside US Capitol
After the attack on Congress by a pro-Trump mob, there are growing calls for the president to be removed for "inciting" the riot.After the attack on Congress by a pro-Trump mob, there are growing calls for the president to be removed for "inciting" the riot.
Donald Trump, a Republican, is due to leave office just days from now, on 20 January, when Democrat Joe Biden will be sworn in.Donald Trump, a Republican, is due to leave office just days from now, on 20 January, when Democrat Joe Biden will be sworn in.
But Democrats, including House of Representatives Speaker Nancy Pelosi, want Mr Trump to be held responsible for actions which many say prompted the 6 January riot.But Democrats, including House of Representatives Speaker Nancy Pelosi, want Mr Trump to be held responsible for actions which many say prompted the 6 January riot.
Though it may be too late to remove him before the end of his term, they are still keen to sanction him, potentially depriving him of benefits afforded to former presidents and banning him for any future office. Though it may be too late to remove him before the end of his term, they are still keen to sanction him, potentially depriving him of benefits afforded to former presidents and banning him from office in the future.
There are ways that the president could get his marching orders, although they are unlikely.There are ways that the president could get his marching orders, although they are unlikely.
Let's have a look at them.Let's have a look at them.
The 25th Amendment
The top congressional Democrats - Speaker Pelosi and Senate Democratic leader Chuck Schumer - have urged Vice-President Mike Pence and Mr Trump's cabinet to remove the president for "his incitement of insurrection".
Ms Pelosi is seeking a resolution in the House calling on Mr Pence to invoke the 25th Amendment, with a first vote planned on Monday.
The 25th Amendment allows the vice-president to become acting president when a president is unable to continue his duties, if for example, he or she becomes incapacitated due to a physical or mental illness.
Mr Pence would have 24 hours from the resolution being passed, expected on Tuesday, to invoke the amendment before the House turns to impeachment as a means to remove Mr Trump.
The part of the amendment being discussed is section four, which allows the vice-president and a majority of the cabinet to declare President Trump unable to perform his duties.
Americans 'shocked' and 'disgusted' by riots
A visual guide to the Congress riots
The US Air Force veteran who lost her life in riots
They would need to sign a letter to the speaker of the House and the presiding officer of the Senate declaring the president unfit to govern, or incapable "of discharging the powers and duties of his office". At this point, Mr Pence would automatically take over.
The president is given the chance to offer a written response, and if he contests the finding, then it falls on Congress to decide. Any vote in the Senate and House of Representatives ordering the president's removal requires a two-thirds majority.
Until the issue is resolved, the vice-president would act as president.
However, there has been no indication that Mr Pence, plus at least eight members of the cabinet, support invoking the amendment and there are reports that he is opposed to the move.
Read more: What is the 25th Amendment?
ImpeachmentImpeachment
If the vice-president fails to act, Mrs Pelosi has indicated she would convene the House to launch their second impeachment proceedings against Mr Trump. Democrats are likely to push for a vote later on Wednesday in the House of Representatives.
The president has already been impeached over allegations he sought help from Ukraine to boost his chances of re-election. The Senate acquitted him of these charges.The president has already been impeached over allegations he sought help from Ukraine to boost his chances of re-election. The Senate acquitted him of these charges.
The impeachment saga from beginning to endThe impeachment saga from beginning to end
Mr Trump could become the first president in history to be impeached twice. Now, Mr Trump could become the first president in history to be impeached twice.
For that to happen, impeachment (charges) must be brought to the House and passed in a vote.For that to happen, impeachment (charges) must be brought to the House and passed in a vote.
The case is then passed to the Senate, where a two-thirds vote is necessary for a president's removal. If he is convicted, the Senate could also hold a vote to bar Mr Trump from holding public office again.The case is then passed to the Senate, where a two-thirds vote is necessary for a president's removal. If he is convicted, the Senate could also hold a vote to bar Mr Trump from holding public office again.
He would also lose the benefits granted to his predecessors under the 1958 Former Presidents Act, which include a pension, health insurance and security detail at taxpayers' expense.He would also lose the benefits granted to his predecessors under the 1958 Former Presidents Act, which include a pension, health insurance and security detail at taxpayers' expense.
This milestone has never been reached in US history and there is no indication the Democrats would get those numbers in the Senate, where they only hold half of the seats. This milestone has never been reached in US history and it is unclear if the Democrats would get those numbers in the Senate, where they only hold half of the seats.
A memo from an aide to Senate Republican leader Mitch McConnell says the soonest the upper chamber could take up any articles of impeachment from the House would be on 19 January, the day before Mr Trump's term expires.A memo from an aide to Senate Republican leader Mitch McConnell says the soonest the upper chamber could take up any articles of impeachment from the House would be on 19 January, the day before Mr Trump's term expires.
The document says Senate rules mean the chamber could therefore not begin a trial of Mr Trump until one hour after he had left office, or a day later.The document says Senate rules mean the chamber could therefore not begin a trial of Mr Trump until one hour after he had left office, or a day later.
But senior House Democrats say that the party may not send any articles of impeachment to the Senate until after Mr Biden's first 100 days in office.But senior House Democrats say that the party may not send any articles of impeachment to the Senate until after Mr Biden's first 100 days in office.
That would allow Mr Biden to confirm his new cabinet and kick-start key policies including tackling coronavirus - something that would have to wait if the Senate had already received the impeachment articles.That would allow Mr Biden to confirm his new cabinet and kick-start key policies including tackling coronavirus - something that would have to wait if the Senate had already received the impeachment articles.
Constitutional experts are split on whether impeachment can proceed to a Senate trial after a president has left office.Constitutional experts are split on whether impeachment can proceed to a Senate trial after a president has left office.
Read more: Impeachment: A very simple guide (Written December 2019)Read more: Impeachment: A very simple guide (Written December 2019)
The 25th Amendment
The top congressional Democrats - Speaker Pelosi and Senate Democratic leader Chuck Schumer - had urged Vice-President Mike Pence to invoke the 25th Amendment that would allow him and the Cabinet to strip Mr Trump of his powers for "his incitement of insurrection".
On Tuesday night the House passed a resolution almost entirely along party lines urging the vice-president to invoke the 25th Amendment and "declare what is obvious to a horrified nation: That the president is unable to successfully discharge the duties and powers of his office".
However, in a letter to Ms Pelosi hours earlier, Mr Pence had said he was unwilling to do so.
"I do not believe that such a course of action is in the best interest of our nation," he wrote.
The 25th Amendment allows the vice-president to become acting president when a president is unable to continue his duties, if for example, he or she becomes incapacitated due to a physical or mental illness.
Americans 'shocked' and 'disgusted' by riots
A visual guide to the Congress riots
The US Air Force veteran who lost her life in riots
Read more: What is the 25th Amendment?
Could Trump pardon himself?Could Trump pardon himself?
Media reports, quoting unnamed sources, say Mr Trump has suggested to aides he is considering granting a pardon to himself in the final days of his presidency.Media reports, quoting unnamed sources, say Mr Trump has suggested to aides he is considering granting a pardon to himself in the final days of his presidency.
The president already faces numerous investigations, including New York State inquiries into whether he misled tax authorities, banks or business partners.The president already faces numerous investigations, including New York State inquiries into whether he misled tax authorities, banks or business partners.
Questions mount over security failureQuestions mount over security failure
Who stormed the Capitol?Who stormed the Capitol?
So could the president pardon himself?So could the president pardon himself?
The short answer is we do not know, given the short wording but broad application of the constitution, and the fact there is no precedent for a US leader issuing such a pardon.The short answer is we do not know, given the short wording but broad application of the constitution, and the fact there is no precedent for a US leader issuing such a pardon.
'Treason, traitors and thugs' - the words lawmakers used to describe Capitol riot'Treason, traitors and thugs' - the words lawmakers used to describe Capitol riot
Some legal experts have previously said no, citing an opinion issued by the Justice Department days before Richard Nixon's resignation that he could not pardon himself "under the fundamental rule that no-one may be a judge in his own case".Some legal experts have previously said no, citing an opinion issued by the Justice Department days before Richard Nixon's resignation that he could not pardon himself "under the fundamental rule that no-one may be a judge in his own case".
Others though say the constitution does not preclude a self-pardon.Others though say the constitution does not preclude a self-pardon.
Read more: Could the US president pardon himself? (Written July 2017)Read more: Could the US president pardon himself? (Written July 2017)
How likely is any of this?How likely is any of this?
Although it's possible that a slim majority would vote for impeachment in the House - as happened in December 2019 - it's highly improbable that the required two thirds of the Senate would vote to remove the president. A number of senior Republicans have said they will support a second impeachment, making a vote in favour in the House all the more likely.
A small number of Republican senators have called for Mr Trump to go and said they would consider articles of impeachment, but none have said explicitly that they would convict him of wrongdoing. However, the question is whether the required two thirds of the Senate would vote to remove the president. At least 17 Republican senators would have to vote for conviction.
As for invoking the 25th Amendment, this also seems increasingly unlikely. According to the New York Times, as many as 20 Senate Republicans are open to convicting the president, but the timeline of when a trial could be held is not known.
Although there have been reports that it's been discussed at a senior level, two cabinet members opposed to Mr Trump's actions have now resigned, and those remaining are unlikely to coalesce behind a move to remove him. As for invoking the 25th Amendment, this appears to have been ruled out.