I’m watching Morning Joe, and you should hear the anger, the fury, in the voices of the hosts and their guests. There is a lot of talk among the political class about invoking the 25th or impeaching Trump again. There seems to be a lot of agreement that this president cannot go on, not even for another two weeks. It’s too dangerous.
I hope the momentum keeps up. This needs to happen.
T minus 12.
It needs to happen but not because some TV show participants think so. Trump needs to be removed because the VP and Trump's remaining cabinet heads agree it's necessary even if they might prefer impeachment and removal to a 25A process. I can understand their reluctance to try an involuntary 25A removal for the first time when it would be for a psychiatric or neurological impairment at issue.
If those individuals don't think removing Trump from office is beyond necessary to crucially required at this point, then they should be asked why not. They should asked by the incoming majority leader of the US Senate, the outgoing majority leader of the US Senate and the Speaker of the House. As for what Kevin McCarthy (minority leader of the House) might think, we'd be best served by flipping a coin to indicate how he'd weigh in. Maybe we could include the former Speaker of the House; at least from the sidelines, Paul Ryan spoke clearly about the rule of law.
The respondents should be required to answer on record in public, now. Just so we all know why each or any of them thinks this sitting president still capable of governance at this time under the USA's rule of law via the president's own sworn oath to uphold the Constitution and why they decline to deploy the 25A.
Then the House should go ahead and file and pass a second and simple impeachment of Trump and the House managers should walk it to the Senate and the new and former majority leaders of the 117th Senate should jointly urge a speedy trial on the article(s) of impeachment.
If the Senate THIS TIME cannot manage to remove Trump from office for the two remaining weeks of his now clearly incompetent presidency, the wording of the 25th Amendment makes it clear that involuntary removal does not have to be governed solely by decision of the sitting VP and sitting cabinet. It has language to the effect of "or other body as appointed by Congress" -- so let Congress decide if say a 2/3 majority vote in both houses is sufficient guarantee of protection of the people's interests in an involuntary temporary removal of a sitting president for incapacity to govern. Same stipulations as in original language, i.e. prez can self-certify capable immediately but 4 days pass with acting prez in place, then the body that removed him can remove him again for 21 days with acting prez prevailing meanwhile.
In this case by then Biden's inauguration would have occurred.
Let Congress then figure out what they'd do if the necessity for their new law stipulating "other body" capable of a 25A involuntary removal had occurred earlier in a sitting president's term. It's entirely possible the 25A should be amended to better represent all the people's interests as a fallback when a cabinet and VP may for whatever reason prove incapable of making an apparently necessary decision. Amendment of an amendment is a lengthy process (and that's ok too). The people are unfortunately not in a situation right now anyway where it's clear to "most Americans" how any amendment to the 25A should read.