When the Senate reconvened on Wednesday after a deadly insurrection by a pro-Trump mob had interrupted Congress’s effort to count the Electoral College vote, Senator Minority Leader Chuck Schumer equated the day’s events to the Japanese sneak-attack on Pearl Harbor-the event that thrust America into the Second World War.
“President Franklin Roosevelt set aside December 7th, 1941 as a date that will live in “infamy.” Unfortunately, we can now add January 6th, 2021 to that very short list of dates in American history that will live, forever, in infamy.”
My colleague, Garrett Epps, equated the MAGA protestors who overran the Capitol with the “slave power” of the Civil War and Reconstruction Eras, and demanded justice, arguing that that we not let a desire for national reconciliation–“our better angels”–seduce us into repeating the errors that led to a century of Jim Crow laws and terror in the South.
Whichever historical analogy you choose, there is a surprisingly broad sentiment that President Trump’s direct role in inciting the sedition should preclude him from serving out the final 13 days of his term.
For example, Jay Timmons, formerly the executive director of the National Republican Senatorial Committee and now president and CEO of the right-leaning National Association of Manufacturers, issued a statement calling for Trump to be immediately removed from office: “Vice President Pence, who was evacuated from the Capitol, should seriously consider working with the Cabinet to invoke the 25th Amendment…because our very system of government, which underpins our very way of life, will crumble…if our leaders refuse to fend off this attack on America and our democracy.”
For context, in 2020, the National Association of Manufacturers gave an award to Ivanka Trump for her “extraordinary support” of American manufacturing.”
The 25th Amendment would allow Pence to “immediately assume the powers and duties of the office” of the presidency” if he and a majority of the Cabinet declare the president is “unable to discharge the powers and duties of his office.” If Trump contested this, Congress would have to settle the matter, with two-thirds of each chamber required to permanently remove him. Under the provisions of the Amendment, the longest the dispute could last is six days—four for Pence to respond to the president and two for Congress to vote.
Of course, this constitutional provision is designed to address a physical health crisis, like the stroke President Woodrow Wilson suffered in October 1919, but it can be invoked for a mental health crisis as well and that’s exactly what Schumer calledon Pence to do on Thursday.
“What happened at the U.S. Capitol yesterday was an insurrection against the United States, incited by the president,” Schumer, D-N.Y., said in a statement on Thursday. “This president should not hold office one day longer.”
“The quickest and most effective way — it can be done today — to remove this president from office would be for the vice president to immediately invoke the 25th amendment,” Schumer said. “If the vice president and the cabinet refuse to stand up, Congress should reconvene to impeach the president,” he added.
Republican columnist Bret Stephens of the New York Times prefers the latter prescription because impeachment allows Congress to disqualify Trump “to hold and enjoy any Office of honor Trust or Profit under the United States” ever again.
Impeach the president and remove him from office now. Ban him forever from office now. Let every American know that, in the age of Trump, there are some things that can never be allowed to stand, most of all Trump himself.
There are advocates from both approaches in Congress. Democratic Reps. David Cicilline (D-RI), Rep. Jaime Raskin (D-MD) and Rep. Ted Liu (D-CA) of the House Judiciary Committee are circulating articles of impeachment, while Republican Rep. Adam Kinzinger released a video called for removal through the 25th Amendment.
Of course, a third option is that Trump follow Richard Nixon’s example and resign. That’s what Republican Governor Phil Scott of Vermont demands, and he calls on either the cabinet or Congress to remove him if he won’t go voluntarily.
For Epps, irrespective of what happens in the next 13 days, what is needed now is resolute boldness, “Until the nation receives a full accounting, and until criminality pays a suitable price, our institutions will lie open, undefended against those who openly aspire to break them up by force.”
There seems to be more consensus for this approach than I would have expected. While many Republicans are sticking with Trump and even advancing conspiracy theories that Antifa, not the president or his supporters, were responsible for the invasion and looting of the Capitol, the GOP voices calling for swift removal and accountability within Congress and the media, and among their business allies, give reason for hope that justice may eventually be rendered.
The president may serve out the remainder of his term, but Epps’s concern that “the impulse of liberal Democrats is to forgive and forget” might not bear out. Joe Biden is a conciliator by nature, but when demands for justice are bipartisan, he can best bring the country together by providing a reckoning for Trump’s actions on the infamous day of January 6.
My reading of Section four of the 25th Amendment is the following timeline:
Pence and the Cabinet invoke the 25th.
Trump contests immediately.
Within four days, Pence and the Cabinet reaffirm their invocation of the 25th.
Congress – which is in recess – must first reconvene and then hear both sides within 48 hours.
Then – and this seems important – they have 21 days to determine the merits of the 25th being invoked. They can simply run out the clock.
Saw this in LA Times today:
Think the 25th Amendment is a solution to the next two weeks? Think again
Even that reading could keep Trump from exercising power for at least a week. The obvious argument is that I doubt there are the votes in the Cabinet to do this.
I see more wishful thinking than evidence here. Trump being held accountable in any way by anyone is something I won’t believe until I’ve seen it.
Whatever is done, I do not want Pence to have the opportunity to pardon Trump. I’d rather risk 2 more weeks than to let a pardon occur. I suspect a self pardon will carry little weight. I think the risk to our country is low. Trump can no longer communicate over his preferred means, and the military is smart enough to stop him starting a war. His credibility is shot on both sides and I want him without a pardon moving forward. Impeach for sure but schedule the senate vote for the last minute of his administration.
I think that maybe I *want* Trump to be able to run for President again in 2024. He’ll be far more of a thorn in the side of the republicans than the rest of us. So if it were up to me I would not impeach him, but instead remove him using the 25th amendment. Then the Southern District of New York can put him in state prison. He can run for office from there. In doing so he will siphon off the crazies and split the republicans in two. The non-crazies that are left will be the new republican party, a minority party for the foreseeable future.
No, no, a thousand times no. Impeached and forbidden to hold federal office again is the best way. He will be a thorn … for Republicans no matter what, don’t leave the goddammed barn door open again.
True, and he certainly needs to be removed now, one way or the other. If impeachment is the only way, so be it. That does have the benefit of putting current repubs on record with their votes for/against Trump one more time.
If there is such bipartisan support for getting rid of the maggot, then do it already. I don’t want to hear that you cannot get Pence on the phone. I don’t care if the maggot says that now he wants a smooth transition. Enough is enough. This cancer must be removed now.
If there were really bipartisan consensus for his removal, I’d be all for it. Even if there’s not, sure, make them cast a vote. But I’ll believe it when I see it. Democrats are meek. Republicans would do it if the shoe were on the other foot.
I believe Trump is afraid of the impeach word. So impeach him, and keep him off balance. Ilhan Omar has already got it prepared.
Thanks, all, for the comments. I’d add that *whether or not* there’s sufficient “bipartisan consensus” to remove Trump for power, Democrats should push every available lever to get Republicans on the record. Force an impeachment vote in the House. Make Republicans choose between party loyalty and the national interest. Attempt to force a vote, even if only a procedural one, in the Senate to force the same choice upon GOP senators.
There’s no way (that I know of) to force Pence and Cabinet members on the record, but use every available means (reporters, this means you too) to try to get them on the record as well.
Look at this video https://youtu.be/jXM6h9elyTY
I think it is key to recognize that for trump and his followers, the riots are thusfar their finest hour. They are getting all of the attention they feel they deserve. They owned the system. They are having a blast and they feel self-righteous too. They really think they have accomplished something great. The leader puts on a stony face, but you know he is loving it. For both trump and his followers, there is every incentive, and even a deep need, to do more of same.
Bi partisan action, 25th A., legal actions, etc. are fine, but the above actors will see no imperative to cease and desist. Trump can continue to whip up his followers, and to game the legal system, and collect cash from his fans, as long as he lives. And his followers will gladly let themselves be whipped up, because they enjoy the exhilaration that comes from acting out.
I’ve got a fear that a strong pushback against trump, whether bi-partisan, or by a strong Biden, or by the legal system, will only serve to let him take on ever more the martyr role.
Probably, but allowing him/them to get away with this with no consequences is not “probably”, but guarantees he/they will repeat similar tactics (& improve their planning, which seems to have been somewhat advanced already).
Don’t let the hostage takers win by default. Action and votes must be taken. The money people are already putting enormous pressure on the elected they’ve supported for years, due to the massive public relations fallout (I highly doubt any have any real ethics left). While the issue is hot, and sentiment is against POTUS, we all must PUSH now to keep that head of steam up. It must be TOXIC to play footsie with white supremacists and it must put people in legal jeopardy to actively support them.
Unfortunately, the video isn’t really evidence of celebration of the actual riot. Newsweek has pointed out that this video was taken before T**** took to stage to address the “rally” and hours before the violence.
https://www.newsweek.com/fact-check-trump-family-hold-capitol-riot-watch-party-1559971