25th amendment passing could put President Trump out of office

Published: Jan. 7, 2021 at 6:14 PM CST
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LAWTON, Okla. (TNN) - The attacks on the U-S Capitol have started a conversation about using the 25th amendment to remove President Donald Trump just weeks before Inauguration day.

On Thursday, House Speaker Nancy Pelosi, Senate Minority Leader Chuck Schumer and other lawmakers called on Vice President Mike Pence to make the unprecedented move.

The 25th amendment has four sections in it.

Attorney Joe Biscone out of Oklahoma City said the amendment has been used several times in the past, but never for the removal of the President of the United States.

“In the past, it had been used, for example when John Kennedy was shot in 65 when the amendment was adopted they needed a succession. So the 25th amendment came about and section three has been used six times up to this point. Section four has never been used, the Vice President has never in our history tried to remove a President,” Biscone said.

Biscone said the issue with section four is that when the President thinks he can resume office, he can resume.

“Now since we’ve never had section four come up in the past, it’s questionable that if he is removed for his inability to become President, does he have the ability to reinstate himself?” Biscone added.

Biscone said that’s a question that hasn’t been answered yet, but there is still a chance we could get one.

“I think the one way he would use it if the President really exhibited even more extreme signs of mal behavior. Then it could very well be used, at this point today with what I know, I don’t think so,” Biscone said.

On top of that decision, Congress would have to approve it as well. However, there is a 21-day deadline meaning Congress could avoid a vote with it being just two weeks away from President Trump being replaced by President-Elect Joe Biden.

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