Could President Trump be removed from office? Here's what experts are saying

Thursday, January 7, 2021
PHILADELPHIA (WPVI) -- The violent takeover by Donald Trump supporters and rioters in the nation's capital has prompted lawmakers in both parties to discuss removing the president from office.

Many have mentioned using the 25th Amendment as a possibility.

Local law professors say this move is highly unlikely.

"The important thing to understand about the 25th Amendment is that it is really not designed to reign in a misbehaving president, it is more designed for a president who is physically or possibly mentally, simply unable to act as president," said Kermit Roosevelt, law professor with University of Pennsylvania Law School.

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Use of the 25th Amendment would make Vice President Mike Pence the acting president.

It's not clear that Pence would support the action, and legal experts say with only 13 days left until the Inauguration of President-elect Joe Biden, there is not enough time to go through the process and the anticipated pushback.

"The first thing that would happen is the vice president and cabinet or executive officials would certify the president is not able to serve and then the president could give a counter certification that, in fact, he is able to serve and then that would go to Congress and they have up to 13 days," said Craig Green, Law Professor at Temple University.

Impeachment is also an option, but one that legal minds say likely won't happen.

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What is the 25th amendment? Could it be used? Temple University professor weighs in


"All of this will be swamped by current events. There will be an inauguration before anything happens either impeachment wise or 25th Amendment wise. President Trump is securely the president for the remaining 13 days," said Green.

Despite the outrage over the violence in D.C. and many blaming President Trump for inflaming and encouraging the rioters, experts we talked to say the president will probably not face any legal consequences.

"I don't think we will see legal action. The legal action that I think is most likely is something like tax fraud after he leaves office. I don't think he has significant legal exposure from this event," said Roosevelt.

"There is not much accountability left for President Donald Trump. I think the question is how the people around him will be held accountable in future political context not in legal context," said Green.
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