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Can Trump be removed from office immediately if Pence uses 25th amendment? OLD

Calls for Vice President Mike Pence to invoke the 25th Amendment to remove President Trump from office is increasing by the minute. 

But how would it actually work?

Section four of the 25th Amendment, ratified in 1967, provides the constitutional ability to immediately remove a president from office. 

If the vice president and a majority of the cabinet agree that the President is unfit for office, they can remove him. All they need to do is submit a letter to Congress. 

The vice president then becomes acting president and stays in the post unless Congress refuses to allow that transfer of power to stand. 

Legal scholars say that section four was drafted to be able to be used in a variety of situations, from the president being kidnapped, falling into a coma or in situations like today where the president in office disputes charges that he is unfit for office, New York Magazine writes.

The problem was that two-thirds of both houses of Congress must vote to allow the vice president to stay in office as acting president. 

But with two weeks left of Mr Trump’s term, that restriction doesn’t apply as only a simple majority in one chamber would allow the vice president to stay in office for 25 days. 

President Trump would still hold the title of president, but without any of the powers, Vox writes.

Mr Pence has been a loyal vice president but after today’s storming of the Capitol, things could finally have become bad enough for him and eight other members of the cabinet to force Mr Trump to leave. 

The fact that the cabinet has a number of people as loyal to the president as Mr Pence has proven to be, makes things more difficult. 

Mr Pence would have four days to respond to this letter, bringing us awfully close to the inauguration of President-elect Joe Biden. 

If Congress failed to act, and were it not for the fact that the end of his term was coming up, Mr Trump would become president yet again after the 21 days that Congress has to decide what to do. 

The House, controlled by Nancy Pelosi and the Democrats, could choose not to act on the dispute for the rest of the term and filibuster any action taken in the Senate, bringing us to January 20 and the start of the presidency of Mr Biden.