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The Twenty-fifth Amendment (Amendment XXV) to the United States Constitution says that if the President becomes unable to do his job, the Vice President becomes the President (Section 1) or Acting President (Sections 3 or 4). This can happen for a short period of time, if the President is just sick or disabled for a short time. It could also happen until the end of the President’s term (the President’s time in office), if the President died, resigned, or is “unable to discharge the powers and duties of his office[1]“.
https://simple.wikipedia.org/wiki/Twenty-fifth_Amendment_to_the_United_States_Constitution
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Despite the Capitol riot, doing so would not be “consistent with our Constitution,” the vice president wrote to House Speaker Nancy Pelosi.
Vice President Mike Pence informed House Speaker Nancy Pelosi (D-Calif.) on Tuesday that he would not invoke the 25th Amendment to remove President Donald Trump from office.
“I do not believe that such a course of action is in the best interest of our Nation or consistent with our Constitution,” he said in a letter to the Democrat.
Pence’s announcement comes as House Democrats prepared to vote on a resolution asking the vice president to invoke the amendment, which allows for a process to remove a president unfit to hold office. Invoking the 25th requires the vice president and either a majority of the president’s Cabinet or a review body appointed by Congress to agree to it.
In his letter to Pelosi, Pence preached that this is a time “to come together” and “to heal,” not “further divide and inflame the passions of the moment.”
https://m.huffpost.com/us/entry/us_5ffe45b3c5b66f3f79622d2e?ncid=tweetlnkushpmg00000067
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By Clare Foran, CNN
Updated 1114 GMT (1914 HKT) January 12, 2021
(CNN) The House of Representatives is expected to vote Tuesday on a measure calling for President Donald Trump to be removed from office through the 25th Amendment in the wake of the violent siege of the US Capitol last week.
The resolution, brought forward by Democratic Rep. Jamie Raskin of Maryland, calls on Vice President Mike Pence “to immediately use his powers under section 4 of the 25th Amendment to convene and mobilize the principal officers of the executive departments in the Cabinet to declare what is obvious to a horrified nation: That the President is unable to successfully discharge the duties of his office.”
It further calls on Pence to assume “the powers and duties of the office as Acting President.”Approval of the resolution by the Democratic-led House will stand as a symbolic rebuke to the President as many lawmakers are furious and reeling from the deadly attack on the Capitol by Trump supporters seeking to overturn the results of the 2020 election.
It comes as House Democrats are now moving rapidly toward impeaching the President for a second time as a result of the insurrection, which Trump incited after repeatedly making false claims that the election had been stolen from him and calling for his supporters to fight back.
House Democrats plan to vote Wednesday to impeach Trump, House Majority Leader Steny Hoyer said on a caucus call Monday, setting up an impeachment vote one week after rioters overran Capitol police and breached some of the most secure areas of the Capitol.
The House will vote Tuesday evening on the resolution urging Pence to invoke the 25th Amendment to remove Trump, and then will plan to vote Wednesday at 9 a.m. ET on the impeachment resolution, Hoyer said.
House Speaker Nancy Pelosi said in a statement Monday that Democrats are “calling on the Vice President to respond within 24 hours after passage” of the 25th Amendment resolution.Invoking the 25th Amendment would require Pence and a majority of the Cabinet to vote to remove Trump from office due to his inability to “discharge the powers and duties of his office” — an unprecedented step.
Pence has so far given no indication that he would take that action.
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What to Know About the 25th Amendment
October 3, 2020, 4:30 AM GMT+8 Updated on
The 25th amendment to the U.S. Constitution provides an avenue for a president to be removed from the helm of government — temporarily or for good, willingly or not — when necessary under extraordinary circumstances. At times during President Donald Trump’s tumultuous term, his critics have cited the amendment approvingly, even wishfully, while reviewing what they consider his erratic behavior. The siege of the U.S. Capitol by Trump supporters has again raised the topic, even with Trump in his final weeks as president.
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https://thehill.com/homenews/house/533606-read-articles-of-impeachment-against-trump
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