Last call for the 25th Amendment? Trump’s Cabinet won’t depose him but they should – Salon
The president of the United States is relentlessly threatening the right of citizens to exercise their right to vote. He is also saying that he might not leave office if he loses the election, and that the election is "rigged" unless he wins. He also spends most of his days watching television, raging, fulminating, lying, demanding loyalty of those around him, demeaning his political opponentsand trading in conspiracy theories, while creating chaos instead of a plan to addressa pandemic that could take300,000 American lives by the end of the year.
Is such a person fit for this office?Anyoffice?
As has been the caseevery single dayfrom the beginning of this horrific tweet-fest mockery of a presidency: It's 25th Amendment time.
No, of course it won't happen not with the loyalist, anti-democratic ideologues the president has methodically surrounded himself with in his cabinet, likely to this very purpose. But by any objective (i.e., non-cultist) view it should happen before the upcoming election is furtherthrown into chaos to frighten off voters.
It won't happen. But wewould fail our duty to this country if we did not pause to note this fearful moment in time, did not look again at the purpose of this critical amendment, and did not call out the Trump administration's cabinet members who failed to take this step to protect an election and save this democratic republic.
In "The Twenty-Fifth Amendment: Its Complete History and Earliest Applications," by John D. Feerick, the author notes that the framers of the Constitution did not spend much time at the Constitutional Convention in 1787 onthe subject of presidential succession:
They seem to have thought they handled the matter adequately by providing for the office of Vice President and by inserting in the Constitution the following clause on presidential succession:
"In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the same shall devolve on the Vice President, and the Congress may by Law provide the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Office shall act accordingly, until the Disability be removed, or a President shall be elected."
Thisvague language in the Constitution was unworkable in practice and hampered decisions in terms of both presidential inability and vice presidential vacancies. Feerick notes: "For the first 52 years of the existence of the presidency, our nation was remarkably fortunate. No President died in office, although three vacancies did occur in the vice presidency."
As to what constituted "incapacity" of a president, no one could really say. Andin an American tradition, this became a can that would be kicked down the road time and again after each crisis.
Questions on this score arose numerous times. There wasJames Madison, who in the summer of 1813 was "indisposed by illness" for weeks; James Garfield, who survived, incapacitated, for an excruciating 80 days after being shot; Chester Arthur, who was diagnosed with Bright's disease and suffered from "spasmodic nausea, mental depression, and indolence" and who, as a result, developed a very casual approach to his presidency, often not beginning work until noon or one o'clock (which sounds like someone we know); Grover Cleveland, who in the summer of 1893 took a cruise on a yacht and secretly underwent an operation to remove a cancerous growth on the roof of his mouth, which entailed removing a large portion of his upper jaw; William McKinley, who survived an assassin's bullet for about a week; Woodrow Wilson, who fell ill while on a speaking tour in late September 1919 and then, after returning to the capital, suffered a stroke that paralyzed the left side of his body; Franklin D. Roosevelt, who entered his fourth term in 1945 gravely ill and not able to function to his previous level, dying soon after; and Dwight Eisenhower, who had a heart attackin 1955, and then a strokein 1957.
Presidents will, due to ego or a sense of duty, often do anything to hide their incapacities from the public, and even their own cabinet members. Cleveland essentially disappeared for an entiresummer, undergoing two procedures and being fitted with an artificial jaw. (When a letter was published in thePhiladelphia Pressdetailing the operations, it was called a "hoax.") According to Feerick, the first operation took place "while Cleveland was unconscious and strapped to a chair propped up against the yacht's mast." Wilson's condition was hidden from the public, from Congressand from members of his cabinet. Feerick points out thatfrom that time "until the inauguration of Warren G. Harding on March 4, 1921, the country was without the services of an able President." Before running for his fourth term, FDR is said to have made his own new deal with his physician to simply not tell him any bad news.
The need for more clarity as to presidential succession was ultimately prompted by the assassination of John F. Kennedy and the need for a protocol for naming a new vice president once the current vice president had assumed the White Hous. Feerick writes: "Despite vacancies totaling more than thirty-seven years, no serious effort was made to devise a means for filling a vice presidential vacancy until after the assassination of President Kennedy."
The 25th Amendment, written and adopted in 1965 to address this issue, was ratified by the necessary 37 states in February 1967. But the question about what constitutes "inability" remained it was purposely not defined, allowing for interpretation of how a president could become unable to carry out his duties, including due to mental illness.
Sections 1 and 2 deal with succession of the vice president; sections 3 and 4, with the question of inability to carry out the duties of the office.
Section 3 allows for a president who is cognizant of his own impairment to personally inform Congress in writing that he is unable to carry out his duties. Perhaps one might stretch the interpretation of his writing to Congress. Mightthat include writingto the worldendless missives in ALL CAPS rife with misspellings, bad punctuationand excessive use of exclamation points, all of which pointto a level of derangementfar beyond the grammatical?
Seriously, we have a person in the office of the presidency who ismentally and temperamentally unfit for serving the office, as attested to by a petition that wassigned by 350 psychiatrists and mental health experts, and delivered to members of Congress in December 2019.
Yale Medical School professor Dr. Bandy Lee, one of the three authors of the petition (and a frequent interview subject at Salon), described Trump'scontinued embrace of conspiracy theories as actually a public health issue because of his ability to draw members of the public into a "shared psychosis at the national level."
Speaking of mental health experts, Mary Trump, who is the president's niece and a clinical psychologist, and who recently published the bestseller "Too Much and Never Enough: How My Family Created the World's Most Dangerous Man," has said in recent interviews that the best thing anyone could do for Donald Trumpwould be to remove him from office.
And it's not just mental health experts who are worried. National security experts are as well. Just hours before Joe Biden gave his acceptance speech at the Democratic Convention, 73 senior national security officials, nearly all of them Republican, attested to the unfitness of the current occupant of the White House.
In the infamous "Anonymous"2017 op-edpublished inThe New York Times, a senior Trump official wrote: "From the White House to executive branch departments and agencies, senior officials will privately admit their daily disbelief at the commander in chief's comments and actions. Most are working to insulate their operations from his whims."
But in the spinning wheel of the Trump administration, many of those officials are gone now,and it is not enough(norwas it ever) to try to shield the country from his worst impulses, which have both deepened and darkened. White supremacists and QAnon followers are just fine folks to him and he openly appeals to them. He and members of his campaign staff worked, sometimes gleefully, with Russian agents to win the last election. It didn't take a three-year bipartisan investigation to tell us that; any moderately intelligent child would have come to this conclusion from the moment candidate Trump said during a press conference, "Russia, if you're listening " (No, he wasn't joking.) He has continued to make such appeals to foreign leaders to interfere in our election.
Finding himself behind in the polls, Trump'sauthoritarian impulses are running hot, and he repeatedly broadcasts his threats to bring down our democracy. He speaks privately with Russian President Vladimir Putin, who no doubt is providing guidance to an eager disciple on the dismal arts of demagoguery and authoritarian rule.
Trump not only threatens mail-in voting, he is now threatening in-person voting, saying he will be sending thugs of one sort or another to oversee matters.
There's not time enough before the election for another impeachment, and, really, what would be the point?
Like Alexandria Ocasio-Cortez, I was a bartender in New York City (in my few years trying to be an actor), and I still know when the time has come for a last call. Section 4 of the amendment provides for the vice president and a majority of principal officers of the executive departments to make a formal declaration to Congress of a president's inability to serve. It gets complicated from that point. Essentially the president can counter, and the vice president and amajority of the cabinet must then re-counter. And then two-thirds of both houses of Congress have to agree.
So, to you, Vice President Pence, secretaries Pompeo, Mnuchin, Esper, Barr, Bernhardt, Perdue, Ross, Scalia, Azar, Carson, Chao, Brouillette, DeVos andWilke:
Last call for the 25th Amendment. Do your duty. Give up on this election for the sake of having future elections in the country you profess to love, before all is lost.
We well understand that you won't. But that's not to say that it should not be done. Because it should. We cannot wait for the election, because the president himself has put the electionin peril. Thiswould give Congress one last chance to do its duty, too though at an evenhigher standard thanimpeachment, which only requires a majority in the House.
When Benjamin Franklin was asked by Elizabeth Willing Powel of Philadelphia a "lady remarkable for her understanding and wit," according to a contemporary what kind of government he had helped to found, he told her: "A republic,ifyou can keep it." Now the question must be asked again: Can we?
Read the rest here:
Last call for the 25th Amendment? Trump's Cabinet won't depose him but they should - Salon
- Actions of federal government are upending the due process of the Fifth Amendment [letter] - LancasterOnline - August 24th, 2025 [August 24th, 2025]
- WATCH: Second Biden official invokes the Fifth Amendment during House deposition - InsideNoVa.com - August 1st, 2025 [August 1st, 2025]
- Biden officials are hiding behind Fifth Amendment to avoid incrimination, congressman says - MSN - July 24th, 2025 [July 24th, 2025]
- Another Biden aide invokes Fifth Amendment in deposition before House panel - Rural Radio Network - July 24th, 2025 [July 24th, 2025]
- Third Biden aide invokes Fifth Amendment in House probe of former president's cognitive decline - alphanews.org - July 22nd, 2025 [July 22nd, 2025]
- Bernal invokes Fifth Amendment, refuses to testify in Biden's mental health in probe - KOKH - July 22nd, 2025 [July 22nd, 2025]
- Bernal invokes Fifth Amendment, refuses to testify in Biden's mental health in probe - WPEC - July 22nd, 2025 [July 22nd, 2025]
- Another Biden aide invokes Fifth Amendment in deposition before House panel - Good Morning America - July 22nd, 2025 [July 22nd, 2025]
- House Republicans face mounting resistance as third ex-Biden WH aide pleads Fifth Amendment - AOL.com - July 22nd, 2025 [July 22nd, 2025]
- House Republicans face mounting resistance as third ex-Biden WH aide pleads Fifth Amendment - Fox News - July 20th, 2025 [July 20th, 2025]
- Biden aides look to Fifth Amendment as autopen probe widens - The Washington Post - July 20th, 2025 [July 20th, 2025]
- WATCH: Second Biden official invokes the Fifth Amendment during House deposition - The Center Square - July 20th, 2025 [July 20th, 2025]
- Trumps FBI Director Grilled on What He Thinks Fifth Amendment Says - MSN - July 20th, 2025 [July 20th, 2025]
- Annie Tomasini Invoked Her Fifth Amendment Right in Response to Questions - themercury.com - July 20th, 2025 [July 20th, 2025]
- Annie Tomasini Invoked Her Fifth Amendment Right in Response to Questions - Purdue Exponent - July 20th, 2025 [July 20th, 2025]
- Bernal invokes Fifth Amendment, refuses to testify in Biden's mental health in probe - WPDE - July 20th, 2025 [July 20th, 2025]
- Biden doctor Kevin OConnor invokes Fifth Amendment when asked if he lied about ex-prezs health - MSN - July 20th, 2025 [July 20th, 2025]
- Third Biden witness invokes Fifth Amendment during House deposition - Iosco County News Herald - July 20th, 2025 [July 20th, 2025]
- FNF: Anthony Bernal Invoked His Fifth Amendment Right in Response to Questions - WV News - July 20th, 2025 [July 20th, 2025]
- Another Biden aide invokes Fifth Amendment in deposition before House panel - MSN - July 20th, 2025 [July 20th, 2025]
- FNF: Anthony Bernal Invoked His Fifth Amendment Right in Response to Questions - Purdue Exponent - July 18th, 2025 [July 18th, 2025]
- Bernal invokes Fifth Amendment, refuses to testify in Biden's mental health in probe - KFOX - July 18th, 2025 [July 18th, 2025]
- Bernal invokes Fifth Amendment, refuses to testify in Biden's mental health in probe - WOAI - July 18th, 2025 [July 18th, 2025]
- Fmr. Jill Biden aide pleads the fifth amendment - LiveNOW from FOX - July 18th, 2025 [July 18th, 2025]
- Second Biden official invokes the Fifth Amendment during House deposition - Read Lion - July 18th, 2025 [July 18th, 2025]
- FNF: Anthony Bernal Invoked His Fifth Amendment Right in Response to Questions - Citizen Tribune - July 18th, 2025 [July 18th, 2025]
- Trumps history with the Fifth Amendment still isnt doing his allies any favors - MSNBC News - July 16th, 2025 [July 16th, 2025]
- Requiring man to unlock phone with fingerprint violated Fifth Amendment, court says - Oswego County News Now - July 16th, 2025 [July 16th, 2025]
- Former White House Physician Pleads the Fifth Amendment at House Hearing - The Presidential Prayer Team - July 12th, 2025 [July 12th, 2025]
- Maddow Blog | Trumps history with the Fifth Amendment still isnt doing his allies any favors - Yahoo News - July 12th, 2025 [July 12th, 2025]
- Broadcaster and commentator Josh Bernstein criticises a former White House doctor who treated former US President Joe Biden, after the doctor invoked... - July 12th, 2025 [July 12th, 2025]
- Alert: Biden's former doctor refuses to answer questions in House testimony, citing patient privilege and the Fifth Amendment - Connecticut Post - July 10th, 2025 [July 10th, 2025]
- Biden's former doctor refuses to answer questions in House testimony, citing patient privilege and the Fifth Amendment - Yahoo - July 10th, 2025 [July 10th, 2025]
- Trumps FBI Director Grilled on What He Thinks Fifth Amendment Says - The New Republic - May 11th, 2025 [May 11th, 2025]
- 'Turtleboy' blogger invokes Fifth Amendment in connection with Karen Read case - WCVB - April 18th, 2025 [April 18th, 2025]
- Woman accused of performing illegal abortions invokes Fifth Amendment right, posts bond - KHOU.com - March 28th, 2025 [March 28th, 2025]
- Are Your BYOD Policies Fifth Amendment-Ready? The Growing Tension Between Biometrics & Individual Rights - Corporate Compliance Insights - March 13th, 2025 [March 13th, 2025]
- Patel Invoked the Fifth Amendment in a Case Tied to Trump - The New York Times - February 5th, 2025 [February 5th, 2025]
- Trump says he took the Fifth Amendment in NY investigation - Central Oregon Daily - February 5th, 2025 [February 5th, 2025]
- Travis Kelce avoids answering the most compromising question about Taylor Swift and pleads the fifth amendment - Marca English - February 5th, 2025 [February 5th, 2025]
- Do presidential pardons remove the Fifth Amendment rights of recipients? - National Constitution Center - January 26th, 2025 [January 26th, 2025]
- Biden preemptively pardons Fauci, creating Fifth Amendment trouble for him - MSN - January 22nd, 2025 [January 22nd, 2025]
- Biden preemptively pardons Fauci, creating Fifth Amendment trouble for him - Washington Examiner - January 22nd, 2025 [January 22nd, 2025]
- Ex-IU doctor Brad Bomba Sr. invoked Fifth Amendment 45 times in deposition over alleged abuse - Yahoo! Voices - December 18th, 2024 [December 18th, 2024]
- President Muizzu ratifies the fifth amendment to the Criminal Procedure Act - The Edition - December 18th, 2024 [December 18th, 2024]
- Doctor accused of abusing Indiana University athletes repeatedly invokes Fifth Amendment in deposition - NBC News - December 16th, 2024 [December 16th, 2024]
- Ex-IU doctor Brad Bomba Sr. invoked Fifth Amendment 45 times in deposition over alleged abuse - The Herald-Times - December 16th, 2024 [December 16th, 2024]
- The Constitution: The Twenty-Fifth Amendment - Houston Public Media - November 28th, 2024 [November 28th, 2024]
- Karen Read accused of weaponizing Fifth Amendment by seeking to delay civil trial - CBS Boston - October 31st, 2024 [October 31st, 2024]
- Mother and grandmother of Willacy County murder victim invoke Fifth Amendment during trial - KRGV - August 20th, 2024 [August 20th, 2024]
- This Is What the Twenty-fifth Amendment Was Designed For - The New Yorker - July 4th, 2024 [July 4th, 2024]
- Young Thug trial: State witness held in contempt, taken into custody - The Atlanta Journal Constitution - June 12th, 2024 [June 12th, 2024]
- That's Not How Pleading The Fifth Works - Above the Law - June 12th, 2024 [June 12th, 2024]
- Why was Lil Woody arrested? Rapper invokes Fifth Amendment against self-incrimination to avoid testifying in Young ... - Sportskeeda - June 12th, 2024 [June 12th, 2024]
- New Ad Taunts Trump: 'Take the Stand, Donald, or Admit You're a Coward' - The New York Times - May 18th, 2024 [May 18th, 2024]
- How Democrats In Arizona Are Damaging The Fifth Amendment - The Daily Wire - May 1st, 2024 [May 1st, 2024]
- Social Media Platforms Have Property Rights Too - Reason - April 16th, 2024 [April 16th, 2024]
- Utah high court rules suspects don't have to provide police with phone passcodes - The Record from Recorded Future News - December 21st, 2023 [December 21st, 2023]
- Utah Supreme Court says accused don't have to share cellphone passwords with police - Salt Lake Tribune - December 21st, 2023 [December 21st, 2023]
- High court must uphold constitutional taking clause to protect ... - The Midwest Center for Investigative Reporting - November 9th, 2023 [November 9th, 2023]
- Jump Crypto chief pled Fifth over alleged backroom Do Kwon deal - Protos - November 9th, 2023 [November 9th, 2023]
- Donald Trump civil trial in Manhattan: Maybe he's not trying to win ... - Slate - November 9th, 2023 [November 9th, 2023]
- Commission weighs whether to discipline Illinois judge who ... - St. Louis Post-Dispatch - November 9th, 2023 [November 9th, 2023]
- Smith Sentenced To Probation In Break-In At Sheriff's Residence - wkdzradio.com - November 9th, 2023 [November 9th, 2023]
- SCOTUS accepts 43 cases this term; 20 scheduled for argument so ... - Ballotpedia News - November 9th, 2023 [November 9th, 2023]
- Movie Review - Anatomy of a Fall | The-m-report | wboc.com - WBOC TV 16 - November 9th, 2023 [November 9th, 2023]
- Another Result Before It Happens: The Trump Civil Case In New York - Above the Law - November 9th, 2023 [November 9th, 2023]
- The inherent American rights involved during and after an arrest - FOX 29 - June 15th, 2023 [June 15th, 2023]
- She was killed walking home. Two men are now on trial for her ... - CBS 6 News Richmond WTVR - June 15th, 2023 [June 15th, 2023]
- Are Abortion Bans Takings? - Reason - June 15th, 2023 [June 15th, 2023]
- Ex-San Francisco Official Offers Alibi for One of Series of Bear-Spray ... - The San Francisco Standard - June 15th, 2023 [June 15th, 2023]
- Road project threatens preserved farmland | News | dailycourier.com - Front Page - June 15th, 2023 [June 15th, 2023]
- Teacher, accused of seven felonies, pleads his case to Grand Island ... - Grand Island Independent - June 15th, 2023 [June 15th, 2023]
- "That is a crime of cinema": After Saving Vin Diesel's Career With an ... - FandomWire - June 15th, 2023 [June 15th, 2023]
- There Is No 'Moving On' From Corruption, by Laura Hollis - Creators Syndicate - June 15th, 2023 [June 15th, 2023]
- Left-wing Democrats Running Roughshod Over Constitutional ... - The New York Sun - June 15th, 2023 [June 15th, 2023]
- Tether SEC Action? USDT Selling Floods Liquidity Pools in Wake of ... - CCN.com - June 15th, 2023 [June 15th, 2023]
- Essential Education: Professor, attorney discuss importance of ... - LA Downtown News Online - June 4th, 2023 [June 4th, 2023]
- Inside The Murder Of Kristin Smart And How Her Killer Was Caught - All That's Interesting - June 4th, 2023 [June 4th, 2023]
- Louisiana's Sabine River Authority Not Entitled To Sovereign Immunity - The Energy Law Blog - May 27th, 2023 [May 27th, 2023]