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kpete

(71,986 posts)
Tue Mar 7, 2017, 07:12 PM Mar 2017

TIME: "Congress can remove Donald Trump from office without impeaching him"




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......there are two ways that Congress could still act on this provision.

The first approach would be to appoint a panel of independent medical practitioners to judge the health of American presidents. Former president Jimmy Carter has been a strong advocate for this approach, noting the advanced age and poor health of many U.S. presidents. Since the 1990s, Carter has expressed particular concern about the conflict of interests faced by the personal physicians to the President, who might otherwise be tasked with making a determination about medical fitness. These physicians often have personal relationships with the presidents they treat. (Carter’s was his tennis partner.) This seems to be the case with President Trump, whose own personal physician, Dr. Harold Bornstein, famously wrote a bizarre four-paragraph letter raving about Trump’s “astonishingly excellent” health. He later said that he wrote this letter in five minutes while riding in a limousine paid for by Trump himself.

A second approach would be for Congress to appoint a body with no medical expertise whatsoever. Because the 25th Amendment does not require a medical diagnosis or consultation with medical professionals, Congress could even appoint members of its own ranks to the panel. This approach could give Congress the ability to enforce its own criteria for presidential fitness. For example, Congress could deem the President “unable to discharge the powers and duties of his office” if he is unable to be trusted with classified information by intelligence agencies. Congress could even use the threat of removal to exercise additional leverage over the President’s actions.

This approach would raise grave constitutional and moral questions about the proper role of Congress in our democracy. Moreover, in addition to sign-off from the Vice President, this path would likely require supermajorities in both houses of Congress to override a presidential veto, further underscoring the improbability of such a move.

Despite the long odds, President Trump’s erratic behavior in recent weeks has led many — including constitutional scholar and Harvard Law Professor Laurence Tribe — to start talking about whether the President is fit to discharge the duties of his office under the meaning of the 25th Amendment. While such conversations may be premature, it is important to understand the constitutional mechanisms that would allow removal of a president if a broad bipartisan consensus emerges that he or she is unable to lead our nation.In the heat of the 2016 Presidential campaign, Donald Trump’s physician assured the American people that his 70-year old patient would be “the healthiest individual ever elected to the presidency.” Congress might have a different opinion.



http://time.com/4692507/congress-remove-donald-trump-impeachment/?xid=time_socialflow_twitter
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Luciferous

(6,078 posts)
2. Well since so many of the Republicans are backing up his crazy ass I don't see it
Tue Mar 7, 2017, 07:16 PM
Mar 2017

happening any time soon...

question everything

(47,476 posts)
3. Unfortunately, as poll after poll tell us, close to 90% Republicans love him
Tue Mar 7, 2017, 07:16 PM
Mar 2017

this means, the constituents of members of Congress.

The crazier he appears, the more they love him. The only way to stop him would be for him to declare another war and to resume the draft. And as we saw during Vietnam - the ones who remember - many of the draftees were the ones without college deferments. Or even medical deferment. Like Cheney and Trump.

pnwmom

(108,977 posts)
5. But what is the chance of them getting a 2/3 vote in both Houses
Tue Mar 7, 2017, 07:24 PM
Mar 2017

which is what would be necessary if he appealed the initial decision?

duncang

(1,907 posts)
8. I've wondered if he would even make it full term.
Tue Mar 7, 2017, 08:13 PM
Mar 2017

Not because of that but his general health, mental health and stress on the job. This isn't a job he can actually push off on someone else to make the decisions or worry about the details.

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