Trump cabinet members and lawmakers consider disbaring him for disability and naming Pence

Some members of President Donald Trump’s cabinet and some legislators are studying the possibility of invoking the 25th amendment to the Constitution alleging his inability to serve in office and handing over the functions of president to Vice President Mike Pence, even though he only has two left weeks of mandate.

Several members of the government cabinet are discussing the possibility of invoking the 25th amendment to force the immediate departure of Trump, although there are broad doubts about whether this process that the Constitution provides would prosper or whether it is advisable at this time.

The US Constitution contemplates the possibility that the vice president and a majority of cabinet ministers (department secretaries) transmit a written declaration in which they declare the incapacity of the president to carry out his functions without any vote and for the power to be transferred immediately to the vice president, in this case Mike Pence.

If the president was against it and there was no agreement, Congress would settle the differences.

A group of 17 Democrats, members of the House Judiciary Committee, have sent a letter to Pence to invoke the 25th amendment, as they believe that Trump has incited the crowd of supporters concentrated this Wednesday in Washington to assault the Capitol force.

Trump harangued his followers and reiterated that they had stolen the November elections with a fraud, of which there is no evidence. Shortly afterwards, hundreds of people forcibly stormed the Legislative headquarters, where this afternoon the presidential electoral victory of Democrat Joe Biden was to be certified.

After that step, which is normally a smooth process, Biden should inaugurate his term in a public ceremony on the steps of the Capitol on January 20.

According to the legislators’ letter, “Trump is not mentally stable and is unable to accept the results of the elections” and is willing to incite violent riots to prevent the result of the November elections from being certified.

According to Vanity Fair, White House legal adviser Pat Cipollone has advised members of Trump’s team to keep their distance from the president, as they risk being charged with treason under the sedition law, which provides harsh penalties for jail.

Several lawmakers, including the president of the Senate, Republican Mitch McConell, have called the assault on the Capitol an act of insurrection, in which four Trump supporters have been killed.