The twenty-fifth amendment could be used to take @realDonaldTrump out for the rest of his term.
If the VP and a majority of the cabinet were to certify Trump’s inability to carry out the duties of his office, Pence would become acting president. The next thing that would happen is that Trump would say, no, I’m able to carry out my duties, and he’d resume his office ...
... again in four days, unless the VP and the cabinet again certified Trump’s inability to carry out his duties. At that point, the matter goes to Congress, which has 21 days to affirm the Cabinet’s decision. But by then Joe Biden would be president, so there would never ...
... have to be a congressional vote (it takes 2/3 of both houses to sustain the finding of inability). In other words, the Vice President and a majority of the Cabinet could sideline Trump for the rest of his term, since there are only two weeks left in it.
All that said, I’m not hopeful that the Pence and the Cabinet would act.
For reference, here’s the text of section 4 of the 25th amendment.

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More from @gtconway3d

7 Jan
This isn't surprising. He's a narcissistic psychopath. He praised the rioters because he views them as vindicating him, thus providing him with narcissistic supply. He also views them as an instrument of revenge, and as a psychopath (and a sadist), revels in that.
This fits perfectly the psychological profile that countless mental-health professionals identified even before Trump was elected.
In any event, what matters now is that he's desperate, cornered, and more dangerous than ever. What's at stake for him goes beyond assuagement of his narcissistic ego; he understands that once he is forced to leave office, he can be subjected to criminal prosecution.
Read 5 tweets
7 Jan
This is key. The text is poorly drafted on this point, but when you think about it, it's the only sensible construction.
The importance is that Trump can't just take his powers back immediately and fire all the cabinet officers who sought to sideline him.
Anyway, once Trump objects, the VP and cabinet within the four days can notify Congress that they still think Trump unfit, and that triggers a period during which the VP remains acting president while the Congress decides whether (by a 2/3 vote of both houses) ...
Read 5 tweets
3 Jan
You said the virus was a hoax. You said it was under control. You said it was like the flu. You said it would just go away, like a miracle. You said we wouldn't hear any more about the disease after the election. You admit you lied and played the virus down.
You said doctors should inject Clorox into patients, or shine their innards with light. You said we have so many cases because we test too much. You said you slowed testing down. You said we need to develop herd "mentality [𝘴𝘪𝘤]."
You've claimed that doctors, hospitals, and the CDC have all intentionally overstated the death toll. You've called scientists working to save lives "idiots." You mocked people for wearing masks. You held super-spreader events that caused people to die.
Read 4 tweets
2 Jan
"Two people familiar with the matter say that in recent days, Trump has told advisers and close associates that he wants to keep fighting in court past Jan. 6 if members of Congress, as expected, end up certifying the electoral college results."
"'Must block Dem and [Republicans in Name Only],' one planning graphic posted on pro-Trump forum 'The Donald' read, showing a map of key streets around Congress that protesters want to obstruct. 'There’s 535 politicians and ~3500 guards.'"
"Protesters plan to meet in the northeast corner of the Capitol complex, where they’ll hear from a list of speakers that includes Rep. Paul Gosar (R-AZ), Trump adviser Roger Stone, and Rep-elect Marjorie Taylor Greene (R-GA), who has supported the QAnon conspiracy theory."
Read 11 tweets
1 Jan
@BradMossEsq They're kind of forced into this position, because 3 U.S.C § 15 establishes that the electors' vote certificates are conclusive, given that the electors were certified by all the governors before the safe-harbor date, December 8.
@BradMossEsq So they have to assert that § 15 is somehow invalid under the Twelfth Amendment.
@BradMossEsq And since they don't have the votes in either house of Congress to get their way, they have to eliminate Congress's role in counting the votes.
Read 5 tweets
26 Dec 20
This is the kind of thing that would make it interesting to have a psychiatric examination of @realDonaldTrump.
I wouldn't doubt that he believes a lot of the false things he says, like the general proposition that he lost the election as the result of fraud.
But when he speaks of actual conversations that almost undoubtedly or certainly didn't happen, like this one and many others he has recounted (recall his ridiculous claim, for example, that he talked to former presidents about building a border wall), ...
washingtonpost.com/politics/2019/…
Read 5 tweets

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