The chaos erupted after President Donald Trump called on his supporters to march to the building that represents US democracy.
As hundreds of supporters of US President Donald Trump stormed the US Capitol on Wednesday (local time), a chaotic scene unfolded in the area, leading to at least four deaths and over 50 injuries. In wake of the violence, many from the Trump administration have submitted their resignations. In such a situation, several Congressional Democrats have called for his removal from the office of the President.
With his term officially ending on January 20, the question is, can he be removed from the office before that?
The short answer is yes. There are two ways to remove a President from the office - impeachment and the 25th Amendment of the US Constitution. In either scenario, Vice President Mike Pence would take over until Biden's inauguration.
A misconception about “impeachment” is that it refers to the removal of a president from office. In fact, impeachment refers only to the House of Representatives, the lower chamber of Congress, bringing charges that a president engaged in a "high crime or misdemeanour" - similar to an indictment in a criminal case.
If a simple majority of the House’s 435 members approves bringing charges, known as “articles of impeachment,” the process moves to the Senate, the upper chamber, which holds a trial to determine the president’s guilt. The Constitution requires a two-thirds vote of the Senate to convict and remove a president.
Trump was previously impeached by the Democratic-led US House in December 2019 on charges of abuse of power and obstruction of Congress stemming from his efforts to pressure Ukraine to investigate Joe and Hunter Biden. Trump was acquitted by the Republican-led Senate in February 2020.
What "high crime and misdemeanour" could Trump be accused of?
Frank Bowman, a professor of constitutional law at the University of Missouri, said Trump "arguably fomented sedition," or an attempted overthrowing of the US government.
But Bowman said Trump could also be impeached for a more general offence: disloyalty to the U.S. Constitution and failing to uphold his oath of office. Congress has discretion in defining a high crime and misdemeanor and is not limited to actual criminal offences.
"The essential offence would be one against the Constitution - one of essentially trying to undermine the lawful results of a lawfully conducted election," Bowman said.
How quickly can a president be impeached and removed from office?
Theoretically, it could be done in a day, said Bowman, adding that the House and Senate have wide latitude to set impeachment rules as they see fit.
"They could decide to impeach him tomorrow by noon and walk it over the Capitol rotunda to the Senate and make a rule to start a trial tomorrow afternoon," Bowman said. "There is no constitutional bar to that."
What's the purpose of the 25th Amendment?
The 25th Amendment, ratified in 1967 and adopted in the wake of President John F. Kennedy's assassination in 1963, deals with presidential succession and disability.
Section 4, which has gotten the most attention during Trump's presidency, addresses situations where a president is unable to do the job but does not step down voluntarily.
For this to happen, Pence and the majority of Trump's Cabinet would need to declare Trump unable to perform the duties of the presidency and remove him.
Trump could subsequently at any time declare that he was no longer disabled. After four days, if Pence and the majority of the Cabinet do not contest Trump's determination, Trump regains power. If they dispute the president's declaration, the issue is decided by Congress. If both chambers determine by a two-thirds majority that Trump is incapacitated, Pence would continue to discharge the duties of the presidency.
(With Reuters inputs)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "Donald Trump")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}