From impeachment to the 25th amendment: The checks on Donald Trump’s power in last days in office

Speaker Nancy Pelosi called for the removal of US President Donald J. Trump

Credit: EPA

The top two Democrats in Congress have called for President Donald Trump’s removal from office, one day after his supporters stormed the US Capitol in an assault that provoked widespread condemnation and global alarm.

With 13 days left in Trump’s term, House of Representatives Speaker Nancy Pelosi and Senate Democratic leader Chuck Schumer said Vice President Mike Pence and the Cabinet should invoke the 25th Amendment of the US Constitution to remove the president.

Absent that, they said Congress should move quickly to expel him through the impeachment process. Jerry Nadler, chairman of the House Judiciary Committee that typically oversees that process, said in a statement he supported immediate impeachment.

Here’s everything you need to know about the ways the President can be ousted or reined in.

Are there checks on Donald Trump’s power in his last fortnight in office?

Yes. They largely remain the same as during his four years as US president.

They combine laws, political considerations, precedent, personal decision-making by those around him and emergency break measures built into the US governmental system.

Throughout his presidency, Mr Trump has pushed against the constraints placed on him, testing the limits of his power, but nothing quite like now.

What about the 25th amendment?

There is reportedly discussion among cabinet members about using the 25th amendment.

This is a mechanism that allows the US vice president, in this case Mike Pence, and a majority of the cabinet to remove a president.

Democrat congressional leaders have called for this but Republicans may pause on the implications of forcibly removing a leader of their own party.

Are there any other paths?

Yes, impeachment. The mechanism is a way for Congress — rather than the president’s cabinet — to remove a president.

The US House of Representatives would need to pass at least one article of impeachment. A majority of House members would have to vote that what he did amounts to "high crimes and misdemeanours", treason or bribery.

If that happens, it would be over to the US Senate. A trial would take place. Two thirds of senators must vote to convict for Mr Trump to be removed.

There is no set time limit to proceedings, so theoretically there is time for Mr Trump to be impeached and removed before the Jan 20 inauguration.

The Democrats control the House and could secure impeachment there without Republican votes.

The situation in the Senate would be much less clear. More than a dozen Republican senators would have to vote to remove Mr Trump to hit the two-thirds threshold. Would Republican senators publicly vote to kick him from office or leave him there until the inauguration?

What else could curb Mr Trump’s actions?

The behaviour of those around him could be as important as the laws and rules in determining whether a rash demand from Mr Trump is acted upon.

There are reports a senior White House lawyer has been urging staff not to do anything to help the president that could be conceived as helping attempt a coup.

Military leaders could refuse to take his orders and staff could resign to generate negative press to stop him going further — something that has already started.