Congress might invoke the 25th Amendment against President Trump

Earlier this week, Democrats in Congress unveiled a new bill that would create a commission to assess whether President Trump is fit to remain in office.

Supporters of the bill argue the move is driven by national security concerns following Trump’s recent social media threats of escalation against Iran.

Mark Kokanovich, Attorney at Ballard Spahr, joined “Arizona Horizon” to discuss the new bill and how the 25th amendment is supposed to work.

The 25th amendment was adopted into the constitution in 1967 after the assassination of President Kennedy to help with issues that arise with the transition of power, according to Kokanovich. When people and congress members call to “invoke the 25th” they are referring to the amendment’s provision of removing a living president involuntarily due to being unable to physically or mentally fulfill the duties of the presidency, according to Kokanovich.

This new bill would establish a 17-member panel authorized under the 25th Amendment. The findings of the panel would have the power to remove Trump only if Vice President JD Vance signed off on them and after Congresses’ approved, according to Kokanovich.

The bill is led by House Judiciary Committee ranking member Jamie Raskin, D-Maryland, and backed by 50 Democratic co-sponsor

“Since 1967, Congress has not established that body by law,” Kokanovich said. “[The panel] would be a bipartisan body that Jamie Raskin has put together this proposal that would have eight people selected by Republicans and eight people selected by Democrats. Four of those people from each would doctors or psychiatrists and four would be state persons from the executive branch.”

Former vice presidents and presidents would be on this proposed commission, according to Kokanovich.

Kokanovich argues that the likelihood of this commission occurring is akin to “a snowball’s chance in Phoenix in the summer time”.

He added, “The proposal is an interesting one that deserves consideration. It would be very difficult to pass right now because Congress would have to pass it. Republicans control both houses of Congress and, of course, republicans control the presidency.”