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Democratic leaders in Congress are considering a new Supreme Court case against Donald Trump. The next president Joe Biden does not want to be involved in the discussion.
After resigning as president, Trump could face prosecution for inciting the assault on Congress. Photo: JIM BOURG, Reuters / NTB
Nancy Pelosi is the leader of the Democrats in the House of Representatives. Along with his colleague Charles Schumer in the Senate, he has asked Vice President Mike Pence to begin working to overthrow Donald Trump. Pence can do this using the 25th Amendment to the Constitution.
If the vice president and half of the government believe the president is unfit for office, they can remove him.
Pelosi has said she will take the lead in the Supreme Court case, unless Pence wants to overthrow the president. Democratic Rep. Ilhan Omar has already written the text that you can use.
The national legislation law is very concise. The few times it has been used, representatives have spent a lot of time investigating and substantiating the allegations. That is not necessary. A decision can be urgently processed and sent to the Senate, which is a judge.
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Vice President Mike Pence has denied taking the opportunity provided by the 25th constitutional amendment to topple Trump.
Associate Professor Sofie Høgestøl tells Aftenposten that the chances of success with such an initiative are diminishing. Following the elections and in recent days, several members of the government have resigned or been fired. Those who remain are very loyal to the president.
– Then there is the Supreme Court, says Høgestøl.
– Usually the House of Representatives will conduct an investigation, as we saw last year. But the provisions of the Constitution in this regard are very scarce. In short, it says that it is the House that can put someone before the Supreme Court.
Høgestøl considers it unlikely that the process can be completed in the two weeks remaining before Trump’s resignation. Furthermore, the outcome of a case is uncertain. Two-thirds of the Senate must vote to judge the president.
– But, in theory, the Senate can continue with the case after January 20. Then they can deprive you of the right to run again in elections, he says.
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Trump has given up. Several ministers have left. A policeman has died.
Taus biden
While Pelosi, Schumer and other elected Democrats call for Trump’s resignation, he says nothing about incoming President Joe Biden.
After a mob stormed the congressional buildings and suspended the approval of the presidential elections, he was asked if he supported Pelosi and Schumer.
“I don’t want to talk about it today,” he replied, according to Fox News.
Bidens spokesman Andrew Bates explained:
– Donald Trump proved long ago that he is unworthy of office. And the way of inciting a mob to a futile attack on our democracy, which failed miserably, was disgusting.
He then added that Biden and future Vice President Kamala Harris choose to focus on the work ahead.
Mitch McConnell and his wife Elaine Chao have loyally supported Trump. Now she has resigned from the government and he is critical. Photo: BRYAN WOOLSTON, Reuters / NTB
Republican skepticism towards Trump
Removing Trump will require strong support from Republican politicians, whether they are ministers or senators.
The Republican leader in the Senate is Mitch McConnell. His wife is Elaine Chao, who was the Minister of Transportation. He withdrew on Thursday, saying it was Trump’s performance that was behind it.
McConnell himself has been an extremely loyal supporter of the president. But in the last week it has become much more critical. He actively worked to get Congress to accept the election result.
The result is that Trump has scolded him time and again. McConnell has not rejected the discussion about toppling Trump.
According to The Hill, several Republican senators now regret that they did not do more to distance themselves from Trump.
Fear of criminal proceedings
On Friday night, Donald Trump released a video in which he does everything possible to attack the protesters who stormed Congress buildings. It also promises a peaceful power shift on January 20. Many critics have viewed the video as an attempt to appease critical Republicans.
The Ministry of Justice and federal prosecutors have launched an investigation into the riots. They want to know how well planned the assault on Congress was. In a few days, it may be known whether terror clauses should be used against those who led the attack.
They can be held responsible for the murder of a police officer. Investigating Trump may also be relevant. He urged his followers to march on Congress and show their disgust. This can be seen as incitement to illegal acts.
As long as Trump is president, he cannot be prosecuted. But he loses that immunity on January 20.
Høgestøl believes that the video speech may have been an attempt to prepare for a future in which he is no longer protected by the presidency.
– That’s why I also see that video from a criminal justice perspective. It may be an attempt to avoid accusations that he encouraged violence.
