The President vs. Anonymous

On September 5, the New York Times published an anonymous Op-Ed piece by a White House insider. This individual, only identified as a Senior White House official, whose identity is known to the Times editorial leaders, wrote about the ways in which members of the Trump administration are working together to thwart some of the president’s harmful policies in the effort to preserve democracy until Trump leaves office. The anonymous writer went on to say that some members of the administration had considered invoking the 25^th Amendment to force Trump out of office, but that they had not done so for fear of causing a constitutional crisis. Here, Election Central takes a closer look at the article, the White House’s reaction to it, as well as the 25^th Amendment and what it could mean for the Trump presidency.

An Unusual Article

According to the writer of the op-ed, Trump really isn’t in control of his own administration. The writer criticizes Trump’s erratic leadership style and compares the president to a child who needs to be watched over by the “adults” who surround him. He or she says that there are several things that the administration has done right, such as comprehensive tax reform, but that these things happened in spite of Trump’s leadership, not because of it. Trump’s worst policies, the writer argues, must be controlled if the country is to survive.

Related Links:

• Click here to read how the New York Times justified taking this unusual step of publishing this very visible criticism by an unnamed source.
• Click here to read the full article by Anonymous.

Not surprisingly, President Trump reacted very angrily to the Op-Ed. The president criticized the Times and the anonymous writer. Trump also demanded that the newspaper reveal its source, for national security reasons, and went so far as to call the article “treason” on Twitter. Many top aides and cabinet members have already denied being the ones to author the piece. Several have stated that whoever wrote it should do the right thing and resign. They do not believe someone so obviously in disagreement with the president should be working within his administration.

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An Unusual Amendment

Perhaps the part of the article that’s caused the most speculation is the writer’s suggestion that the administration has considered exploring the 25^th Amendment as a way to remove Trump from office, but has chosen not to go that route because the process would be too difficult. So, what is the 25^th Amendment?

Adopted by the states 51 years ago, this amendment has four sections.

1. The first section states that if anything happens to the president, the vice president immediately becomes president.
2. The second section outlines the process by which to nominate a new vice president.
3. The third section allows the vice president to temporarily take over the duties of the president if the president can’t perform them, such as for health reasons.
4. The fourth section states that if the vice president and the majority of the cabinet decided that the president is unable to fulfill his or her duties, and two-thirds of both houses of Congress agree, then the president can be removed from office.

The amendment came about after President John F. Kennedy’s assassination in 1963. Vice president Lyndon Johnson assumed the presidency, which then led to concern about how to fill the vacant vice presidency. Since its adoption, the first three sections have been used several times, such as after Richard Nixon’s resignation in 1974 and after Ronald Reagan’s 1985 cancer surgery. But the fourth section has never been used.

Could It Be Used Now?

In theory, yes. But utilizing the fourth sections would be an incredibly controversial step to take. And it would be very difficult to achieve. Here is a very simplified summary of what would have to happen: The vice president and a majority of the president’s chosen cabinet advisors would have to send written declaration to the House and Senate that the president can’t perform the duties of his elected office. The president would then need to write his own letter, arguing that he can. Congress would be required to assemble within 48 hours and vote to proceed with the removal or to reject the entire scenario within 21 days. If two-thirds of both the House and Senate agree to proceed, the president would be removed from office. Otherwise, the administration would continue.

So while such a scenario is technically possible, it’s extremely unlikely.

Dig Deeper George W. Bush is the only president who has invoked the 25^th Amendment twice. Use internet resources to learn when and why this occurred.