The outgoing US President Donald Trump is facing increasing calls for his removal from office under the 25th Amendment to the US Constitution, on charges of inciting his supporters to violence, which was embodied by their storming of Congress on Wednesday during the ratification session on the victory of Joe Biden in the presidency.
The 25th amendment to the US Constitution deals with the vacancy and occupying the positions of President and Vice President, and was approved in 1967 against the background of the assassination of President John F. Kennedy.
The activation of this amendment is within the authority of the executive branch and at the initiative of the Vice President and the support of the majority of the members of the government, and requires the Vice President and his supporters to submit a letter to the presidents of the two chambers of Congress confirming that the President is incompetent to carry out his duties and constitutional powers.
The president has the right to veto a letter addressed to Congress denying his impotence, and if the vice president sticks to his position for a period of 4 days, the matter is referred to Congress.
The impeachment of the president requires a two-thirds majority vote in both Houses of Congress during two sessions held no later than 21 days from the presentation of the vice president's message.
So far, the amendment has only been used in the case of presidents who have undergone surgery, with the aim of temporarily transferring power to their deputies.
Senate Minority Leader Chuck Schumer and House Speaker Nancy Pelosi are leading appeals to Vice President Mike Pence to use the amendment, even though there are only a few days left for Trump's term which ends on January 20.
As Republican Rep. Adam Kinzinger of Illinois said after the chaos that occurred Wednesday in Washington, "It is time to invoke the 25th amendment and end this nightmare."
Parliamentary trial
The 25 amendment fundamentally differs from the parliamentary trial procedures for impeaching the president stipulated in Article 2 of the constitution. The launch of the trial procedures is the prerogative of the House of Representatives based on the results of a parliamentary investigation committee.
It is required for the trial to be held that the president or any high-ranking official be charged with treason, bribery, or major crimes and misdemeanors.
There are no constitutional deadlines for indictment procedures, and it can last for days or months, and it is approved in the House of Representatives by an absolute majority, then it is referred to the Senate, which requests the appearance of the President before it.