Stephanie Pell and Brian Kalt on How the Trump Indictment Will Affect the Trump Campaign and the Potential Trump Presidency
The Lawfare Podcast
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The Limits of the 25th Amendment
The 25th Amendment is there to provide a mechanism for transferring power, but that still leaves the question of who decides. Does a prosecutor, a state prosecutor somewhere, does the Department of Justice against the president's expressed wishes have the power to force that issue? Is that legitimate? The second point is more practical one: If the president doesn't want to hand over power under the 25th Amendment, let's say a court rules that he's not immune and the prosecution goes forward. I find it difficult to envision a situation in which you don't have a majority of the house and two thirds of the Senate willing to impeach him.
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