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Stephanie Pell and Brian Kalt on How the Trump Indictment Will Affect the Trump Campaign and the Potential Trump Presidency
The Lawfare Podcast
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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