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Lawfare Archive: Insurrection at the Capitol

The Lawfare Podcast

CHAPTER

The 25th Amendment and the President's Disabilities Provision

I think all reasonable people would agree that the speech he gave to the crowd and inciting them to move to the Capitol was evidence of unfitness for office. That's a higher bar to judge than his later action, which was his inability to take action under his power. So I'm totally with you that both things are abhorrent. The issue is what mechanism would you use? And the bar is actually quite high for using the disability provision of the 25th Amendment Section 4.

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