Can Pence Remove Trump from Office and Pardon Him?

Can Pence Remove Trump from Office and Pardon Him?

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The 25th Amendment and Impeachment Process

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When discussing whether Vice President (VP) Mike Pence can remove former President Donald Trump from office and pardon him, it's crucial to understand the constitutional processes involved. The 25th Amendment and the impeachment process both play significant roles in these scenarios.

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25th Amendment and Removal

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The 25th Amendment to the U.S. Constitution stipulates that if the President is unable to perform his duties, the Vice President, in conjunction with a majority of the Cabinet, can declare him incapacitated and take over as Acting President. However, Pence would not be able to unilaterally remove Trump from office. The amendment requires not only Pence's support but also a majority of at least 13 Cabinet members to proceed.

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Given Pence's history and the events leading up to this hypothetical situation, it's unlikely he would invoke the 25th Amendment on his own. Even if he did, it's worth noting that removing Trump temporarily wouldn't be a straightforward process and would likely be contested in court.

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Impeachment and Constitutional Protection

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Impeachment, on the other hand, is a separate and more detailed process. While impeachment does not equate to a permanent removal from office, it can lead to a trial in the Senate where a two-thirds majority vote is needed to convict and remove the President from office. The Vice President would not have the authority to force an impeachment trial or pardon someone who has been impeached.

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Pence's Motivation and Potential Outcome

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Pence might invoke the 25th Amendment for reasons beyond a genuine sense of duty or ethics. As the events surrounding the January 6th insurrection revealed, Trump's actions were deeply troubling, and Pence might have acted out of a sense of self-preservation. However, once the Constitution is invoked, it would be highly improbable that Pence would then pardon the individual who launched an attempted coup, given the severe consequences that such actions have incurred.

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Even in a hypothetical scenario where Pence removed Trump from office temporarily, it would be highly unlikely that he would then pardon him, especially after the latter's attempted assault on democratic processes. Pence may view Trump's actions as endangering the country, and any attempt to pardon him would likely be seen as a betrayal of his oath to the Constitution.

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Consequences and Likelihood of a Pardon

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The likelihood of Pence pardoning Trump, even after the latter is removed from office temporarily, is minimal. Given the current political climate and the severity of Trump's actions, a pardon would be viewed as an act of self-interest or a failure to uphold the legal and ethical standards required of a Vice President. Furthermore, any such act would likely face significant backlash in Congress and among the public.

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In conclusion, while Pence has the constitutional authority to invoke the 25th Amendment, removing Trump from office in such a manner would not lead to a pardon. Any attempt to pardon would be seen as a betrayal of the democratic process and the rule of law.

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