Section 4 of the 25th Amendment to the United States Constitution says: Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President


Below are some of the latest developments after a mob of Trump supporters stormed and occupied the United States Capitol on Wednesday afternoon:

  • United States Senator Tim Kaine (D-VA) called on Vice President Mike Pence and members of President Trump’s cabinet on Thursday to enact the 25th amendment and remove the president from office. “The sun is up on a new day. But there must be accountability for yesterday,” wrote Kaine. “The Cabinet should invoke the 25th Amendment against Trump. If he wants to challenge, Congress should vote him out. Congress should inform Trump that he is not welcome at the inauguration.”
  • Virginia’s Governor Ralph Northam announced on Thursday that the Virginia National Guard and Virginia State Police will remain in Washington D.C. until President-Elect Joe Biden is inaugurated on January 20th. “I’m extending Virginia’s National Guard deployment at least through Jan. 20, based on conversations this morning with our emergency teams and Washington D.C.,” Governor Northam said in a statement. “We will be there until President-Elect Biden is officially sworn in.” Northam first sent Virginia State Police and the National Guard on Wednesday afternoon to assist law enforcement in Washington D.C. as they tried to regain control of the Capitol. 
  • Speaker of the House Nancy Pelosi and Senate Minority Leader Chuck Schumer have both also called for the 25th amendment to be used to remove Trump. Pelosi accused Trump of committing “seditious acts” and said leaving him in office to finish his term would be “very dangerous.” Pelosi also indicated that she will move forward with impeachment if the cabinet does not move forward with the 25th amendment. 
  • Republican Congressman Rep. Adam Kinzinger (R-Ill) has joined in on the calls for the 25th amendment. “What happened yesterday is a wake-up call to many,” said Kinzinger in a video statement on Thursday. “But it is a call to accountability for others. It’s with a heavy heart I am calling for the sake of our Democracy that the 25th Amendment be invoked.” Kinzinger said this move is necessary to keep Americans safe. 
  • Transportation Secretary Elaine Chao resigned her position effective Monday, becoming the highest-ranking member of the president’s administration to resign in protest after the insurrection committed by Trump supporters.

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