01/07/2021
The 25th Amendment: The part of the amendment being discussed is section four, which allows the vice-president and a majority of the cabinet to declare President Trump unable to perform his duties.
They would need to sign a letter to the speakers of the Houses of Representatives and the Senate declaring the president is unfit to govern or incapable "of discharging the powers and duties of his office". At this point, Vice-President Mike Pence would automatically take over.
The president is given the chance to offer a written response, and if he contests the finding, then it falls on Congress to decide. Any vote in the Senate and House of Representatives ordering the president's removal requires a two-thirds majority.
Until the issue is resolved, the vice-president would act as president.
Pick the charges:
Treason: "Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States."
Rebellion or Sedition: "Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States."
Seditious conspiracy: "If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the ex*****on of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both."