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May 1, 2017

New York Law Journal

By: Jerry H. Goldfeder

Early on in President Donald Trump’s Administration, a variety of commentators, including New York Times columnist Nicholas Kristof and MSNBC’s Lawrence O’Donnell, were pushing the idea that President Trump should be removed from office because he was “unstable,” and thus “unfit” to serve. Their proposal centered on a provision of the 25th Amendment to the U.S. Constitution, which permits the vice president and a majority of Cabinet secretaries to remove a president who is “unable to discharge the powers and duties of his office.” Indeed, Kristof cited to constitutional scholar and Harvard Law School professor Laurence Tribe as supportive of their view. Now that the discussion has died down, a sober look at the legal issues is in order.   

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