Why the Threat of “President Pence” Should Not Deter Impeachment

So many times, I’ve seen smart people saying we should not impeach or invoke Section 4 of the 25th Amendment (the Constitution’s presidential removal clause). Here’s why I think we should.

It’s true that Pence has both worse ideology and better political skills—and a Pence presidency could be extremely scary. I hope Mueller takes him down too, and that’s a real possibility.

But if he is sworn in after impeachment, he will be very, very careful. He will have to be seen as the unifier, and he will have to walk very carefully to avoid falling into the pit he created by his own actions, his own complicity. I think he will be quite cautious. And if he is not sworn in, the next in line is the very competent and moderately liberal Nancy Pelosi.

There’s also the issue of precedent. It says something very disturbing about our “democracy” that we have allowed this man to um, “serve” while continuing to break law after law, while telling 8158 lies in his first two years in office—6000 of them in 2018, while lining his own pockets, etc.

The possibility of a maniac like DT in office is why we HAVE the impeachment, emoluments, and removal-for-incompetence/incapacity clauses. We damned well better use them if they are anything other than ink on paper. Not using them forfeits our rights as citizens and makes it harder to challenge the next incompetent narcissist. I wonder: would this presidency have even been possible if GWB had been impeached for his incompetence, the actions of his competent but evil henchmen like Cheney and Rumsfeld, or for the fraudulent justifications for the Iraq war—or if the Democrats had fought hard enough in 2000 to prove that the election was fraudulent and should be overturned, thus preventing the GWB presidency in the first place?

Interestingly, the 25th Amendment requires the Vice President’s active cooperation. Here’s the full text of Section 4:

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.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days 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. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

Of course, Pence has made no secret that he’d love to be President. And any sane person would avoid overmuch loyalty to DT, who has shown over and over again that while he values loyalty in others, he has seemingly none of his own to distribute other than to Vladimir Putin and Russia—an alliance that goes back decades. If DT thinks you’re crossing him, he throws you under the bus with no hesitation. Even if you were his personal lawyer, fixer, and close confidante for many years. Thus, it wouldn’t be a shock if Pence cooperated with—or even initiated—a 25th-Amendment removal proceeding—IF he thought he could get away with it without repercussions from DT or his base.

In short, a legal maneuver to get DT out of office (and perhaps behind bars) is well justified, even though it will only succeed if several Senate Republicans desert him. Because they will, if a people’s movement demands it and they’d rather not lose their own jobs.

In other words, just because the GOP made a bad strategic decision to embrace the devil doesn’t mean we’re stuck with him. If they see the public swinging strongly against DT, they’ll abandon the sinking ship—but they need to hear from their constituents, loudly and often. They could have reined DT in early and firmly but they didn’t want to annoy his “base”—which as a result thinks those members of Congress are weak and don’t care much, and therefore continue to push the envelope on making very bad behavior acceptable. It’s time to push back and demand accountability for letting an incompetent maniac sack our democracy, burn bridges with our allies, collude with our enemies, and lash out at those who can’t defend themselves.

The faster the Republicans move, the easier it will be to re-cage the monster.