As President Donald Trump was preparing to declare a national emergency to build his fake-crisis border wall — testing the limits of the power of a commander-in-chief — there have apparently been rumblings about law enforcement officials invoking the 25th Amendment. The amendment states that should the president die, resign, or be “removed from office,” the vice president becomes president. This is according to Trump’s former deputy FBI director Andrew McCabe, anyway, who made the claim in an interview that will air on 60 Minutes on Sunday night.
McCabe’s remarks predictably sent Fox News into a tizzy, and later Tucker Carlson discussed the matter with Harvard law professor Alan Dershowitz who stated that they represented an assault against the Constitution. To little surprise, Trump himself was watching with rapt attention, and tweeted his take on Dershowitz’s thoughts on Thursday night.
“Trying to use the 25th Amendment to try and circumvent the Election is a despicable act of unconstitutional power grabbing…which happens in third world countries,” the president typed. “You have to obey the law. This is an attack on our system & Constitution.”
Cool cool, so now Trump is trying to make the claim that literally a constitutional amendment is unconstitutional — just another day in paradise, right? Unsurprisingly, by Friday morning the 25th amendment was trending on Twitter for reasons you might expect.
Although Trump did indeed declare a national emergency on Friday morning, the move will likely wind up being tied up in courts before he can act on it.