Lawmakers Press for Trump’s Removal, Invoking Impeachment and the 25th Amendment

Washington — In the days following the violent storming of the U.S. Capitol, a growing number of Democratic lawmakers — and a small but notable faction of Republicans — have begun formally invoking the Constitution’s most severe remedies against a sitting president, arguing that President Donald J. Trump is unfit to remain in office.

Senator Chuck Schumer of New York, set to become the Senate majority leader, has publicly called for Mr. Trump’s immediate removal, urging Vice President Mike Pence and the Cabinet to invoke the 25th Amendment. Failing that, Mr. Schumer and other Democrats have pressed Congress to reconvene to impeach the president for a second time, just weeks before President-elect Joseph R. Biden Jr.’s inauguration.

“The quickest and most effective way to remove this president from office would be for Vice President Pence to immediately invoke the 25th Amendment,” Mr. Schumer said in a statement. “If the vice president and the Cabinet refuse to stand up, Congress should reconvene to impeach the president.”

The push reflects mounting alarm among lawmakers who accuse Mr. Trump of inciting violence by encouraging supporters who later breached the Capitol in an unprecedented assault on American democratic institutions. Five people died in the aftermath of the riot, and lawmakers were forced to shelter in place as rioters roamed the halls of Congress.

While impeachment and removal remain politically uncertain, members of Congress have already begun laying the formal groundwork.

Representative Al Green of Texas has filed House Resolution 939, a formal impeachment resolution charging Mr. Trump with “high crimes and misdemeanors.” The resolution accuses the president of abusing his power, inciting violence against lawmakers, undermining democratic institutions and endangering public officials, including federal judges.

Unlike symbolic condemnations, the resolution constitutes an official charging document, entered into the congressional record and awaiting potential action by the House.

“This is not rhetoric,” Mr. Green said in a statement circulated widely on social media. “This is a formal constitutional response to conduct that threatens the Republic.”

The resolution details a pattern of behavior that Democrats say extends well beyond the events of January 6. It cites Mr. Trump’s repeated attacks on members of Congress, judges and state officials, arguing that his language has fueled threats and violence against public servants. It also points to the president’s sustained effort to overturn the results of the 2020 election, which courts, state officials and federal agencies have found to be secure.

More than 120 House Democrats have now publicly supported calls for Mr. Trump’s resignation or removal, according to lawmakers’ statements and social media posts compiled by congressional aides.

Senator Ed Markey of Massachusetts has gone further, calling on the vice president and the Cabinet to invoke Section 4 of the 25th Amendment, a provision that allows the vice president and a majority of Cabinet members to declare a president “unable to discharge the powers and duties of his office.”

“This president is a clear and present danger to our democracy,” Mr. Markey said in an interview. “The Constitution provides a mechanism for moments like this.”

The 25th Amendment, however, has never been used to remove a president against his will. Its invocation would require Mr. Pence and Cabinet officials — many of whom are staunch Trump loyalists — to take the extraordinary step of stripping the president of his authority. Even then, Congress would ultimately decide whether to uphold that decision, requiring a two-thirds vote in both chambers.

For that reason, most constitutional scholars view the amendment as unlikely to be invoked.

Impeachment, while more familiar, also faces steep obstacles. Democrats currently do not control the House, and any impeachment would require Republican votes to advance. Conviction in the Senate would require a two-thirds majority — a threshold never reached in any presidential impeachment trial.

Still, the pressure has not been entirely partisan.

Representative Adam Kinzinger, Republican of Illinois, became the first House Republican to publicly support invoking the 25th Amendment. In a video posted to Twitter, Mr. Kinzinger said Mr. Trump had “inflamed passions” and “abdicated his duty to protect the American people.”

“It’s time to invoke the 25th Amendment and end this nightmare,” he said.

Mr. Kinzinger’s remarks were widely circulated across social media platforms and drew sharp backlash from pro-Trump activists, underscoring the political risks for Republicans who break ranks.

Privately, several Republican lawmakers have expressed unease with the president’s conduct, according to people familiar with internal party discussions. Publicly, however, most have stopped short of endorsing removal, citing concerns about further inflaming tensions or alienating Trump’s base.

Mr. Trump, for his part, has rejected responsibility for the violence and has shown no indication he intends to resign. In public statements, he has characterized the impeachment push as a partisan “witch hunt” and has continued to claim — without evidence — that the election was stolen.

The White House has declined to comment on impeachment resolutions or calls for invoking the 25th Amendment. Mr. Pence’s office has likewise remained silent.

Even if removal efforts fail, Democrats argue that the actions carry lasting significance.

Impeachment resolutions, once filed, become part of the historical record. They document allegations, evidence and congressional judgment at the moment events unfold. Legal scholars note that such records may inform future investigations, reforms or legal proceedings.

“These efforts matter even if they do not succeed,” said a constitutional law professor at a major university. “They establish that Congress recognized the conduct as dangerous and responded using constitutional tools.”

The episode also raises broader questions about the limits of presidential accountability in a polarized era. Mr. Trump has now faced multiple impeachment efforts, widespread condemnation from career officials and repeated judicial rebukes — yet has retained firm support from much of his party.

Critics warn that this dynamic risks normalizing conduct that once would have been disqualifying.

Supporters counter that voters, not lawmakers, should ultimately decide a president’s fate — a position that resonates deeply with Mr. Trump’s base.

As Congress debates its next steps, the immediate future appears uncertain. Removal before January 20 remains unlikely. But the effort itself marks a rare moment when lawmakers have openly considered the full range of constitutional remedies against a sitting president.

Whether those remedies succeed or fail, the record is now set: a significant portion of Congress has concluded that President Trump’s actions crossed a line — and that the Constitution, however imperfectly, still demands a response.