Democrats Weigh a Fight Over Impeachment or the 25th Amendment

House Democrats are preparing a vote this week on a measure to restrict President Donald Trump’s war powers, while at the same time grappling with how or whether to try to remove him from office.

On a private call with House Democrats on Friday, Judiciary Committee Ranking Member Jamie Raskin outlined what one member described as long-shot options to oust the president, including a proposal that would create an independent commission that could declare the president unfit for office as laid out in the fourth section of the 25th Amendment.

The discussion comes as pressure mounts within the party to take action against Trump following the president’s threats to decimate “a whole civilization” in Iran and amid military action that Congress did not authorize. More than 70 Democrats in both chambers called on the Cabinet to remove the president from office using the 25th Amendment — an unlikely course of action. That process relies on a majority of the president’s Cabinet, which is full of loyalists, agreeing to replace him.

“I have been hearing from my constituents who agree Donald Trump is unfit for office and incapable of executing his presidential duties,” Connecticut Rep. John Larson said in a statement to NOTUS. He has filed articles of impeachment and is now advocating for the 25th Amendment to be invoked.

Democratic leaders have not committed to any formal action to remove the president, nor have they discouraged members — who are responding to growing calls from their constituents — from calling for the 25th Amendment or impeachment.

“More moderates are definitely wondering if his Cabinet sees this as a Jan. 6 moment,” said one centrist House Democrat who was granted anonymity to speak freely.

Raskin, who has been championing legislation dubbed the “Commission on Presidential Capacity to Discharge the Powers and Duties of the Office Act” since 2017, plans to reintroduce the proposal this week, according to a committee spokesperson.

The proposal would require Congress to set up a commission that would, if directed by lawmakers, examine the president to determine whether he is capable of carrying out the responsibilities of the office. Democratic and Republican leaders from both chambers would select a 16-member panel made up of eight physicians, four of whom must be psychiatrists, plus eight retired high-level executive branch officials such as former Cabinet members or presidents. Those members would select a 17th person to serve as chair. The vice president would have the opportunity to disagree in writing with the commission’s declaration.

Given that Republicans control the House, it is unlikely Raskin’s legislation would come to the floor, but Democrats could revive the bill if they take the majority in November’s midterms. At least one member on the call said Raskin suggested the best path forward is still impeachment because, unlike the 25th Amendment, it would not require the approval of Vice President JD Vance.

Last week’s call, led by Democratic Caucus Vice Chair Ted Lieu, was intended as an information session. Raskin, a constitutional law scholar, laid out and responded to questions about the available options for removal of the president under the 25th Amendment and impeachment.

Ahead of the meeting, Raskin sent a letter to Trump’s physician, Capt. Sean Barbabella, demanding he conduct and release a neuropsychological assessment of the president, provide a report on Trump’s mental and physical health including potential side effects of medication he is currently taking, and appear before the Judiciary Committee for a briefing. In the letter, Raskin listed a number of events he said have raised “unsettling” questions about the president’s mental state.

“When the President of the United States threatens to extinguish a civilization on social media, rants about combat missions with children at the Easter Egg Roll, and drops profane tirades on Easter morning, we have indisputably entered the realm of profound medical difficulty and concern,” he wrote.

The White House did not say whether it would comply with Raskin’s request but defended the president while lobbing criticism at Democrats.

In a statement to NOTUS, White House spokesman Davis Ingle said Trump’s “sharpness, unmatched energy, and historic accessibility” stand in stark contrast to former President Joe Biden’s health and accused Democrats of a double standard.

Raskin’s letter and the nature of the call show a renewed interest among Democrats to take public steps to respond to the president’s words and actions, a contrast to how most Democrats reacted to calls of removal during the first year of Trump’s second term.

Last year, Rep. Shri Thanedar, under advice from leaders, reneged on a threat to introduce articles of impeachment. A few months later, most Democrats sided with Republicans to block an impeachment effort put forth by Rep. Al Green. But lawmakers believe recent military action actions could shift the sentiments within the broader caucus.

“His statements and behavior related to the Iran war were the final straw,” Larson said. “As the president continues to act more unhinged, pressure will build on Republicans and we will be ready to demand accountability.”