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For any copyright, please send me a message. It’s been a defining question of his presidency: Is Donald Trump mentally fit enough to perform the duties of his office? And if he weren’t, what remedy could there be? While never entirely going away, the discussion seemed to have quieted. But then came Sharpiegate, his surpassingly strange conflict with the deep state of the NOAA. What other explanation could there be for the president who would draw on a weather map for a press conference show-and-tell? Even Republicans and former Trump administration officials sounded the alarm. “He’s deteriorating in plain sight,” a Republican strategist in frequent contact with the White House told Business Insider. “The guy is obviously in mental decline,” Anthony Scaramucci, who briefly served as White House communications director, sounded off on CNN. There is, of course, a constitutional remedy for this problem: the much-invoked 25th Amendment. Before the New York Times reported that former Deputy Attorney General Rod Rosenstein had discussed recruiting members of Trump’s cabinet to remove Trump from office, the amendment was largely obscure. (Though, fans of The West Wing may have recalled Martin Sheen’s character invoking it in the episode wherein his daughter, played by a young Elisabeth Moss, gets kidnapped.) The notion that Vice President Mike Pence and a majority of Trump’s cabinet might band together and oust the maniac in the Oval Office has since been written off as a liberal wet dream. But there is actually a lesser-known provision in the 25th Amendment, one that doesn’t require as much complicity from cabinet members and others likely in the Trump tank, which some Democrats on Capitol Hill say could provide a solution to Trump’s escalating erraticism. Specifically, section four of the amendment, which stipulates that not only could the vice president and a majority of the cabinet take such action, but the vice president and a majority of “such other body as Congress may by law provide” can determine whether a president is “unable to discharge the powers and duties of his office” due to physical or mental incapacity. In fact, in April 2017, during the 115th session of Congress, Maryland Democrat Jamie Raskin introduced a bill to create just such a body—formally titled the “Oversight Commission on Presidential Capacity”—comprised of former elected officials and medical professionals, selected on a bicameral and bipartisan basis, who, with the support of the vice president, could deem Trump unfit. No such body has ever been set up under the 25th Amendment, but Raskin stressed to me that it is imperative from a separation of powers standpoint. “If you ask yourself why either the cabinet could act or a body set up by Con
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