Ex-federal prosecutor maps out legal case for removing Trump from office

In the United States, presidents can be removed from office by either impeachment or the U.S. Constitution's 25th Amendment. Donald Trump is the only president in U.S. history who was impeached twice, but he was acquitted in both of his U.S. Senate trials. And the 25th Amendment hasn't been used to remove Trump from office, although law professor Kimberly Wehle believes that it should be.

Wehle, who teaches law at the University of Baltimore and was a federal prosecutor for the U.S. Department of Justice (DOJ) in the past, lays out a case for removing Trump from office via the 25th Amendment in an op-ed for The Hill.

"Unlike during Trump's first term, when the possibility of invoking the Constitution's 25th Amendment was at least openly debated, no one in Trump's close orbit will now speak truth to power," Wehle explains. "In this context, we must talk honestly about the compounding signs that the oldest-ever elected president is physically and mentally unfit for office."

The 25th Amendment, Wehle notes, "permits the vice president and a majority of the Cabinet — or another body designated by Congress — to declare that a president is unable to discharge the powers and duties of the office." Wehle laments, however, that the chances of that happening "now seem more remote than ever."

"During Joe Biden's presidency, debate over his fitness for office was deafening and came from both sides of the political spectrum," Wehle notes. "Voters should demand the same level of scrutiny for this president. ... Trump's apparent naps amid high-level meetings have become legendary — reportedly numbering some 13 instances, including at a December 2025 Cabinet meeting while Secretary of State Marco Rubio was speaking; during remarks at February's inaugural 'Board of Peace' meeting on Gaza negotiations; at an April Oval Office meeting; and during a Memorial Day ceremony at Arlington National Cemetery while Defense Secretary Pete Hegseth spoke."

Wehle continues, "Critics have begun calling him 'Sleepy Don' — a pointed echo of his old 'Sleepy Joe' label for Biden. A February 2026 Reuters-Ipsos poll found that a majority of Americans, including 30 percent of Republicans, say Trump has become erratic with age. On April 14, House Judiciary Ranking Member Jamie Raskin (D-Md.) introduced legislation establishing a bipartisan, independent commission to activate the 25th Amendment process. Says Raskin, 'Public trust in Donald Trump’s ability to meet the duties of his office has dropped to unprecedented lows as he threatens to destroy entire civilizations, unleashes chaos in the Middle East…. We are at a dangerous precipice, and it is now a matter of national security for Congress to fulfill its responsibilities under the 25th Amendment.' He is not wrong."

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