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How power will be transferred in America if Trump’s condition worsens

The provisions for a peaceful transfer of power if the president becomes incapacitated, even if only temporarily, are present in the 25th Amendment of the US Constitution.

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Washington: The White House said that President Donald Trump remains in charge of the U.S. government despite his coronavirus diagnosis, but his admission to a Washington-area military hospital raises the question of what would happen if his condition worsens significantly.

Doctors treating the president said Sunday that he may be discharged from the hospital as soon as Monday to continue recuperating at the White House. White House physician Sean Conley said Sunday that “he’s “extremely happy” with the president’s condition and that a “mild cough,” nasal congestion and fatigue were “resolving and improving.” But he added that “as with any illness there are frequent ups and downs.”

There are provisions for a peaceful transfer of power if the president becomes incapacitated. The 25th Amendment, added to the Constitution in the wake of the assassination of John F. Kennedy, outlines what should happen if unable to carry out his duties, even if only temporarily.

National Security Advisor Robert O’Brien said Sunday that a transfer of power to Vice President Mike Pence is “not something that’s on the table.”

“Look, he’s doing very well and and just like it could happen to anybody, we’re prepared,” O’Brien said of Trump on CBS’s “Face the Nation.” “We have a great vice president. We have a government that is steady and is steady at the tiller.”

It’s not the first time a world leader has been hospitalized for Covid-19. In April, British Prime Minister Boris Johnson entered intensive care just a few days after announcing to the world that he had tested positive for the virus. After initially experiencing mild symptoms, his condition deteriorated rapidly and his doctors considered putting him on a ventilator before he recovered.

In the U.S., under Section 3 of the 25th Amendment, the president can voluntarily transfer power to the vice president by submitting a letter to the President pro tempore of the Senate and the Speaker of the House of Representatives. This provision has been used three times in the past when a president underwent general anesthesia for a medical procedure, according to the Congressional Research Service. Ronald Reagan used it informally in 1985 and George W. Bush used it in 2002 and 2007.

Although the amendment was intended to provide clear guidance, circumstances aren’t always so clear.


Also read: Why VIP treatment could do more harm than good to Trump in hospital


When Reagan was on a gurney at George Washington Memorial Hospital in 1981 after being wounded in an attempted assassination, Chief of Staff James Baker and counselor Edwin Meese retreated to a janitor’s closet to consider whether to temporarily transfer authority to Vice President George H.W. Bush, according to the book “Rawhide Down,” by Del Quentin Wilber.

Reagan’s advisers ultimately decided not to invoke the 25th Amendment as the president underwent emergency surgery. Yet his administration did draft several letters to the President Pro Tempore of the Senate Strom Thurmond of South Carolina and Speaker of the House Tip O’Neill, transferring power to Bush, who was on a plane headed to Washington at the time.

The letters were not sent.

If the president is not able to voluntarily transfer power or refuses to do so, the vice president and a majority of the cabinet can essentially perform the same function by alerting the president pro tempore of the Senate and the House speaker. Under this scenario, which is provided for in Section 4 of the 25th Amendment, the vice president would also assume power.

If the president recovers, he or she would then send another letter to the same people saying he or she is ready to resume command. Under certain circumstances, the vice president and the cabinet could contest this notification, sending the whole matter to the Congress for consideration. If Congress decides by a two-thirds vote that the president is still incapacitated, the vice president remains the acting president.

John Hudak, a scholar at the Brookings Institution, recommended in July that those in the direct line of succession to the presidency, including Pence, House Speaker Nancy Pelosi, and President pro tempore of the Senate Chuck Grassley, an Iowa Republican, be isolated from the president, along with members of the cabinet.

“It would be especially important to ensure that the vice president have limited contact with individuals generally to reduce his chances of contracting the virus as well,” Hudak wrote.

Pence has tested negative for the virus, as has Pelosi.

If Trump undergoes treatments that limit his ability to perform the duties of the presidency, he could use the mechanism provided under Section 3 of the 25th amendment to temporarily transfer power to the vice president, Hudak wrote.-Bloomberg


Also read: Trump’s doctor creates confusion with series of contradictory statements about his vitals


 

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