Focus shifts to rules on transfer of power
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 Kennedy, outlines what should happen if unable to carry out his duties, even if only temporarily.
National Security Adviser RobertO’Brien said Sunday that a transfer of power to Vice President Mike Pence is “not something that’s on the table.”
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.
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. RonaldReagan used it informally in 1985 and George W. Bush used it in 2002 and 2007.
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.