This case has been dismissed with prejudice.

CREW has received records from the State Department. Review them below.

With the ongoing investigations into the January 6th insurrection, it is more pressing than ever to understand whether top Trump administration officials were involved in reported discussions to use the 25th Amendment to remove Trump in the days after the insurrection. CREW is suing the Treasury and State Departments for records that would show if then-Secretary of State Mike Pompeo or then-Treasury Secretary Steve Mnuchin participated in such conversations. Both departments failed to respond to a previous records request.

The 25th Amendment has provisions that allow for a majority of the Cabinet and the Vice President to temporarily relieve the president of their duties if they are determined to be unable to carry them out. Following the insurrection, calls to invoke the Amendment came from both sides of the aisle.

Indications that Trump cabinet members were involved in talks on Trump’s removal—even if the plans ultimately did not come to fruition—would be telling and shed light on concerns that even Trump’s closest allies might have shared. A full accounting of the insurrection includes being informed, at the very least, about the actions that cabinet members might have taken or considered in the aftermath of the attack. Our democracy cannot recover while these details continue to remain secret.

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