Democrats' Impeachment Efforts: Legal Or Lawless?

The impeachment of Donald Trump, the 45th President of the United States, has been a topic of much discussion and controversy. Trump was impeached for the first time on December 18, 2019, on the grounds of abuse of power and obstruction of Congress, and for the second time in 2021 following the Capitol riots. While the discussion of impeachment is within the Democrats' rights, the question arises: are they breaking the law in trying to impeach President Trump?

Democrats' lightning impeachment plan

In the wake of the violent siege of the U.S. Capitol by Trump supporters, which left five people dead, Democrats in Congress laid plans for the swift impeachment of President Donald Trump. House Speaker Nancy Pelosi declared that "we must take action", and the Democrats are considering lightning-quick action to ensure an "unhinged" commander-in-chief can't add to the damage they say he's inflicted or even ignite a nuclear war in his final days in office.

The articles of impeachment are expected to be introduced on Monday, with a House vote as soon as Wednesday. The articles accuse Trump of abuse of power, stating that he "willfully made statements that encouraged—and foreseeably resulted in—imminent lawless action at the Capitol". If Trump were to be impeached by the House and convicted by the Senate, he might also be prevented from running again for president in 2024 or ever holding public office again.

This would be Trump's second impeachment, the first taking place in 2019. The 2019 impeachment was initiated by Democratic representatives Al Green and Brad Sherman and took place after a formal House inquiry found that Trump had solicited foreign interference in the 2020 U.S. presidential election and then obstructed the inquiry itself. Trump was acquitted by the Senate in February 2020.

The 2024 impeachment plan has been criticised by some as "a threat to democracy" and an attempt by Democrats to "steal the election". However, supporters of the plan argue that Trump's actions constitute insurrection and that those who engage in insurrection against the Constitution should be banned from assuming power.

Trump's criminal immunity

In July 2024, the Supreme Court ruled that former presidents could never be prosecuted for actions relating to the core powers of their office and that they are at least presumed to have immunity for their official acts. This ruling was in response to the case of Trump v. United States, which concerned former President Donald Trump's indictment on four counts arising from his alleged role in the January 6, 2021, attacks on the U.S. Capitol and his attempts to overturn the 2020 election.

The Supreme Court's decision, which was not unanimous, held that Trump could not be prosecuted for his efforts to use the Justice Department to overturn the election results. The Court also stated that Trump was absolutely immune for some "core" official acts, such as issuing pardons, vetoing legislation, recognizing ambassadors, and making appointments.

However, the Court left it to the lower courts to determine whether Trump's other actions, such as his conversations with former Vice President Mike Pence and his interactions with private individuals and state officials, were official or unofficial acts. The Court's ruling has been criticized by some as undermining democracy and setting a dangerous precedent by giving presidents legal cover to break the law.

Trump's immunity from prosecution as a former president does not mean that he is above the law. The Court's decision only applies to certain official acts during his time in office and does not provide blanket immunity for all actions. The ruling also does not prevent Trump from facing consequences for his actions, as he has been impeached twice by the House of Representatives and continues to face legal challenges.

The debate over Trump's criminal immunity and the ongoing legal proceedings highlight the complex nature of balancing the rule of law, democratic values, and the powers of the executive branch in the United States.

Trump's second impeachment

On January 13, 2021, former President Donald Trump was impeached for the second time by the House of Representatives. The House adopted one article of impeachment against Trump: incitement of insurrection. This was in response to the January 6 attack on the U.S. Capitol, in which Trump supporters stormed the Capitol building in an attempt to prevent the tabulation of electoral votes and protest against Joe Biden's win.

The impeachment trial in the Senate began on February 9, 2021. 57 senators voted "guilty", which was less than the two-thirds majority needed (67) to convict Trump, and 43 senators voted "not guilty", resulting in Trump being acquitted of the charges on February 13, 2021.

This was the first impeachment trial of a former president and Trump is the only U.S. president and only federal official to be impeached twice. The trial occurred after Trump had left office, and there was debate over the constitutionality of trying a former president. However, supporters of the trial argued that the Constitution permits disqualification from holding future office, which was included in the article of impeachment.

The impeachment was the result of weeks of attempts by Trump to overturn the 2020 election results. On January 6, the day Congress was counting the electoral votes, Trump told his supporters to come to Washington, D.C. and suggested that his supporters had the power to prevent Biden from taking office. During the "March to Save America" rally, Trump and other speakers falsely claimed that the election was stolen and suggested the use of violence. Trump supporters then crossed the Mall and stormed the Capitol, resulting in the deaths of five people, including a Capitol Police officer. Trump took no action during the attack and expressed pleasure at the events.

The second impeachment of Trump was largely a party-line vote, but 10 Republicans joined Democrats in condemning the president for stoking violence. The impeachment and trial sparked debate among Republican senators, with some challenging the validity of trying a former president and others expressing support for the trial. Ultimately, seven Republican senators joined all Democratic and independent senators in voting to convict Trump, the largest bipartisan vote for an impeachment conviction of a U.S. president or former U.S. president.

Trump's acquittal

On February 13, 2021, the Senate voted to acquit former President Donald Trump for a second time. The impeachment trial, which began on February 9, centred on Trump's alleged incitement of insurrection, with the House arguing that he had incited the attack on the U.S. Capitol on January 6, 2021.

The vote for acquittal was 57-43, with seven Republicans joining the Democratic caucus. The vote fell short of the two-thirds majority required to convict. The Republicans who voted to convict were Richard Burr, Bill Cassidy, Susan Collins, Lisa Murkowski, Mitt Romney, Ben Sasse, and Pat Toomey.

Trump's defence team, led by Michael van der Veen, argued that Trump's speech before the Capitol attack was "ordinary political rhetoric" and protected by the First Amendment. They also asserted that the impeachment trial was unconstitutional, as Trump was no longer president.

The House impeachment managers, led by Jamie Raskin, presented video and audio evidence of the attack, as well as details of the injuries sustained by police officers. They argued that Trump's words and actions had directly led to the violence and that he had a "duty" to intervene but failed to do so.

Despite voting to acquit, Senate Minority Leader Mitch McConnell condemned Trump as "practically and morally responsible" for the insurrection. He argued that Trump could not be convicted because he was no longer in office.

Trump welcomed the acquittal, calling the trial "the greatest witch hunt in the history of our Country". He also claimed that his movement "has only just begun".

Trump's alleged insurrection

On January 6, 2021, the United States Capitol Building in Washington, D.C., was attacked by a mob of supporters of then-president Donald Trump. The attack was an attempted self-coup d'état, two months after his defeat in the 2020 presidential election. The rioters sought to prevent a joint session of Congress from counting the Electoral College votes to formalize the victory of the president-elect Joe Biden.

Trump encouraged his supporters, and on January 5 and 6, thousands gathered in Washington, D.C., to support his false claims that the 2020 election had been "stolen by emboldened radical-left Democrats". Trump repeated these false claims at a Save America rally on the Ellipse, telling his supporters that if they didn't "fight like hell, you're not going to have a country anymore".

The attack was the culmination of a seven-part plan by Trump to overturn the election. The FBI estimates that between 2,000 and 2,500 people entered the Capitol Building during the attack, some of whom participated in vandalism and looting, including in the offices of then-House speaker Nancy Pelosi and other Congress members. Rioters also assaulted Capitol Police officers and journalists. Pipe bombs were found at both the Democratic National Committee and Republican National Committee headquarters, and Molotov cocktails were discovered in a vehicle near the Capitol.

Trump resisted sending the National Guard to quell the mob. Later that afternoon, he released a video restating false claims about the election and told his supporters to "go home in peace". The Capitol was cleared of rioters by mid-evening, and the electoral vote count was resumed and completed by the early morning of January 7, concluding with Pence declaring the final electoral vote count in favor of president-elect Biden and vice president-elect Kamala Harris.

A week after the attack, the House of Representatives impeached Trump for incitement of insurrection, making him the only U.S. president to be impeached twice. In February, after Trump had left office, the Senate voted 57–43 in favor of conviction, but this fell short of the required two-thirds, resulting in his acquittal.

Trump was indicted on four felony counts, including conspiracy to defraud the United States and witness tampering, for his efforts to overturn the 2020 presidential election. The indictment alleges that Trump and his co-conspirators attempted to convince Vice President Mike Pence to "use his ceremonial role at the January 6 certification proceeding to fraudulently alter the election results."

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