Cameron Miranda
Former US President Donald Trump has been impeached twice, once in 2019 and again in 2020. The first impeachment was due to Trump withholding congressionally approved security aid from Ukraine, and the second was due to the allegation that he incited the insurrection at the US Capitol on January 6, 2021. While impeachment can be seen as a political process, it is not clear whether Trump's laws can be overturned with impeachment as it is dependent on several factors, including the Senate's decision and the President's right to due process.
| Characteristics | Values |
|---|---|
| Number of times Trump has been impeached | Twice |
| Reasons for impeachment | Abuse of power, Obstruction of Congress, Ethnic cleansing in Gaza, Incitement to insurrection |
| Outcome of impeachment trials | Cleared of all charges |
| Can impeachment be overturned by the Supreme Court? | No, there is no provision in the constitution for overturning a Presidential impeachment conviction |
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What You'll Learn
Trump's impeachment history
Donald Trump, the 45th president of the United States, was impeached for the first time on December 18, 2019. On that date, the House of Representatives adopted two articles of impeachment against Trump: abuse of power and obstruction of Congress. The first impeachment trial stemmed from a call President Trump had with the President Volodymyr Zelenskyy of Ukraine, in which Trump asked the Ukrainian President to announce investigations: one involving his potential opponent in the upcoming 2020 presidential election and a second into allegations that Ukraine interfered in the 2016 election.
The House investigation proceeded in two phases. The fact-finding portion of the investigation was primarily handled by the House Intelligence Committee, in cooperation with the Committee on Oversight and Reform and the Committee on Foreign Affairs. The House later took action to explicitly approve the impeachment investigation by adopting a resolution authorizing the House committees to continue their ongoing investigations as part of the existing House of Representatives inquiry into whether sufficient grounds existed to impeach Trump.
On February 5, 2020, the Senate voted to acquit Trump on both articles of impeachment. Trump's first impeachment took place after a formal House inquiry found that he had solicited foreign interference in the 2020 U.S. presidential election to help his re-election bid, and had then obstructed the inquiry itself by telling his administration officials to ignore subpoenas for documents and testimony. The inquiry reported that Trump withheld military aid and an invitation to the White House from Ukrainian president Volodymyr Zelenskyy to influence Ukraine to announce an investigation into Trump's political opponent Joe Biden.
Trump was impeached for a second time in 2021 following the January 6 United States Capitol attack, making him the first U.S. president in history to be impeached twice. Trump was again acquitted by the Senate in February 2021 after he had left office. Trump is the third U.S. president to be impeached by the House of Representatives, after Andrew Johnson in 1868 and Bill Clinton in 1998.
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The legal basis for Trump's impeachment
The impeachment of Donald Trump, the 45th President of the United States, was based on various alleged violations of the law and the Constitution. Trump was impeached twice during his first term, making him the third US president in history to be impeached.
The first impeachment, on December 18, 2019, was based on two articles: abuse of power and obstruction of Congress. The abuse of power allegation stemmed from Trump's dealings with Ukraine, where he withheld military aid and a White House meeting with Ukrainian President Volodymyr Zelenskyy. In exchange for these, Trump demanded that Ukraine announce an investigation into his political opponent, Joe Biden, and promote a conspiracy theory that Ukraine, not Russia, interfered in the 2016 US election. This was seen as soliciting foreign interference in the 2020 US presidential election to aid his re-election bid. The obstruction of Congress charge was related to Trump's refusal to comply with the inquiry, instructing his administration officials to ignore subpoenas for documents and testimony.
The second impeachment, on January 13, 2021, followed Trump's efforts to overturn the results of the 2020 presidential election by falsely claiming voter fraud. This culminated in the United States Capitol attack on January 6, 2021.
Other grounds for impeachment that have been asserted include possible violations of the Foreign Emoluments Clause of the Constitution by accepting payments from foreign dignitaries; alleged collusion with Russia during the 2016 election campaign; and obstruction of justice in relation to the investigation of the collusion claim. There have also been accusations of associating the Presidency with White Nationalism, Neo-Nazism, and Hatred.
It is important to note that impeachment is a political process rather than a legal or judicial one. While it involves questions of law and fact, the ultimate decision rests with the Senate, which can acquit the President even if a criminal act is proven. In Trump's case, the Senate failed to meet the two-thirds threshold for a guilty verdict during his first impeachment trial, and he remained in office.
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The political nature of impeachment
The first impeachment of Trump centred on his dealings with Ukraine, specifically his pressure on the Ukrainian government to investigate his political rival, Joe Biden, and his son, Hunter Biden. This was seen as an attempt to boost his re-election chances by soliciting foreign interference, which is illegal. The phone call in question, often referred to as the "perfect call" by Trump, was with Ukrainian President Volodymyr Zelensky and took place on July 25, 2019. Trump urged Zelensky to investigate the Bidens, with the implication that the release of congressionally approved security aid to Ukraine was conditional on their cooperation. This led to the Democrat-held House of Representatives impeaching Trump on two charges: abuse of power and obstruction of Congress.
The second impeachment of Trump occurred following the Capitol Hill riot on January 6, 2021. The House introduced and approved an article of impeachment charging the President with incitement to insurrection. This was based on Trump's false statements about the 2020 Presidential election results, which he claimed were fraudulent, and his encouragement of his supporters to take action, which ultimately resulted in the storming of the Capitol.
In both cases, the impeachment process was initiated by the House of Representatives, which is responsible for bringing charges against the President. The Senate then holds a trial to determine guilt or innocence, requiring a two-thirds majority to convict. The political nature of impeachment is evident in the partisan divide during these processes, with Democrats pursuing impeachment and Republicans largely defending Trump.
The potential for political influence in impeachment proceedings is further highlighted by the absence of a clear definition of "high crimes and misdemeanors," which is the constitutional standard for impeachment. There is debate over whether an impeachable offence must be a violation of criminal law or if it can include other types of misconduct. This ambiguity allows for political interpretation and can influence the outcome of impeachment trials.
While impeachment is a political process, it is important to note that it is not solely driven by politics. Legal considerations and interpretations of the Constitution also play a significant role. The political nature of impeachment, however, underscores the importance of checks and balances within the US government and highlights the complex relationship between the executive and legislative branches.
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The role of the Senate in impeachment
The U.S. Constitution grants the Senate the "sole Power to try all Impeachments". When the President of the United States is tried, the Chief Justice presides, and no person can be convicted without the concurrence of two-thirds of the Members present. The Senate has broad discretion in establishing procedures for impeachment trials. For instance, in a lawsuit challenging the Senate's use of a trial committee to take and report evidence, the Supreme Court in Nixon v. United States unanimously ruled that the suit posed a nonjusticiable political question and was not subject to judicial resolution.
The Constitution imposes three precise requirements for impeachment trials in the Senate: Members must be under oath during the proceedings, conviction requires a two-thirds vote, and the Chief Justice must preside if the President is tried. Given these three clear requirements, the Court reasoned that the Framers did not intend to impose additional limitations on the form of the Senate proceedings. Thus, subject to these three requirements, the Senate enjoys substantial discretion in establishing its own procedures during impeachment trials.
While the Senate determines how to conduct impeachment proceedings, the nature and frequency of Senate impeachment trials are largely dependent on the impeachment charges brought by the House. The Senate has only convicted and removed from office seven federal district judges and a Commerce Court judge. The Senate's acquittals may be deemed to have precedential value when assessing whether particular conduct constitutes a removable offense.
In the case of Donald Trump, he was impeached twice during his first term, but the Senate failed to meet the two-thirds threshold for a guilty verdict, so he remained in office.
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Trump's response to impeachment
Trump has been impeached twice, but the Senate failed to meet the two-thirds threshold for a guilty verdict, so he remained in office. The first impeachment was over claims that he abused his power to pressure the Ukrainian government to investigate his domestic political opponents. The second impeachment was in response to the Capitol Hill riot on January 6, 2021.
In response to the House Democrats' arguments for impeachment, Trump's attorneys, Bruce Castor and David Schoen, denied that the former president incited the crowd to engage in destructive behavior outside the White House as Congress convened to count the Electoral College votes. They stated that Trump's phrase, "if you don't fight like hell, you're not going to have a country anymore," was about the need to fight for election security and not connected to the actions at the Capitol. Castor and Schoen also denied that Trump endangered national security, Congress, or the national tradition of a peaceful transition of power, asserting that he "performed admirably in his role as president." They further claimed that the impeachment was "facially and substantively flawed and otherwise unconstitutional."
Trump and his allies have characterized the impeachment efforts as politically motivated attempts to get the president, rather than legitimate endeavours. House Majority Leader Steny Hoyer, a Democrat from Maryland, acknowledged this perspective, stating, "This is about getting the president of the United States. [...] Now it's impeachment, round two. It's always been about getting the president, no matter what. It's an obsession."
Trump has also criticized judges who have blocked his administration's policies and called for their impeachment. In response to one such instance, the chief justice of the US Supreme Court, John Roberts, issued a rare statement, emphasizing that "impeachment is not an appropriate response to disagreement concerning a judicial decision."
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Frequently asked questions
Impeachment is a political process, not a legal one. It does not overturn laws but is a means to remove a President and potentially bar them from holding federal office in the future.
Trump has been impeached twice already, but the Senate failed to meet the two-thirds threshold for a guilty verdict, so he remained in office. If he is impeached again, he could be removed from office and prevented from holding federal office in the future.
Trump was impeached for abuse of power and the obstruction of Congress. This related to his alleged abuse of power in pressuring Ukraine to investigate his political rivals, specifically Joe Biden and his son, Hunter Biden. Trump was also impeached for incitement to insurrection, relating to the Capitol Hill riot on January 6, 2021.
This would require dramatic Democratic Party gains as the Republicans currently have a majority in both the House and the Senate. However, if the Democrats gain control of the House in the 2026 midterm elections, there is a chance they will launch another impeachment of Trump.
There is no provision in the Constitution for a judicial review of impeachments, and the Supreme Court has deemed it a political question. Therefore, the only way to overturn an impeachment conviction would be to act extraconstitutionally, which is essentially illegal.
