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If a President Is Impeached by House but Exonerated by Senate Can He Ryn for President Again

Written By Thursday, 24 March 2022 Add Comment Edit

On February 13, 2021, former President Donald Trump (R) was acquitted of incitement of insurrection. Fifty-vii senators voted to captive and 43 voted to carry. Conviction requires a two-thirds vote of senators present.[1]

On January thirteen, 2021, the House of Representatives voted to impeach Trump by a vote of 232-197 for incitement of insurrection. The resolution followed the January 6, 2021, breach of the U.Southward. Capitol, which disrupted a joint session of Congress convened to count the electoral votes from the 2020 presidential election. 10 Republicans supported the impeachment.[2] [iii]

The resolution alleged that Trump attempted to subvert and obstruct the certification of the election results and incited a crowd to alienation the Capitol, leading to vandalism, threats to members of the government and congressional personnel, the death of law enforcement, and other seditious acts.[two] Click here to read the resolution.

On January 12, 2021, Trump called the impeachment resolution the "continuation of the greatest witch hunt in the history of politics." He added, "For Nancy Pelosi and Chuck Schumer to go on on this path, I think it'south causing tremendous danger to our country and it'due south causing tremendous anger."[iv]

Pelosi said the House would deliver the article of impeachment to the U.S. Senate on January 25, 2021.[5] Senate Majority Leader Chuck Schumer (North.Y.) said the trial was scheduled to begin the week of February eight, 2021.[half-dozen]

On Jan 25, 2021, House impeachment managers delivered the commodity of impeachment to the U.S. Senate.[seven] Sen. Patrick Leahy (D-Vt.), the president pro tempore of the Senate, presided over the trial.[viii]

This was the first time in U.S. history that a president has been impeached twice. Trump was previously impeached and acquitted of abuse of power and obstruction of Congress charges in 2020.

This page contains an overview of the post-obit topics:

  • Timeline
  • Overview of impeachment process
  • Impeachment managers
  • U.S. House vote on article of impeachment
  • Commodity of impeachment
  • Supporting materials prepared by the House Committee on the Judiciary
  • Constitutionality of Senate trial and conviction of former president

Updates

  • February 13, 2021: The Senate voted to comport Trump of incitement of insurrection past a vote of 57-43.[ane]
  • Feb nine, 2021: The Senate trial began with the Business firm impeachment managers and the president'southward attorneys debating the constitutionality of the trial. The Senate upheld the constitutionality of the trial past a vote of 56-44.
  • February iv, 2021: Trump declined a asking from the House impeachment managers to testify at the Senate trial.[9]
  • January 31, 2021: Trump appear that he had hired David Schoen and Bruce Castor to represent him during the impeachment trial, replacing five previously announced members of his legal team.[10]
  • Jan 26, 2021: Senators were sworn in for the impeachment trial.[11]
  • January 25, 2021: The Firm delivered the commodity of impeachment to the U.Southward. Senate.[7]
  • January 22, 2021: Pelosi said the House would deliver the article of impeachment to the U.South. Senate on January 25, 2021.[v] Schumer said the trial was scheduled to begin the week of February 8.[6]
  • January 21, 2021: Trump hired South Carolina chaser Butch Bowers to represent him in the impeachment trial.[12]
  • January 13, 2021: The House voted to impeach Trump by a vote of 232-197. X Republicans supported the impeachment resolution.[xiii]

Overview of impeachment process

See also: Impeachment of federal officials

The United States Congress has the ramble authority to impeach and remove a federal official from office—including the president—if he or she has committed an impeachable offense. Impeaching and removing an official has ii stages. Commencement, articles of impeachment against the official must be passed past a majority vote of the U.S. House of Representatives. And then, a trial is conducted in the United states Senate potentially leading to the conviction and removal of the official.[fourteen]

In about impeachment trials, the vice president presides over the trial. Nonetheless, in impeachment trials of the president, the chief justice of the U.S. Supreme Court presides. In club to remove the person from function, 2-thirds of senators that are present to vote must vote to captive on the manufactures of impeachment.[fourteen]

Procedure for impeachment and conviction

The following ii charts show the process for impeachment, which begins in the U.S. House with the introduction of an impeachment resolution and a commission research conducted by the United States House Committee on the Judiciary. If the committee adopts manufactures of impeachment confronting the official, the articles will become to a full flooring vote in the U.South. Firm.

Congress Impeachment - US House.png

When articles of impeachment are adopted by the U.South. House, the process moves to the U.S. Senate where senators volition either carry or convict the official following a trial.

Congress Impeachment - US Senate.png

Trial in U.S. Senate

Trial timeline

This list provides a timeline of the trial proceedings, a link to a recording of each session, and brief summary of the session'south activity.

  • February xiii, 2021: Senators voted to carry Trump of incitement of insurrection past a vote of 57-43.
  • February 12, 2021: Trump's defense squad delivered arguments. Senators asked questions of the defense team and Business firm impeachment managers.
  • February eleven, 2021: The Business firm impeachment managers finished delivering arguments in the trial.
  • February 10, 2021: The House impeachment managers delivered opening arguments in the trial.
  • Feb 9, 2021: The House impeachment managers and the president'south attorneys debated the constitutionality of the trial. The Senate upheld the constitutionality of the trial by a vote of 56-44.

Impeachment managers

On January 12, 2021, House Speaker Nancy Pelosi (D-Calif.) named ix impeachment managers, who are responsible for presenting the case for impeachment to the U.S. Senate:[fifteen]

  • Rep. Jamie Raskin (D-Md.), lead impeachment manager
  • Rep. Joaquin Castro (D-Texas)
  • Rep. David Cicilline (D-R.I.)
  • Rep. Madeleine Dean (D-Pa.)
  • Rep. Diana DeGette (D-Colo.)
  • Rep. Joe Neguse (D-Colo.)
  • Del. Stacey Plaskett (D-V.I.)
  • Rep. Ted Lieu (D-Calif.)
  • Rep. Eric Swalwell (D-Calif.)

Trump'south defense attorneys

Trump announced on January 31, 2021, that he had hired David Schoen and Bruce Castor to represent him during the impeachment trial. Schoen previously represented Trump adviser Roger Stone, and Castor is a former district chaser from Pennsylvania.[x]

Trump initially hired South Carolina attorney Butch Bowers and four other attorneys to stand for him. Bowers previously represented one-time Southward Carolina Govs. Mark Sanford (R) and Nikki Haley in carve up ethics inquiries.[xvi] The other four attorneys were Deborah Barbier, Johnny Gasser, Greg Harris, and Joshua Howard. Barbier, Gasser, and Harris are sometime federal prosecutors.[17]

These 5 attorneys departed from the case due to a disagreement over strategy, ABC News reported on January xxx, 2021.[xviii]

Vote to acquit (February 13, 2021)

The Senate voted to acquit Trump of incitement of insurrection on Feb 13, 2021. All 48 Democrats, the two independents who conclave with Democrats, and vii Republicans voted guilty. The other 43 Republicans voted not guilty.[1] [xix]

The seven Republicans to vote guilty were:

  • Richard Burr (R-N.C.)
  • Bill Cassidy (R-La.)
  • Susan Collins (R-Maine)
  • Lisa Murkowski (R-Alaska)
  • Mitt Romney (R-Utah)
  • Ben Sasse (R-Pecker.)
  • Pat Toomey (R-Pa.)

Vote on constitutionality of the trial (February nine, 2021)

The Senate upheld the constitutionality of the trial after hearing a debate on the subject on Feb ix, 2021. All Democrats and six Republicans supported the motion:[20]

  • Neb Cassidy (R-La.)
  • Susan Collins (R-Maine)
  • Lisa Murkowski (R-Alaska)
  • Mitt Romney (R-Utah)
  • Ben Sasse (R-Neb.)
  • Pat Toomey (R-Pa.)

Vote on movement challenging constitutionality of the trial (January 26, 2021)

Sen. Rand Paul (R-Ky.) requested a vote on the constitutionality of the trial on January 26, 2021. The Senate voted to tabular array that move by 55-45. All Democrats and 5 Republicans voted down the motion:[21]

  • Susan Collins (R-Maine)
  • Lisa Murkowski (R-Alaska)
  • Paw Romney (R-Utah)
  • Ben Sasse (R-Neb.)
  • Pat Toomey (R-Pa.)

Relevant links

  • U.S. House of Representatives: Trial Memorandum of the U.Southward. House of Representatives in the Impeachment Trial of President Donald J. Trump
  • Counsel to Trump: Answer of President Donald John Trump to Article I: Incitement of Coup

U.Due south. House vote on article of impeachment

On January 13, 2021, the House impeached Trump for incitement of insurrection by a vote of 232 to 197.

Business firm debates and votes on article of impeachment against President Donald Trump, January 13, 2021

  • All 222 Democrats voted aye.
  • X Republicans also voted aye:
    • Rep. Liz Cheney (R-Wyo.)
    • Rep. Anthony Gonzalez (R-Ohio)
    • Rep. Jaime Herrera Beutler (R-Wash.)
    • Rep. John Katko (R-Northward.Y.)
    • Rep. Adam Kinzinger (R-Ill.)
    • Rep. Dan Newhouse (R-Wash.)
    • Rep. Peter Meijer (R-Mich.)
    • Rep. Tom Rice (R-Southward.C.)
    • Rep. Fred Upton (R-Mich.)
    • Rep. David Valadao (R-Calif.)
  • 197 Republicans voted no.
  • Four Republicans did non vote:
    • Kay Granger (R-Texas)
    • Andy Harris (R-Md.)
    • Gregory Irish potato (R-N.C.)
    • Daniel Webster (R-Fla.).

Article of impeachment

The following certificate contains the text of the commodity of impeachment.

Supporting materials prepared past the House Committee on the Judiciary

On January 12, 2021, the Business firm Judiciary Committee Majority Staff prepared the post-obit report providing background materials on the breach of the Capitol and the standards and statement for impeachment.

Constitutionality of Senate trial of old president

The question of whether the Senate tin hold a trial for and convict a sometime president is unsettled. Article Two, Section iv of the U.S. Constitution provides:[22]

" The President, Vice President and all civil Officers of the Us, shall exist removed from Office on Impeachment for, and Confidence of, Treason, Bribery, or other high Crimes and Misdemeanors.[23] "
—Article 2, Section 4, of the U.Due south. Constitution

Article I, Department 3, of the Constitution, besides states the post-obit:

" Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and savor whatsoever Part of honor, Trust or Profit under the U.s.: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Penalty, according to Constabulary.[23] "
—Article I, Section 3, Clause 7, of the U.South. Constitution


J. Michael Luttig, who served on the U.S. Court of Appeals for the Fourth Circuit for 25 years, said that such a trial would be unconstitutional. He interpreted the linguistic communication of Section 4 to refer to an official in office.[24]

Luttig said, "The very concept of ramble impeachment presupposes the impeachment, conviction and removal of a president who is, at the time of his impeachment, an incumbent in the office from which he is removed. Indeed, that was the purpose of the impeachment power, to remove from office a president or other 'ceremonious official' earlier he could further harm the nation from the office he then occupies."[24]

Laurence Tribe, a professor emeritus at Harvard Police School, said that the Senate had the constitutional authority to pursue proceedings confronting a old present. He said that Article I, Section three, distinguishes betwixt removal and disqualification. He said,

"To exist sure, a onetime officer may no longer exist 'removed' fifty-fifty upon conviction by a two-thirds vote. But that has no begetting on whether such an ex-officeholder may be barred permanently from office upon being convicted. That separate judgment would require no more than a uncomplicated bulk vote," Tribe said. "Concluding otherwise would all simply erase the disqualification power from the Constitution'due south text: If an impeachable officer became immune from trial and conviction upon leaving office, whatever official seeing conviction as imminent could easily remove the prospect of disqualification simply by resigning moments before the Senate's anticipated verdict."[25]

The Congressional Research Service said in a report on January 15, 2021, "Though the text is open up to fence, it appears that nearly scholars who have closely examined the question take ended that Congress has dominance to extend the impeachment process to officials who are no longer in office."[26]

Click on one of the following links for additional arguments for and against the constitutionality of the trial:

  • Congressional Enquiry Service: The Impeachment and Trial of a Erstwhile President (Jan xv, 2021)
  • Robert A. Levy, Cato Plant: Impeachment of an Ex‐​President Is Unconstitutional (Jan 22, 2021)
  • Natasha Bertrand, Politico: Legal scholars, including at Federalist Society, say Trump can exist convicted (January 21, 2020)
  • Alan Dershowitz, The Wall Street Periodical: No, You Tin can't Try an Impeached Quondam President (January 20, 2021)
  • Keith E. Whittington, The Wall Street Journal: Yes, the Senate Can Effort Trump (January 22, 2021)
  • Ian Millhiser, Vox: Is it constitutional to concord an impeachment trial for a former president? (January 23, 2021)

Which presidents have been impeached?

Run into as well: Impeachment of federal officials

This department provides a brief history of the impeachment of presidents. Of the other three presidents who have had articles of impeachment confronting them adopted, two were acquitted by the U.South. Senate and i resigned before the full U.S. House vote took place.

Andrew Johnson

On February 24, 1868, President Andrew Johnson (Wedlock) became the first sitting president to be impeached. Following Congress' passage of the Tenure of Office Human action forbidding the president from removing federal officials without the approving of Congress, Johnson fired Secretarial assistant of War Edwin Stanton and replaced him with Ulysses S. Grant. Johnson hoped to claiming the constitutionality of the Act.

The House charged him with violating the Deed and passed an impeachment resolution 126-47. Johnson was acquitted by the Senate on May 16, 1868, by a vote of 35-19, one vote short of two-thirds. Seven Republican senators broke ranks with the political party to forbid Johnson's conviction.[27]

Richard Nixon

Three articles of impeachment for obstruction of justice, misuse of power, and contempt of Congress were canonical past the Firm Judiciary Committee confronting President Richard Nixon (R) in July 1974. The charges followed Nixon's involvement in covering up the attempted burglary and wiretapping of the Democratic National Committee headquarters at Watergate ii years earlier.

Nixon resigned on August viii, 1974, before the manufactures of impeachment went to a total floor vote in the House.[28]

Beak Clinton

President William Jefferson Clinton (D) was impeached by the U.Southward. House on charges of perjury and obstruction of justice on Dec xix, 1998. The first commodity of impeachment for perjury passed the Business firm by a vote of 228-206, while the 2d vote on obstruction of justice passed by 221-212. The charges stemmed from an thing Clinton had with White House staffer Monica Lewinski. Business firm Republicans accused Clinton of lying and having others prevarication to hide the affair. Two other charges, perjury in regards to an affair with Paula Jones and corruption of ability, were rejected past the House.[29]

With 708 days remaining in his second term equally president, the Senate acquitted Clinton on both charges brought up past the House on February 12, 1999. The perjury charge failed by a vote of 45-55 while the obstruction of justice charge failed on a tied vote of l-50.[30]

See also

  • Counting of balloter votes (January half dozen-7, 2021)
  • Breach of U.Due south. Capitol during balloter vote count (January 6, 2021)
  • Reactions to U.South. Capitol breach during electoral vote count (January six, 2021)
  • Impeachment of Donald Trump, 2019-2020

Footnotes

  1. ↑ 1.0 ane.i 1.two The New York Times, "Live Senate Vote Results: Impeachment Charge Against Trump," February 13, 2021
  2. ↑ ii.0 ii.1 Associated Press, "Republicans block mensurate calling for quick removal of Trump," January 11, 2021
  3. ↑ CNN, "Business firm Democrats introduce impeachment resolution, charging Trump with 'incitement of insurrection,'" January xi, 2021
  4. ↑ NBC New York, "Latest Updates: Trump Calls Impeachment Push 'Continuation of Greatest Witch Hunt,'" January 12, 2021
  5. ↑ 5.0 5.1 Speaker of the Firm, "Pelosi Announces House Will Evangelize Commodity of Impeachment to Senate on January 25," January 22, 2021
  6. ↑ half-dozen.0 6.1 CBS News, "Trump's impeachment trial to begin week of Feb 8," Jan 23, 2021
  7. ↑ 7.0 7.ane Politico, "Trump's second impeachment trial launches with questions over witnesses," January 25, 2021
  8. ↑ Sen. Patrick Leahy, "Comment On Presiding Over The Impeachment Trial Of President Donald Trump," January 25, 2021
  9. ↑ CNN, "Trump quickly rejects impeachment managers' request for testimony at impeachment trial," February 4, 2021
  10. ↑ 10.0 ten.1 The New York Times, "Trump Names Two Members of Impeachment Defence force Squad," January 31, 2021
  11. ↑ CNN, "Senators sworn in for Trump impeachment trial," January 26, 2021
  12. ↑ Forbes, "Reports: Trump Hires Attorney Butch Bowers After Struggling To Course Impeachment Defense force Team," January 21, 2021
  13. ↑ CNN, "House impeaches Trump for role in mortiferous Capitol anarchism," January 13, 2021
  14. ↑ 14.0 14.one Congressional Inquiry Service, "Impeachment and removal," October 29, 2015
  15. ↑ The Hill, "Pelosi names 9 impeachment managers," January 12, 2021
  16. ↑ The Post and Courier, "Butch Bowers, SC'due south go-to GOP lawyer, seen as steady manus in Trump's impeachment defense," January 22, 2021
  17. ↑ CNN, "Iii new lawyers added to Trump'south impeachment defense, boosting team to v," Jan 29, 2021
  18. ↑ ABC News, "Donald Trump's entire legal team quits calendar week before impeachment trial," January xxx, 2021
  19. ↑ United states Senate, "Question: Guilty or Not Guilty (Commodity of Impeachment Against Former President Donald John Trump )," accessed February fifteen, 2021
  20. ↑ Senate.gov, "On the Movement (Is Former President Donald John Trump Subject to a Court of Impeachment for Acts Committed While President?)," February ix, 2021
  21. ↑ Vocalisation, "A stunt from Rand Paul reveals express Republican support for impeachment," January 26, 2021
  22. ↑ Constitution Center, "Commodity Ii: Executive Branch," accessed Jan 25, 2021
  23. ↑ 23.0 23.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  24. ↑ 24.0 24.1 The Washington Mail service, "Once Trump leaves role, the Senate can't hold an impeachment trial," Jan 12, 2021
  25. ↑ The Washington Post, "The Senate can constitutionally hold an impeachment trial after Trump leaves role," January 13, 2021
  26. ↑ Congressional Research Service, "The Impeachment and Trial of a Erstwhile President," January xv, 2021
  27. ↑ PBS, "The Impeachment of Andrew Johnson," accessed March 27, 2014
  28. ↑ History, "The Watergate Scandal: A Timeline," June ten, 2019
  29. ↑ New York Times, "IMPEACHMENT: THE OVERVIEW -- CLINTON IMPEACHED; HE FACES A SENATE TRIAL, second IN HISTORY; VOWS TO Practise Chore TILL TERM'Due south 'LAST Hr'," Dec 22, 1998
  30. ↑ Washington Postal service, "The Senate Acquits President Clinton," February xiii, 1999

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