The second impeachment, explained
Donald Trump is the first president in history to be impeached twice.
From violent insurrection and flagrant bigotry to Twitter bans and impeachment proceedings, the Capitol has seen a pretty tumultuous week. The Trump presidency is drawing to a bitterly contentious end, revealing fundamental divides in people and politics as well as the true breadth of the damage Trump has the potential to inflict on the stability of American democracy.
In the hopes of preventing further upheaval, Congress is hustling to get the controversial Commander in Chief out of office by whatever legal means prove most efficient. Want to stay on top of this hyper-speed removal operation? Then this one’s for you. Here’s the (second!) Trump impeachment, explained.
A little history
Before we dig into this, some context. While there is some precedent for presidential misconduct, this sort of thing only happens a few times a century. In 1868, Andrew Johnson was the first president to be impeached. Lenient with the Confederacy, he clashed with Radical Republicans in Congress over the management of Reconstruction. Over 100 years later, Bill Clinton was impeached for perjury and obstruction of justice after lying about his infamous affair. And in 1974, Richard Nixon faced impeachment inquiries associated with the Watergate scandal, but left office before he could be tried.
No president has ever been impeached twice or removed, which is part of what makes this moment historic.
What are the options?
When it comes to removing Trump from office, there are essentially 3 courses of action.
- He could resign
- Vice President Pence could invoke the 25th Amendment
- Congress could hold a trial to impeach him
Resignation would likely be the most streamlined option, but at this point it’s highly unlikely that Trump has any intention of doing so. That leaves the 25th (also unlikely but we’ll get to that soon) and impeachment proceedings.
So, what’s the 25th?
It’s an amendment with 4 sections and it outlines what should happen in the event that the US president is in anyway incapacitated (assassinated, resigned, removed, temporarily unable etc). In the case of Donald Trump, it’s the final section that is relevant.
Section 4
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
What does all that legal jargon mean? The VP and “a majority of the principal officers of the executive departments” or a similar body can submit a formal document to Congress expressing their belief that the President isn’t fit to serve. The VP can then take over until the President submits a written response objecting. The VP and Cabinet have 4 days to answer the objection, then the dispute goes to Congress to make a judgement. A ⅔ majority is required to remove the president in this situation.
Should Pence and the Cabinet submit a written declaration condemning President Trump, Pence could take over as Acting President.
Yesterday, Monday the 11th, Democrats introduced a resolution to request that Pence and the Cabinet do so. The hope was to achieve unanimous consent, but there was an objection from West Virginia Rep. Alex Mooney. A floor vote will be held this evening.
And what if the 25th isn’t invoked?
The House of Representatives has actually already introduced Articles of Impeachment, in preparation for the event that the resolution doesn’t pass or Pence refuses to take a stand against the President.
The full document can be found here, but the most important thing to know is that Trump is being charged with incitement of insurrection, in reference to his encouragement of the riot at the Capitol last week.
As stated in the Article of Impeachment: “President Trump gravely endangered the security of the United States and its institutions of Government. He threatened the integrity of the democratic system, interfered with the peaceful transition of power, and imperiled a coequal branch of Government. He thereby betrayed his trust as President, to the manifest injury of the people of the United States.”
The impeachment resolution will be voted on Wednesday morning, despite opposition from some House Republicans. Should Trump be impeached the trial will move to the Senate.
When could the trial begin in the Senate?
Senate Majority Leader Mitch McConnell has stated that even if the House impeaches the President tomorrow, he won’t bring the Senate back from its recess until January 19th. That’s one day before Biden will be inaugurated. This means the removal proceedings couldn’t even begin until Trump’s term has already expired.
There is still some incentive for conviction and removal, even though Trump would likely be gone before it could occur. Conviction is necessary for the Senate to disqualify him from holding office again (there are some legal implications surrounding this, see this explanation in Time). There is also serious momentum to do it simply to set a precedent and hold the guilty party account for his actions.
What are the implications for President-elect Biden?
Holding a major Senate trial in the first few days of Biden’s presidency poses a potential threat to the efficiency of Biden’s ability to get started on his agenda, including the passage of another stimulus bill. Democrats remain adamant that the trial should go forward and that all matters can be addressed. Senate Minority Leader Chuck Schumer claims that the Senate trial can be conducted without impeding Biden’s ability to get his plans underway.
That’s a ton of information, so I’ve streamlined it into a handy little graphic below.
The Options by Mila Barry
Mila Barry is in her fourth year at Gloucester High School, and her third year on the Gillnetter staff. Outside of writing for the newspaper, she’s...
