Trump AdministrationPresident Donald TrumpVice President Mike PenceCabinet • White House staff • Transition teamPolicy positionsDomestic affairs: Abortion • Crime and justice • Education • Energy and the environment • Federal courts • Firearms policy • First Amendment • Healthcare • Immigration • Infrastructure • LGBTQ issues • Marijuana • Puerto Rico • Social welfare programs • Veterans • Voting issuesEconomic affairs and regulations: Agriculture and food policy • Budget • Financial regulation • Jobs • Social Security • Taxes • TradeForeign affairs and national security: Afghanistan • Arab states of the Persian Gulf • China • Cuba • Iran • Iran nuclear deal • Islamic State and terrorism • Israel and Palestine • Latin America • Military • NATO • North Korea • Puerto Rico • Russia • Syria • Syrian refugees • Technology, privacy, and cybersecurityPolling indexes: Opinion polling during the Trump administration

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

On January 13, 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.S. Capitol, which disrupted a joint session of Congress convened to count the electoral votes from the 2020 presidential election. Ten Republicans supported the impeachment.[2][3]

The resolution alleged that Trump attempted to subvert and obstruct the certification of the election results and incited a crowd to breach the Capitol, leading to vandalism, threats to members of the government and congressional personnel, the death of law enforcement, and other seditious acts.[2]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 continue on this path, I think it’s causing tremendous danger to our country and it’s causing tremendous anger.”[4]

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 (N.Y.) said the trial was scheduled to begin the week of February 8, 2021.[6]

On January 25, 2021, House impeachment managers delivered the article of impeachment to the U.S. Senate.[7] Sen. Patrick Leahy (D-Vt.), the president pro tempore of the Senate, presided over the trial.[8]

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 following topics:

• Timeline
• Overview of impeachment process
• Impeachment managers
• U.S. House vote on article of impeachment
• Article 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 acquit Trump of incitement of insurrection by a vote of 57-43.[1]
• February 9, 2021: The Senate trial began with the House impeachment managers and the president’s attorneys debating the constitutionality of the trial. The Senate upheld the constitutionality of the trial by a vote of 56-44.
• February 4, 2021: Trump declined a request from the House impeachment managers to testify at the Senate trial.[9]
• January 31, 2021: Trump announced 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]
• January 26, 2021: Senators were sworn in for the impeachment trial.[11]
• January 25, 2021: The House delivered the article of impeachment to the U.S. Senate.[7]
• January 22, 2021: Pelosi said the House would deliver the article of impeachment to the U.S. Senate on January 25, 2021.[5] Schumer said the trial was scheduled to begin the week of February 8.[6]
• January 21, 2021: Trump hired South Carolina attorney 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. Ten Republicans supported the impeachment resolution.[13]

Overview of impeachment process

See also: Impeachment of federal officials

The United States Congress has the constitutional 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 two stages. First, articles of impeachment against the official must be passed by a majority vote of the U.S. House of Representatives. Then, a trial is conducted in the United States Senate potentially leading to the conviction and removal of the official.[14]

In most impeachment trials, the vice president presides over the trial. However, in impeachment trials of the president, the chief justice of the U.S. Supreme Court presides. In order to remove the person from office, two-thirds of senators that are present to vote must vote to convict on the articles of impeachment.[14]

Process for impeachment and conviction

The following two charts show the process for impeachment, which begins in the U.S. House with the introduction of an impeachment resolution and a committee inquiry conducted by the United States House Committee on the Judiciary. If the committee adopts articles of impeachment against the official, the articles will go to a full floor vote in the U.S. House.

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

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’s activity.

• February 13, 2021: Senators voted to acquit Trump of incitement of insurrection by a vote of 57-43.
• February 12, 2021: Trump’s defense team delivered arguments. Senators asked questions of the defense team and House impeachment managers.
• February 11, 2021: The House impeachment managers finished delivering arguments in the trial.
• February 10, 2021: The House impeachment managers delivered opening arguments in the trial.
• February 9, 2021: The House impeachment managers and the president’s 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 nine impeachment managers, who are responsible for presenting the case for impeachment to the U.S. Senate:[15]

• 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’s 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 attorney from Pennsylvania.[10]

Trump initially hired South Carolina attorney Butch Bowers and four other attorneys to represent him. Bowers previously represented former South Carolina Govs. Mark Sanford (R) and Nikki Haley in separate ethics inquiries.[16] The other four attorneys were Deborah Barbier, Johnny Gasser, Greg Harris, and Joshua Howard. Barbier, Gasser, and Harris are former federal prosecutors.[17]

These five attorneys departed from the case due to a disagreement over strategy, ABC News reported on January 30, 2021.[18]

Vote to acquit (February 13, 2021)

The Senate voted to acquit Trump of incitement of insurrection on February 13, 2021. All 48 Democrats, the two independents who caucused with Democrats, and seven Republicans voted guilty. The other 43 Republicans voted not guilty.[1][19]

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-Neb.)
• Pat Toomey (R-Pa.)

List of U.S. Senate votes on incitement of insurrection, Feb. 13, 2021 Official Party State Vote Tommy Tuberville Republican Alabama Not guilty Richard Shelby Republican Alabama Not guilty Daniel S. Sullivan Republican Alaska Not guilty Lisa Murkowski Republican Alaska Guilty Kyrsten Sinema Democratic Arizona Guilty Mark Kelly Democratic Arizona Guilty Tom Cotton Republican Arkansas Not guilty John Boozman Republican Arkansas Not guilty Dianne Feinstein Democratic California Guilty Alex Padilla Democratic California Guilty Michael Bennet Democratic Colorado Guilty John Hickenlooper Democratic Colorado Guilty Christopher S. Murphy Democratic Connecticut Guilty Richard Blumenthal Democratic Connecticut Guilty Tom Carper Democratic Delaware Guilty Chris Coons Democratic Delaware Guilty Rick Scott Republican Florida Not guilty Marco Rubio Republican Florida Not guilty Jon Ossoff Democratic Georgia Guilty Raphael Warnock Democratic Georgia Guilty Brian E. Schatz Democratic Hawaii Guilty Mazie K. Hirono Democratic Hawaii Guilty Mike Crapo Republican Idaho Not guilty Jim Risch Republican Idaho Not guilty Tammy Duckworth Democratic Illinois Guilty Dick Durbin Democratic Illinois Guilty Mike Braun Republican Indiana Not guilty Todd C. Young Republican Indiana Not guilty Joni Ernst Republican Iowa Not guilty Chuck Grassley Republican Iowa Not guilty Jerry Moran Republican Kansas Not guilty Roger Marshall Republican Kansas Not guilty Mitch McConnell Republican Kentucky Not guilty Rand Paul Republican Kentucky Not guilty Bill Cassidy Republican Louisiana Guilty John Neely Kennedy Republican Louisiana Not guilty Angus King Independent Maine Guilty Susan Collins Republican Maine Guilty Chris Van Hollen Democratic Maryland Guilty Ben Cardin Democratic Maryland Guilty Elizabeth Warren Democratic Massachusetts Guilty Edward J. Markey Democratic Massachusetts Guilty Gary Peters Democratic Michigan Guilty Debbie Stabenow Democratic Michigan Guilty Tina Smith Democratic Minnesota Guilty Amy Klobuchar Democratic Minnesota Guilty Roger Wicker Republican Mississippi Not guilty Cindy Hyde-Smith Republican Mississippi Not guilty Roy Blunt Republican Missouri Not guilty Josh Hawley Republican Missouri Not guilty Jon Tester Democratic Montana Guilty Steve Daines Republican Montana Not guilty Ben Sasse Republican Nebraska Guilty Deb Fischer Republican Nebraska Not guilty Catherine Cortez Masto Democratic Nevada Guilty Jacky Rosen Democratic Nevada Guilty Maggie Hassan Democratic New Hampshire Guilty Jeanne Shaheen Democratic New Hampshire Guilty Bob Menendez Democratic New Jersey Guilty Cory Booker Democratic New Jersey Guilty Tom Udall Democratic New Mexico Guilty Martin Heinrich Democratic New Mexico Guilty Chuck Schumer Democratic New York Guilty Kirsten Gillibrand Democratic New York Guilty Richard Burr Republican North Carolina Guilty Thom Tillis Republican North Carolina Not guilty John Hoeven Republican North Dakota Not guilty Kevin Cramer Republican North Dakota Not guilty Sherrod Brown Democratic Ohio Guilty Rob Portman Republican Ohio Not guilty Jim Inhofe Republican Oklahoma Not guilty James Lankford Republican Oklahoma Not guilty Jeff Merkley Democratic Oregon Guilty Ron Wyden Democratic Oregon Guilty Bob Casey Jr. Democratic Pennsylvania Guilty Pat Toomey Republican Pennsylvania Guilty Sheldon Whitehouse Democratic Rhode Island Guilty Jack Reed Democratic Rhode Island Guilty Lindsey Graham Republican South Carolina Not guilty Tim Scott Republican South Carolina Not guilty John Thune Republican South Dakota Not guilty Mike Rounds Republican South Dakota Not guilty Bill Hagerty Republican Tennessee Not guilty Marsha Blackburn Republican Tennessee Not guilty Ted Cruz Republican Texas Not guilty John Cornyn Republican Texas Not guilty Mike Lee Republican Utah Not guilty Mitt Romney Republican Utah Guilty Patrick Leahy Democratic Vermont Guilty Bernie Sanders Independent Vermont Guilty Tim Kaine Democratic Virginia Guilty Mark Warner Democratic Virginia Guilty Maria Cantwell Democratic Washington Guilty Patty Murray Democratic Washington Guilty Joe Manchin III Democratic West Virginia Guilty Shelley Moore Capito Republican West Virginia Not guilty Tammy Baldwin Democratic Wisconsin Guilty Ronald Harold Johnson Republican Wisconsin Not guilty John Barrasso Republican Wyoming Not guilty Cynthia Lummis Republican Wyoming Not guilty

Vote on constitutionality of the trial (February 9, 2021)

The Senate upheld the constitutionality of the trial after hearing a debate on the subject on February 9, 2021. All Democrats and six Republicans supported the motion:[20]

• Bill 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 motion 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 table that motion by 55-45. All Democrats and five Republicans voted down the motion:[21]

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

Relevant links

• U.S. House of Representatives: Trial Memorandum of the U.S. 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 Insurrection

U.S. 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.

• All 222 Democrats voted yes.
• Ten Republicans also voted yes:
  • Rep. Liz Cheney (R-Wyo.)
  • Rep. Anthony Gonzalez (R-Ohio)
  • Rep. Jaime Herrera Beutler (R-Wash.)
  • Rep. John Katko (R-N.Y.)
  • Rep. Adam Kinzinger (R-Ill.)
  • Rep. Dan Newhouse (R-Wash.)
  • Rep. Peter Meijer (R-Mich.)
  • Rep. Tom Rice (R-S.C.)
  • Rep. Fred Upton (R-Mich.)
  • Rep. David Valadao (R-Calif.)
• 197 Republicans voted no.
• Four Republicans did not vote:
  • Kay Granger (R-Texas)
  • Andy Harris (R-Md.)
  • Gregory Murphy (R-N.C.)
  • Daniel Webster (R-Fla.).

House vote on impeachment of Trump for incitement of insurrection (January 13, 2021) Representative Party State Vote to impeach Adams Democratic NC Yes Aderholt Republican AL No Aguilar Democratic CA Yes Allen Republican GA No Allred Democratic TX Yes Amodei Republican NV No Armstrong Republican ND No Arrington Republican TX No Auchincloss Democratic MA Yes Axne Democratic IA Yes Babin Republican TX No Bacon Republican NE No Baird Republican IN No Balderson Republican OH No Banks Republican IN No Barr Republican KY No Barragán Democratic CA Yes Bass Democratic CA Yes Beatty Democratic OH Yes Bentz Republican OR No Bera Democratic CA Yes Bergman Republican MI No Beyer Democratic VA Yes Bice (OK) Republican OK No Biggs Republican AZ No Bilirakis Republican FL No Bishop (GA) Democratic GA Yes Bishop (NC) Republican NC No Blumenauer Democratic OR Yes Blunt Rochester Democratic DE Yes Boebert Republican CO No Bonamici Democratic OR Yes Bost Republican IL No Bourdeaux Democratic GA Yes Bowman Democratic NY Yes Boyle, Brendan F. Democratic PA Yes Brady Republican TX No Brooks Republican AL No Brown Democratic MD Yes Brownley Democratic CA Yes Buchanan Republican FL No Buck Republican CO No Bucshon Republican IN No Budd Republican NC No Burchett Republican TN No Burgess Republican TX No Bush Democratic MO Yes Bustos Democratic IL Yes Butterfield Democratic NC Yes Calvert Republican CA No Cammack Republican FL No Carbajal Democratic CA Yes Cárdenas Democratic CA Yes Carl Republican AL No Carson Democratic IN Yes Carter (GA) Republican GA No Carter (TX) Republican TX No Cartwright Democratic PA Yes Case Democratic HI Yes Casten Democratic IL Yes Castor (FL) Democratic FL Yes Castro (TX) Democratic TX Yes Cawthorn Republican NC No Chabot Republican OH No Cheney Republican WY Yes Chu Democratic CA Yes Cicilline Democratic RI Yes Clark (MA) Democratic MA Yes Clarke (NY) Democratic NY Yes Cleaver Democratic MO Yes Cline Republican VA No Cloud Republican TX No Clyburn Democratic SC Yes Clyde Republican GA No Cohen Democratic TN Yes Cole Republican OK No Comer Republican KY No Connolly Democratic VA Yes Cooper Democratic TN Yes Correa Democratic CA Yes Costa Democratic CA Yes Courtney Democratic CT Yes Craig Democratic MN Yes Crawford Republican AR No Crenshaw Republican TX No Crist Democratic FL Yes Crow Democratic CO Yes Cuellar Democratic TX Yes Curtis Republican UT No Davids (KS) Democratic KS Yes Davidson Republican OH No Davis, Danny K. Democratic IL Yes Davis, Rodney Republican IL No Dean Democratic PA Yes DeFazio Democratic OR Yes DeGette Democratic CO Yes DeLauro Democratic CT Yes DelBene Democratic WA Yes Delgado Democratic NY Yes Demings Democratic FL Yes DeSaulnier Democratic CA Yes DesJarlais Republican TN No Deutch Democratic FL Yes Diaz-Balart Republican FL No Dingell Democratic MI Yes Doggett Democratic TX Yes Donalds Republican FL No Doyle, Michael F. Democratic PA Yes Duncan Republican SC No Dunn Republican FL No Emmer Republican MN No Escobar Democratic TX Yes Eshoo Democratic CA Yes Espaillat Democratic NY Yes Estes Republican KS No Evans Democratic PA Yes Fallon Republican TX No Feenstra Republican IA No Ferguson Republican GA No Fischbach Republican MN No Fitzgerald Republican WI No Fitzpatrick Republican PA No Fleischmann Republican TN No Fletcher Democratic TX Yes Fortenberry Republican NE No Foster Democratic IL Yes Foxx Republican NC No Frankel, Lois Democratic FL Yes Franklin, C. Scott Republican FL No Fudge Democratic OH Yes Fulcher Republican ID No Gaetz Republican FL No Gallagher Republican WI No Gallego Democratic AZ Yes Garamendi Democratic CA Yes Garbarino Republican NY No Garcia (CA) Republican CA No García (IL) Democratic IL Yes Garcia (TX) Democratic TX Yes Gibbs Republican OH No Gimenez Republican FL No Gohmert Republican TX No Golden Democratic ME Yes Gomez Democratic CA Yes Gonzales, Tony Republican TX No Gonzalez (OH) Republican OH Yes Gonzalez, Vicente Democratic TX Yes Good (VA) Republican VA No Gooden (TX) Republican TX No Gosar Republican AZ No Gottheimer Democratic NJ Yes Granger Republican TX Not voting Graves (LA) Republican LA No Graves (MO) Republican MO No Green (TN) Republican TN No Green, Al (TX) Democratic TX Yes Greene (GA) Republican GA No Griffith Republican VA No Grijalva Democratic AZ Yes Grothman Republican WI No Guest Republican MS No Guthrie Republican KY No Haaland Democratic NM Yes Hagedorn Republican MN No Harder (CA) Democratic CA Yes Harris Republican MD Not voting Harshbarger Republican TN No Hartzler Republican MO No Hastings Democratic FL Yes Hayes Democratic CT Yes Hern Republican OK No Herrell Republican NM No Herrera Beutler Republican WA Yes Hice (GA) Republican GA No Higgins (LA) Republican LA No Higgins (NY) Democratic NY Yes Hill Republican AR No Himes Democratic CT Yes Hinson Republican IA No Hollingsworth Republican IN No Horsford Democratic NV Yes Houlahan Democratic PA Yes Hoyer Democratic MD Yes Hudson Republican NC No Huffman Democratic CA Yes Huizenga Republican MI No Issa Republican CA No Jackson Republican TX No Jackson Lee Democratic TX Yes Jacobs (CA) Democratic CA Yes Jacobs (NY) Republican NY No Jayapal Democratic WA Yes Jeffries Democratic NY Yes Johnson (GA) Democratic GA Yes Johnson (LA) Republican LA No Johnson (OH) Republican OH No Johnson (SD) Republican SD No Johnson (TX) Democratic TX Yes Jones Democratic NY Yes Jordan Republican OH No Joyce (OH) Republican OH No Joyce (PA) Republican PA No Kahele Democratic HI Yes Kaptur Democratic OH Yes Katko Republican NY Yes Keating Democratic MA Yes Keller Republican PA No Kelly (IL) Democratic IL Yes Kelly (MS) Republican MS No Kelly (PA) Republican PA No Khanna Democratic CA Yes Kildee Democratic MI Yes Kilmer Democratic WA Yes Kim (CA) Republican CA No Kim (NJ) Democratic NJ Yes Kind Democratic WI Yes Kinzinger Republican IL Yes Kirkpatrick Democratic AZ Yes Krishnamoorthi Democratic IL Yes Kuster Democratic NH Yes Kustoff Republican TN No LaHood Republican IL No LaMalfa Republican CA No Lamb Democratic PA Yes Lamborn Republican CO No Langevin Democratic RI Yes Larsen (WA) Democratic WA Yes Larson (CT) Democratic CT Yes Latta Republican OH No LaTurner Republican KS No Lawrence Democratic MI Yes Lawson (FL) Democratic FL Yes Lee (CA) Democratic CA Yes Lee (NV) Democratic NV Yes Leger Fernandez Democratic NM Yes Lesko Republican AZ No Levin (CA) Democratic CA Yes Levin (MI) Democratic MI Yes Lieu Democratic CA Yes Lofgren Democratic CA Yes Long Republican MO No Loudermilk Republican GA No Lowenthal Democratic CA Yes Lucas Republican OK No Luetkemeyer Republican MO No Luria Democratic VA Yes Lynch Democratic MA Yes Mace Republican SC No Malinowski Democratic NJ Yes Malliotakis Republican NY No Maloney, Carolyn B. Democratic NY Yes Maloney, Sean Democratic NY Yes Mann Republican KS No Manning Democratic NC Yes Massie Republican KY No Mast Republican FL No Matsui Democratic CA Yes McBath Democratic GA Yes McCarthy Republican CA No McCaul Republican TX No McClain Republican MI No McClintock Republican CA No McCollum Democratic MN Yes McEachin Democratic VA Yes McGovern Democratic MA Yes McHenry Republican NC No McKinley Republican WV No McNerney Democratic CA Yes Meeks Democratic NY Yes Meijer Republican MI Yes Meng Democratic NY Yes Meuser Republican PA No Mfume Democratic MD Yes Miller (IL) Republican IL No Miller (WV) Republican WV No Miller-Meeks Republican IA No Moolenaar Republican MI No Mooney Republican WV No Moore (AL) Republican AL No Moore (UT) Republican UT No Moore (WI) Democratic WI Yes Morelle Democratic NY Yes Moulton Democratic MA Yes Mrvan Democratic IN Yes Mullin Republican OK No Murphy (FL) Democratic FL Yes Murphy (NC) Republican NC Not voting Nadler Democratic NY Yes Napolitano Democratic CA Yes Neal Democratic MA Yes Neguse Democratic CO Yes Nehls Republican TX No Newhouse Republican WA Yes Newman Democratic IL Yes Norcross Democratic NJ Yes Norman Republican SC No Nunes Republican CA No O’Halleran Democratic AZ Yes Obernolte Republican CA No Ocasio-Cortez Democratic NY Yes Omar Democratic MN Yes Owens Republican UT No Palazzo Republican MS No Pallone Democratic NJ Yes Palmer Republican AL No Panetta Democratic CA Yes Pappas Democratic NH Yes Pascrell Democratic NJ Yes Payne Democratic NJ Yes Pelosi Democratic CA Yes Pence Republican IN No Perlmutter Democratic CO Yes Perry Republican PA No Peters Democratic CA Yes Pfluger Republican TX No Phillips Democratic MN Yes Pingree Democratic ME Yes Pocan Democratic WI Yes Porter Democratic CA Yes Posey Republican FL No Pressley Democratic MA Yes Price (NC) Democratic NC Yes Quigley Democratic IL Yes Raskin Democratic MD Yes Reed Republican NY No Reschenthaler Republican PA No Rice (NY) Democratic NY Yes Rice (SC) Republican SC Yes Richmond Democratic LA Yes Rodgers (WA) Republican WA No Rogers (AL) Republican AL No Rogers (KY) Republican KY No Rose Republican TN No Rosendale Republican MT No Ross Democratic NC Yes Rouzer Republican NC No Roy Republican TX No Roybal-Allard Democratic CA Yes Ruiz Democratic CA Yes Ruppersberger Democratic MD Yes Rush Democratic IL Yes Rutherford Republican FL No Ryan Democratic OH Yes Salazar Republican FL No Sánchez Democratic CA Yes Sarbanes Democratic MD Yes Scalise Republican LA No Scanlon Democratic PA Yes Schakowsky Democratic IL Yes Schiff Democratic CA Yes Schneider Democratic IL Yes Schrader Democratic OR Yes Schrier Democratic WA Yes Schweikert Republican AZ No Scott (VA) Democratic VA Yes Scott, Austin Republican GA No Scott, David Democratic GA Yes Sessions Republican TX No Sewell Democratic AL Yes Sherman Democratic CA Yes Sherrill Democratic NJ Yes Simpson Republican ID No Sires Democratic NJ Yes Slotkin Democratic MI Yes Smith (MO) Republican MO No Smith (NE) Republican NE No Smith (NJ) Republican NJ No Smith (WA) Democratic WA Yes Smucker Republican PA No Soto Democratic FL Yes Spanberger Democratic VA Yes Spartz Republican IN No Speier Democratic CA Yes Stanton Democratic AZ Yes Stauber Republican MN No Steel Republican CA No Stefanik Republican NY No Steil Republican WI No Steube Republican FL No Stevens Democratic MI Yes Stewart Republican UT No Stivers Republican OH No Strickland Democratic WA Yes Suozzi Democratic NY Yes Swalwell Democratic CA Yes Takano Democratic CA Yes Taylor Republican TX No Thompson (CA) Democratic CA Yes Thompson (MS) Democratic MS Yes Thompson (PA) Republican PA No Tiffany Republican WI No Timmons Republican SC No Titus Democratic NV Yes Tlaib Democratic MI Yes Tonko Democratic NY Yes Torres (CA) Democratic CA Yes Torres (NY) Democratic NY Yes Trahan Democratic MA Yes Trone Democratic MD Yes Turner Republican OH No Underwood Democratic IL Yes Upton Republican MI Yes Valadao Republican CA Yes Van Drew Republican NJ No Van Duyne Republican TX No Vargas Democratic CA Yes Veasey Democratic TX Yes Vela Democratic TX Yes Velázquez Democratic NY Yes Wagner Republican MO No Walberg Republican MI No Walorski Republican IN No Waltz Republican FL No Wasserman Schultz Democratic FL Yes Waters Democratic CA Yes Watson Coleman Democratic NJ Yes Weber (TX) Republican TX No Webster (FL) Republican FL Not voting Welch Democratic VT Yes Wenstrup Republican OH No Westerman Republican AR No Wexton Democratic VA Yes Wild Democratic PA Yes Williams (GA) Democratic GA Yes Williams (TX) Republican TX No Wilson (FL) Democratic FL Yes Wilson (SC) Republican SC No Wittman Republican VA No Womack Republican AR No Wright Republican TX No Yarmuth Democratic KY Yes Young Republican AK No Zeldin Republican NY No

Article of impeachment

The following document contains the text of the article of impeachment.

Supporting materials prepared by the House Committee on the Judiciary

On January 12, 2021, the House Judiciary Committee Majority Staff prepared the following report providing background materials on the breach of the Capitol and the standards and argument for impeachment.

Constitutionality of Senate trial of former president

The question of whether the Senate can hold a trial for and convict a former president is unsettled. Article II, Section 4 of the U.S. Constitution provides:[22]

“ The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.[23] ” —Article II, Section 4, of the U.S. Constitution

Article I, Section 3, of the Constitution, also states the following:

“ Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.[23] ” —Article I, Section 3, Clause 7, of the U.S. 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 language of Section 4 to refer to an official in office.[24]

Luttig said, “The very concept of constitutional 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 ‘civil official’ before he could further harm the nation from the office he then occupies.”[24]

Laurence Tribe, a professor emeritus at Harvard Law School, said that the Senate had the constitutional authority to pursue proceedings against a former present. He said that Article I, Section 3, distinguishes between removal and disqualification. He said,

“To be sure, a former officer may no longer be ‘removed’ even upon conviction by a two-thirds vote. But that has no bearing on whether such an ex-officer may be barred permanently from office upon being convicted. That separate judgment would require no more than a simple majority vote,” Tribe said. “Concluding otherwise would all but erase the disqualification power from the Constitution’s text: If an impeachable officer became immune from trial and conviction upon leaving office, any 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 to debate, it appears that most scholars who have closely examined the question have concluded that Congress has authority 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 Research Service: The Impeachment and Trial of a Former President (January 15, 2021)
• Robert A. Levy, Cato Institute: Impeachment of an Ex‐​President Is Unconstitutional (January 22, 2021)
• Natasha Bertrand, Politico: Legal scholars, including at Federalist Society, say Trump can be convicted (January 21, 2020)
• Alan Dershowitz, The Wall Street Journal: No, You Can’t Try an Impeached Former President (January 20, 2021)
• Keith E. Whittington, The Wall Street Journal: Yes, the Senate Can Try Trump (January 22, 2021)
• Ian Millhiser, Vox: Is it constitutional to hold an impeachment trial for a former president? (January 23, 2021)

Which presidents have been impeached?

See also: Impeachment of federal officials

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

Andrew Johnson

On February 24, 1868, President Andrew Johnson (Union) became the first sitting president to be impeached. Following Congress’ passage of the Tenure of Office Act forbidding the president from removing federal officials without the approval of Congress, Johnson fired Secretary of War Edwin Stanton and replaced him with Ulysses S. Grant. Johnson hoped to challenge the constitutionality of the Act.

The House charged him with violating the Act 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 party to prevent Johnson’s conviction.[27]

Richard Nixon

Three articles of impeachment for obstruction of justice, misuse of power, and contempt of Congress were approved by the House Judiciary Committee against 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 two years earlier.

Nixon resigned on August 8, 1974, before the articles of impeachment went to a full floor vote in the House.[28]

Bill Clinton

President William Jefferson Clinton (D) was impeached by the U.S. House on charges of perjury and obstruction of justice on December 19, 1998. The first article of impeachment for perjury passed the House by a vote of 228-206, while the second vote on obstruction of justice passed by 221-212. The charges stemmed from an affair Clinton had with White House staffer Monica Lewinski. House Republicans accused Clinton of lying and having others lie to hide the affair. Two other charges, perjury in regards to an affair with Paula Jones and abuse of power, were rejected by the House.[29]

With 708 days remaining in his second term as president, the Senate acquitted Clinton on both charges brought up by 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 50-50.[30]

See also

• Counting of electoral votes (January 6-7, 2021)
• Breach of U.S. Capitol during electoral vote count (January 6, 2021)
• Reactions to U.S. Capitol breach during electoral vote count (January 6, 2021)
• Impeachment of Donald Trump, 2019-2020

Footnotes

2020 United States presidential electionOverviewsPrimaries and election datesDemocratic nominationDemocratic debatesRepublican nominationIssuesBallotpediaAboutEditorial