Donald Trump’s Second Impeachment Trial

Table of Contents

The news

The impeachment trial of Donald Trump is over.
As expected, Senate failed to convict Trump however, the Trump trial took the US government into new legal territory, highlighting unresolved questions about how to address allegations of misconduct by a president about to leave office.

This was not the first time Trump was being impeached.
Trump was impeached by the Democratic-led House in December 2019 on charges of abuse of power and obstruction of Congress over his dealings with Ukraine about political rival Joe Biden.
Trump was acquitted by the Republican-led Senate in February 2020.

Article of impeachment bring charges of “high crime or misdemeanor”.
Congress charged Trump with “inciting violence against the government of the United States” in a bid to overturn his loss to Biden in the 2020 presidential election.

A misconception about impeachment is that it refers to the removal of a president from office. It is not..!!!
Impeachment refers only to the House of Representatives in US Congress. It is similar to indictment in criminal case.
Article 1(2), of the United States Constitution gives the House of Representatives the “sole power” of impeachment and the Senate the “sole power to try” impeachments of officers of the U.S. federal government.

As expected..!!
- The House of Representatives voted to impeach Trump for inciting the deadly January 6 attack at the US Capitol.
- The Senate acquitted him by a 57-43 vote.
  - (Note – 57 Guilty & 43 Not Guilty)
- Bill Cassidy of Louisiana, Richard Burr of North Carolina, Susan Collins of Maine, Lisa Murkowski of Alaska, Mitt Romney of Utah, Ben Sasse of Nebraska and Pat Toomey of Pennsylvania despite being republicans voted against Trump.

Is it legal to hold an impeachment trial for a former president?
- Trump argument: US Constitution’s impeachment clause make clear that the Senate’s power is limited to convicting a sitting president.
- But the Senate voted 56-44 to proceed with the trial.
- Is the Senate decision to put Trump on trial a precedent for future?

Does an impeachable offense need to be a violation of US criminal law?
- Constitution says, a president can be impeached for “high crimes and misdemeanors”.
- Trump argued: An impeachable offense must be a crime under US law.
- Impeachment – upto senate or upto courts?

Is impeachment a viable mechanism for addressing presidential misconduct?
- Three United States presidents have been impeached, although none were convicted: Andrew Johnson in 1868, Bill Clinton in 1998, and Donald Trump in 2019/2021.
- What’s the use of impeachment if there is no conviction?