DH Deciphers | Donald Trump impeached but will he go before January 20?

On January 13, the House of Representatives – the lower house of the US Congress – voted 232-197 to impeach Donald Trump, making him the first American president to be charged with misconduct twice. He was previously impeached in December 2019 for allegedly offering a quid pro quo to Ukrainian President Volodymyr Zelensky. This time around, the US House impeached Trump for “incitement of insurrection”, alleging that his speech on January 6 incited his supporters to storm into the Capitol and disrupt the proceedings of the US Congress and stop it from certifying Joe Biden's election.

What exactly is impeachment?

In the US, impeachment is the process adopted by a legislative body to formally accuse a public official of a serious offence with respect to their job. In the Indian context, it's a bit similar to parliament (specifically, the Lok Sabha) passing a no-confidence motion against the prime minister.

Trump's term will anyway end on January 20. Why is the US House so keen to remove him?

The Article of Impeachment accused Trump of “inciting violence against the government of the US” and cited quotes from the speech he delivered on January 6 – just before his supporters raided the Capitol. “If you don’t fight like hell, you’re not going to have a country any more,” the Article of Impeachment quoted him.

House Democrats pointed out that Trump had used his power as the leader of the nation to incite an insurrection against the legislative branch of the government – the House. They argued that allowing him to go unpunished would set a dangerous precedent.

Does impeachment automatically lead to removal of office?

No. The US Constitution gives the House of Representatives the power to impeach so that the legislature can hold any government official accountable for “treason, bribery or other high crimes and misdemeanours”. But impeachment does not automatically lead to the removal of the president or any other official. The Constitution has given the Senate (the upper house of the US Congress) the power to convict or acquit an official impeached by the House of Representatives. While a simple majority of representatives is enough to impeach the president, an impeached official can be convicted only with the support of two-third senators. The Senate can not only remove the convicted president but also bar him from receiving pension and other benefits.

Will the Senate do that?

Unlikely because members of the Republican party (to which Trump belongs) currently have a majority in the Senate. Senate Majority Leader Mitch McConnell is purportedly among the Republicans who are keen to purge Trump from their party. But he is not willing to reconvene the Senate before January 19. Senate Minority Leader Chuck Schumer is, however, exploring the possibility of convening an emergency session. Even if he succeeds, it seems unlikely that the Senate will complete the trial and convict or acquit Trump before his term ends. So even if the proceedings start on January 19, they are likely to continue beyond January 20, when Biden takes office.

Can Trump be barred from contesting the election again?

Legal experts in the US differ on whether the Senate could bar a former president from holding public office in future. Conviction in an impeachment trial would not automatically disqualify Trump from future public office. But if the Senate were to convict him, the Constitution allows a subsequent vote to bar an official from holding “any office of honour, trust or profit under the US.” That vote would require only a simple majority of senators.