WHAT IS IMPEACHMENT?

The Constitution of the United States of America provides in Article I, Section 2 that the House of Representatives ‘shall have the sole Power of Impeachment’ and Article I,Section 3 states ‘Senate shall have the sole Power to try all Impeachments… but no person shall be convicted without the Concurrence of two-thirds of the Members Present’. The President, Vice President and all Civil officers can be subject to impeachment.

To be impeached, the person must have committed one of the violations mentioned in the Constitution such as ‘treason, bribery, or other high crimes and misdemeanors’.

WHAT HAPPENS IN IMPEACHMENT PROCEEDINGS?

During impeachment proceedings, the House of Representatives charges an official of the government by approving the articles of impeachment by a majority vote. A committee of representatives, also known as ‘managers’ act as the prosecutors before the senate. The Senate sits as the High Court of Impeachment and is presented with the evidence. They also vote to acquit or convict the accused.

During Presidential impeachment trials, the Chief Justice of the US presides. According to the Constitution, a two-third majority vote is required of the Senate to convict the accused. If impeached, the official is removed from office.

In certain cases, the Senate also has the power to disqualify the official for life from holding  a public office. There is also no option of appeal.

TRUMP’S FIRST IMPEACHMENT TRIAL 

The first impeachment of President Donald Trump began on December 18th, 2019. The House adopted two Articles of Impeachment against Trump ; Abuse of Power and Obstruction of Congress.

Trump’s impeachment came as a result of a formal house inquiry which alleged that he solicited foreign interference during the 2020 US Presidential election to help him get re-elected. Trump was further accused of obstructing this inquiry by telling the administration officers to ignore subpoenas regarding the documents and testimonies.

The inquiry stage of the impeachment lasted from September to November 2019. In November, the House Intelligence Committee held a number of public hearings to testify witnesses. Impeachment hearings began on December 4th 2019 and on December 12, the House Judiciary Committee voted 23-17 to recommend two articles of impeachment.

On January 16th 2020,the Articles were submitted infront of the Senate, which was controlled by the Republicans, whose leader at that time was Trump.On February 5th 2020, Trump was acquitted on both counts by the Senate. On Article I ; Abuse of power the vote was 48 for conviction and 52 for acquittal and on Article II ; Obstruction of Congress, the vote was 47 for conviction and 53 for acquittal. The total votes needed for conviction were 67.

TRUMPS’ SECOND IMPEACHMENT TRIAL 

On January 13 2021, The House of Representatives voted 323 to 197 to impeach Trump for a second time due to ‘incitement of insurrection’ after Trump supporters stormed the Capital in an attempt to overturn the result of the 2020 Presidential elections, which Trump lost.  Trump was accused of inciting riots which led to the death of five people, including a police officer.

At the beginning of the trial, Senator Rand Paul forced a vote to dismiss the impeachment charge by stating that it was unconstitutional to impeach a former President. This motion was however defeated by a vote of 55-45.

During the Trial, Trump’s team claimed that his speech  was not the reason for the riots in the Capitol as he was only exercising his first amendment rights. They also argued that the trial was unconstitutional on the same grounds as Rand Paul, by stating that he had left office.

The Democrats were also accused of using the impeachment process for partisan gain and of trying to disenfranchise the people who voted for Trump.

The Democratic House impeachment managers argued that the President was ‘singularly responsible’ for the violence in the Capitol. They showed a video based on which the managers argued that it was clear the mob was pro Trump and were there for the former President. They also stated that Trump laid the groundwork for his supporters by making claims of election fraud.

The Senate voted 57-43 to convict Trump of inciting insurrection on February 13 2021, which fell short of the required two-thirds majority as required by the Constitution. Thus, Trump was acquitted for a second time.

AFTERMATH 

Had the former President been impeached, the Senate could have barred him from holding any federal elective office with majority vote.

This can also be done by invoking section three of the post civil war 14th Amendment which forbids anyone from holding office if they have engaged in ‘insurrection or rebellion’ against a federal office.

Furthermore, Senator Mitch McConnel has stated that Trump can still face criminal prosecution for his action while he was in office as an ordinary citizen. He can be charged under section 2383 of the US code which makes it a federal offence to ‘incite,set on foot, assist, or engage in any rebellion or insurrection against the authority of the United States’.

Trump and his lawyer Rudy Guiiani have also been sued for conspiring to incite violence in the Capitol Hill riots. With the trial to still take place, only time will tell whether the notorious President shall face any legal punishment for his controversial tenure in the White House.