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Second impeachment of Donald Trump

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Donald Trump's signature

Seal of the President of the United States

Following the 2021 storming of the United States Capitol by supporters of outgoing President Donald Trump on January 6, 2021, government officials accused him of incitement to violence for encouraging the event and called for him to be removed from office. Democratic and Republican Party members of Congress including House Speaker Nancy Pelosi, Senate Minority Leader Chuck Schumer, and associated officials[1] have called for stripping Trump of his powers and duties immediately under Section 4 of the Twenty-fifth Amendment to the United States Constitution, demanding his immediate resignation from office, or removing Trump from office via impeachment and conviction. The following conditions would occur if either action were implemented before January 20, 2021:

  • If Trump were to resign, Vice President Mike Pence would become the 46th president of the United States; he would be the shortest-serving president ever, being in office for only a matter of days before his term expired. This would surpass the record of William Henry Harrison, who died 31 days into his term. It would be the second time in history that a president resigned voluntarily; the first was the 1974 resignation of Richard Nixon when it appeared inevitable that he would be impeached and removed from office for his role in the Watergate scandal. Joe Biden would be sworn in as the 47th president of the United States on January 20.
  • If a 25th Amendment action is carried out, it would make Pence the acting president, assuming the "powers and duties of the office" of the president, while Trump would remain president, stripped of all authority. It would also be the first time in history that Section 4 of the 25th Amendment was invoked.[2][3] Joe Biden would still be sworn in as the 46th president on January 20, 2021.
  • If impeachment and conviction were to occur before Trump’s term ends, it would make Pence the 46th president with immediate effect, and Trump the first president in United States history to be convicted in an impeachment trial. If Trump were impeached (regardless of the outcome of the subsequent trial in the Senate), it would also make him the first president in United States history to be impeached twice. Discussions have been made about possibly convicting Trump in the Senate after he leaves office. However, this has never been constitutionally tested, except for the 1876 trader post scandal, which saw Secretary of War William W. Belknap impeached by the House even after he had already resigned, although he was acquitted by the Senate.[4]

As of the evening of January 7, 2021, over 200 House and Senate members were calling for Trump's removal either via the 25th Amendment or impeachment, as NBC News reported.[5] Speaker Pelosi said the House will impeach Trump for instigating "an armed insurrection against America" if his cabinet does not strip him of his powers and duties, using the 25th Amendment.[6]

As of January 8, Democrats planned to introduce an impeachment resolution on Monday, January 11, and the House Rules Committee was also expected to meet that day or the next "to approve a rule that would govern floor debate for an impeachment resolution and Raskin's bill to create a new mechanism to invoke the 25th Amendment."[7]

25th Amendment

See also: Twenty-fifth Amendment to the United States Constitution

The 25th Amendment to the United States Constitution deals with presidential succession and disability. Though the amendment thus far has been used in medical situations, Section 4 provides that the vice president, together with a majority of certain Cabinet officers, may declare the president unable to carry out his duties, after which the vice president immediately assumes the duties of the president.

On the evening of January 6, CBS News reported that Cabinet members were discussing invoking the 25th Amendment.[8] The ten Democrats on the House Judiciary Committee, led by U.S. Representative David Cicilline, sent a letter to Pence to "emphatically urge" him to invoke the 25th Amendment and declare Trump "unable to discharge the powers and duties of his office," claiming that he incited and condoned the riots.[9][10] As of January 7, Pence has not taken a public position on invocation and the level of support this measure commands from members of the Cabinet is unclear. For invocation, Pence and at least eight Cabinet members, comprising a simple majority, would have to consent. Additionally, if challenged by Trump, any potential invocation would be subject to a vote of approval in both houses of Congress, with a two-thirds supermajority necessary in each chamber to sustain the measure.[citation needed]

It is legally unclear[according to whom?] as to whether an invocation under the 25th Amendment could be subject to judicial review. While the Constitution gives Congress the "sole" power of impeachment in Article 1, such language does not feature in the 25th Amendment. Additionally, it is legally unclear as to whether acting Cabinet members' consent to such a declaration would be counted towards a necessary majority.[citation needed] As of 8 January 2021, four members of the Cabinet were serving in acting capacities upon the resignation of permanent appointees, with that number set to rise to six, when Education Secretary Betsy DeVos' resignation takes effect on January 8, and when Transportation Secretary Elaine Chao's resignation takes effect on January 11.[citation needed]

Cabinet members in discussions of invoking 25th Amendment

Senator Elizabeth Warren (D–MA) accused DeVos in a tweet of quitting rather than supporting efforts to invoke the 25th Amendment to remove Trump.[15] A Trump administration official disputed Warren's claim.[16] House Majority Whip Jim Clyburn on Friday accused DeVos and Transportation Secretary Elaine Chao of "running away from their responsibility" by resigning from President Trump's Cabinet before invoking the 25th Amendment to remove him from office.[17]

However, multiple news agencies reported that DeVos was in discussions to invoke the 25th Amendment prior to her resignation.[13] According to an advisor, DeVos decided to resign because she believed that it would not be possible to remove Trump from office under the 25th Amendment, after learning that Vice President Mike Pence opposed calls to invoke the 25th Amendment to oust Trump from office before January 20.[13]

Jamie Raskin's bill

The 25th Amendment allows Congress to establish a committee to determine when a president is unfit to serve, but such a committee has never been established. In May 2017, Representative Jamie Raskin (D–MD-8) introduced a bill that would have established such an "independent nonpartisan body: the Oversight Commission on Presidential Capacity." The bill had 20 cosponsors.[18] In October 2020, Raskin and Pelosi introduced a similar bill. The bill specifies that the commission would have 16 members — four physicians, four psychiatrists, four retired Republican statespersons, four retired Democratic statespersons — plus a 17th person who chairs the committee. The bill had 38 cosponsors.[19]

The House Rules Committee is expected to meet January 11 or 12, 2021, to consider this legislation.[20]

Impeachment

See also: Impeachment in the United States and Trump–Raffensperger scandal

Ilhan Omar's resolution

Representative Ilhan Omar (D–MN-5) drafted articles of impeachment on January 7. At that time, the resolution was led by Omar and co-led by Cicilline, Ted Lieu, Al Green, Hank Johnson, Ayanna Pressley, Rashida Tlaib, Vicente Gonzalez, Jamaal Bowman, Mondaire Jones, Veronica Escobar, Alexandria Ocasio-Cortez, and Cori Bush; and cosponsored by about five dozen others.[21] In the early hours of the morning on January 8, Omar posted an excerpt of draft Articles of Impeachment on her Twitter account, the documents stating that "every single hour that Donald Trump remains in office, our country, our democracy, and our national security remain in danger."[22][23]

  • Article I concerns a January 2, 2021, incident in which Trump "repeatedly asked Georgia Secretary of State Brad Raffensperger to overturn the finalized and verified results of the November 2020 presidential election in the State of Georgia."
  • Article II concerns Trump's behavior on January 6, 2021, in which he encouraged travel to Washington, D.C. "with the sole purpose of inciting violence and obstructing Congress in engaging in its constitutionally mandated legislative business of certifying the electoral college results of the 2020 election."

David Cicilline's resolution

Representative David Cicilline separately drafted an article of impeachment. The text was obtained by CNN on January 8.[24] On Twitter, Cicilline acknowledged the coauthorship of Ted Lieu and Jamie Raskin[25] and said that "more than 110" members had signed on to this article.[26]

  • "Article I: Incitement of Insurrection" accuses Trump of having "willfully made statements that encouraged—and foreseeably resulted in—imminent lawless action at the Capitol." As a result, "a mob unlawfully breached the Capitol…and engaged in violent, deadly, destructive, and seditious acts."

Support for impeachment or removal

By January 8, 2021, over 200 members of Congress had called for Trump to be either impeached, or removed through the methods outlined in the 25th Amendment, which could be effectuated more quickly.[27] Others from media and political organizations have also expressed support for such actions. Any impeachment by the House of Representatives would, for removal, require a trial and conviction in the Senate, with the concurrence of two-thirds of Senators present and voting, during which time Trump would remain in office. As of January 8, the extent of support among Senators for an impeachment process is unclear, particularly given the length of time necessary to organize a trial and the short duration remaining of Trump's presidency.[28]

Elected officials

At least 200[27][29] members of Congress have called for Trump to be impeached or removed from office under the 25th Amendment.[30] Other House members, as well as several state officials, have called for Trump's immediate removal by Congress under the 25th Amendment.[31][32][33][34]

Federal elected officials

Democrats

Many House Democrats, including Ilhan Omar, Ayanna Pressley, Seth Moulton, Alexandria Ocasio-Cortez, and Katherine Clark, have called for Trump's immediate impeachment and removal by Congress, or via the 25th Amendment.[31][35][30][36] Speaker of the United States House of Representatives Nancy Pelosi, a Democrat, has urged the removal of Trump via the 25th Amendment, and has said that she is prepared to vote on articles of impeachment if this does not happen.[37] Pelosi said Trump is "a very dangerous person who should not continue in office."[38] In vowing to impeach Trump again if his cabinet doesn't remove him themselves, Pelosi said Trump "incited an armed insurrection against America" and that "the gleeful desecration of the U.S. Capitol, which is the temple of our American democracy, and the violence targeting Congress are horrors that will forever stain our nation's history — instigated by the president".[6]

By January 7, the Senate Minority Leader, Democrat Chuck Schumer, had called for Trump's immediate removal from office,[39] as have[when?] many other Democratic members of the U.S. Senate.[27]

On January 6, Representatives Ted Lieu and Charlie Crist called on Vice President Mike Pence to remove Trump via the Twenty-fifth Amendment.[33][40]

Republicans

On January 6, four "senior Republican elected officials" told CNN that they believe Trump should be removed via the 25th Amendment, while two other Republican elected officials said Trump should be removed via impeachment.[34] On January 8, CNN reported that two Republican members of the House, whom they did not name, said they would consider voting for impeachment. One explained: "We experienced the attack; we don’t need long hearings on what happened." [41]

As of January 9, no Republican senators were publicly calling for Trump's removal from office, according to CNN.[42] However, on January 8, Republican senator Ben Sasse said he was willing to consider an impeachment because Trump had violated his oath of office,[43] while Republican senator Lisa Murkowski called on Trump to resign immediately, stating: "I want him out. He has caused enough damage."[44] Murkowski also suggested on January 8 that she might declare herself an Independent, as, "if the Republican Party has become nothing more than the party of Trump, I sincerely question whether this is the party for me."[45]

As of January 9, only one Republican in the House was calling for Trump's removal from office: Adam Kinzinger.[46][42]

State elected officials

Governors

The following governors and lieutenant governors have said that Trump should be removed from office:

Administration positions

Former administration officials

Former White House chief of staff John F. Kelly said he would vote to remove Trump if he were still part of the administration.[55]

Media commentators

Yoni Appelbaum (The Atlantic), David French (Time), Austin Sarat, Tom Nichols (USA Today), David Landau, Rosalind Nixon, and Bret Stephens (The New York Times) called for the impeachment of Trump a second time and for him to be disqualified from public office.[56][57][58][59][60][61]

Several conservative commentators, including Meghan McCain, Rod Dreher, Daniel Larison (The American Conservative), John Podhoretz (Commentary), Tiana Lowe and Eddie Scarry (Washington Examiner) expressed their support for the impeachment and/or the invocation of the 25th Amendment to remove Trump from office.[62][63][64][65][66][67] Matthew Continetti, writing in the National Review, also called for Trump's removal from office.[68]

Progressive commentators John Nichols (The Nation) and Matt Ford (The New Republic) also called for Trump to be impeached and disqualified perpetually from public office.[69][70]

Calling the armed storming of the Capitol an "act of sedition", The Washington Post editorial board wrote that Trump's "continued tenure in office poses a grave threat to U.S. democracy" as well as to public order and national security, and called for Pence to immediately begin the 25th Amendment process to declare Trump "unable to discharge the powers and duties of his office" so that Pence could serve until Biden's inauguration on January 20.[71] In its first ever staff editorial, The Dispatch stated that Trump had "abused his public office," "violated the public trust," and "incited a violent attack on the Capitol and Congress. He must be removed."[72] The Financial Times editorial board called for Trump to be "held accountable for storming the Capitol".[73] The Wall Street Journal editorial board invited Trump to resign, calling his acts "impeachable" and stating that the President had "crossed a constitutional line that Mr. Trump hasn’t previously crossed".[74]

Other organizations

The Lincoln Project (a political action committee formed by anti-Trump Republicans and former Republicans) called for the House of Representatives and the Senate to "immediately impeach Donald Trump for directing and provoking this attack".[75]

The National Association of Manufacturers also requested Pence to "seriously consider" invoking the 25th Amendment.[76]

Freedom House issued a press release calling for the immediate removal of President Trump, through resignation, the 25th Amendment, or impeachment.[77]

Opposition

Senate

Senate Majority Leader Mitch McConnell has argued that the Senate is in pro-forma sessions until Jan. 19 and that it cannot take on any business without the unanimous consent of the Senate. According to the Senate rules for impeachment, once articles of impeachment are presented to the Senate, the Senate trial must begin the next day. If these rules are followed, then Trump's trial cannot begin until after Biden's inauguration.[78]

On January 8, Senator Lindsey Graham (R–SC) tweeted that impeachment "will do more harm than good."[79] In a follow-up tweet, he implied that Pelosi and Schumer wanted to impeach Trump because they were concerned about their own political survival.[80]

House

Representative Kurt Schrader (D–OR-5) was the first Democratic member of congress to come out in opposition of impeachment, comparing it to a "lynching" and remarking that "without due process we are no better than Republicans." He also believes it would divide the country.[81]

Others

Retired Harvard Law School professor Alan Dershowitz, who represented Trump during his 2019–20 impeachment and had endorsed Biden for president in the 2020 election,[82], opposes another impeachment. He stated that Trump "has not committed a constitutionally impeachable offense" and that he "would be honored to once again defend the Constitution against partisan efforts to weaponize it for political purposes."[83]

Former National Security Advisor John Bolton called for Trump's resignation;[84] however, he argued against both invocation of the 25th Amendment and impeachment, claiming that it was a "very bad idea," that the amendment was the "worst drafted" section of the Constitution, and would lead to "two competing presidencies" if invoked and challenged by Trump.[85]

See also

References

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  84. ^ "John Bolton says action against Donald Trump must pass cost-benefit analysis". www.ctvnews.ca.
  85. ^ "Bolton says it's 'almost certain' Trump will try to cause more damage before leaving office - YouTube". www.youtube.com.
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