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First impeachment of Donald Trump

From Wikipedia, the free encyclopedia
2019 US presidential impeachment

For the trial in the Senate, seeFirst impeachment trial of Donald Trump.
First impeachment of Donald Trump
Members of House of Representatives vote on twoarticles of impeachment
AccusedDonald Trump, 45thPresident of the United States[1]
Proponents
DateDecember 18, 2019 ⁠–⁠ February 5, 2020
(1 month, 2 weeks and 4 days)
OutcomeAcquitted by theU.S. Senate, remained in the office ofPresident of the United States
ChargesAbuse of power,obstruction of Congress
CauseAllegations that Trump unlawfully solicited Ukrainian authorities to influence the2020 U.S. presidential election
Congressional votes
Voting in theU.S. House of Representatives
AccusationAbuse of power
Votes in favor230
Votes against197
Present1
Not voting3
ResultApproved
AccusationObstruction of Congress
Votes in favor229
Votes against198
Present1
Not voting3
ResultApproved
Voting in theU.S. Senate
AccusationArticle I – Abuse of power
Votes in favor48 "guilty"
Votes against52 "not guilty"
ResultAcquitted (67 "guilty" votes necessary for a conviction)
AccusationArticle II – Obstruction of Congress
Votes in favor47 "guilty"
Votes against53 "not guilty"
ResultAcquitted (67 "guilty" votes necessary for a conviction)
Trump–Ukraine scandal
A request by U.S. presidentDonald Trump (right) to Ukrainian presidentVolodymyr Zelenskyy (left) to investigateJoe Biden andhis son sparked the scandal.
Events
People
Companies
Conspiracy theories

Donald Trump, serving as the 45thpresident of the United States, wasimpeached for the first time on December 18, 2019. On that date, theHouse of Representatives adopted two articles of impeachment against Trump:abuse of power andobstruction of Congress. On February 5, 2020, theSenate voted toacquit Trump on both articles of impeachment.[2]

Trump's first impeachment took place aftera formal House inquiry found that he had solicitedforeign interference in the 2020 U.S. presidential election to help hisre-election bid, and had then obstructed the inquiry itself by telling his administration officials to ignoresubpoenas for documents and testimony. The inquiry reported that Trump withheld military aid[a] and an invitation to the White House fromUkrainian presidentVolodymyr Zelenskyy in order toinfluence Ukraine to announce an investigation into Trump's political opponentJoe Biden, and to promote adiscredited conspiracy theory that Ukraine–⁠not Russia–⁠was behindinterference in the 2016 presidential election.[4][5] The inquiry stage of Trump's impeachment lasted from September to November 2019 in the wake of anAugust whistleblower complaint alleging Trump's abuse of power.[4] A set of impeachment hearings before theHouse Judiciary Committee began on December 4, 2019; on December 13, the committee voted 23–17 (along party lines) to recommend articles of impeachment for abuse of power and obstruction of Congress. Two days later, the full House approved both articles in a mostly party-line vote.[6] Trump is the third U.S. president in history to be impeached and the first to be impeached without support for the impeachment from his own party.

The articles of impeachment were submitted to theSenate on January 16–31, 2020, initiatingan impeachment trial. The trial saw no witnesses or documents being subpoenaed, as Republican senators rejected attempts to introduce subpoenas. On February 5, Trump was acquitted on both counts by the Senate, as neither count received 67 votes to convict.[7]

Trump remained in office for the remainder of his first term. However, he wasimpeached for a second time in 2021 following theJanuary 6 United States Capitol attack, making him the first U.S. president in history to be impeached twice. Trump was again acquitted by the Senate in February 2021 after he had left office.

Background

[edit]
This article is part of
a series about
Donald Trump


45th and 47th
President of the United States

Tenure
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Donald Trump's signature
Seal of the President of the United States

Donald Trump is the third U.S. president to be impeached by the House of Representatives, afterAndrew Johnson in1868 andBill Clinton in1998.[1][8] Before Trump, Johnson was the only president to be impeached in his first term.[b] TheHouse Judiciary Committee alsovoted to adopt three articles of impeachment againstRichard Nixon, but heresigned prior to the full House vote.[9][c] TheSenate voted toacquit both Johnson and Clinton in their trials.[10][d]

"Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors" by CongressmanBrad Sherman

Congress's firstefforts to impeach Trump were initiated by Democratic representativesAl Green andBrad Sherman in 2017.[13] In December 2017, an impeachment resolution failed in the House with a 58–364 vote margin. Following the 2018 elections, the Democrats gained a majority in the House and launched multiple investigations into Trump's actions and finances.[14] Speaker of the HouseNancy Pelosi initially resisted calls for impeachment. In May 2019, however, she indicated that Trump's continued actions, which she characterized asobstruction of justice and refusal to honor congressionalsubpoenas, might make animpeachment inquiry necessary.[15][16]

Investigations into various scandals in the Trump administration, which could lead to articles of impeachment, were initiated by various House congressional committees led by Pelosi in February 2019. A formal impeachment investigation began in July 2019,[17] and several subpoenas were issued; while most were honored, several were not. The Trump administration assertedexecutive privilege, which led to several lawsuits, includingIn re: Don McGahn.[18]

Trump–Ukraine scandal

[edit]
Main article:2019 Trump–Ukraine scandal
Whistleblower complaint dated August 12, 2019, regarding a July 25 phone conversation between Trump and Zelenskyy
Memorandum of the phone call between Trump and Zelenskyy released by the White House on September 25, 2019
Volodymyr Zelenskyy with Donald Trump in New York City on September 25, 2019

The Trump–Ukraine scandal revolved around efforts by U.S. president Donald Trump to coerceUkraine and other foreign countries into providing damaging narratives about2020 Democratic Party presidential primary candidateJoe Biden, as well as information relating to the origins of previous political attacks against him, such as the claims investigated byRobert Mueller. Trump enlisted surrogates within and outsidehis official administration, including his lawyerRudy Giuliani and Attorney GeneralWilliam Barr, to pressure Ukraine and other foreign governments to cooperate in investigating conspiracy theories concerning American politics.[19][20][21][22][23] Trump blocked but later released payment of a congressionally mandated $400 million military aid package to allegedly obtainquid pro quo cooperation fromVolodymyr Zelenskyy, the president of Ukraine. A number of contacts were established between the White House and thegovernment of Ukraine, culminating in a phone call between Trump and Zelenskyy on July 25, 2019.[19][20][21][24] Less than two hours later, on behalf of the President, seniorexecutive budget officialMichael Duffey discreetly instructedthe Pentagon to continue withholding military aid to Ukraine.[25][26][27][e]

The scandal reached public attention in mid-September 2019 after awhistleblower complaint made in August 2019.[28] The complaint raised concerns about Trump using presidential powers to solicitforeign electoral intervention in the2020 U.S. presidential election.[29] The Trump White House has corroborated several allegations raised by the whistleblower. A non-verbatim transcript of theTrump–Zelenskyy phone call confirmed that Trump requested investigations into Joe Biden and his sonHunter, as well as adiscredited conspiracy theory involving a Democratic National Committee server,[30][31] while repeatedly urging Zelenskyy to work with Giuliani and Barr on these matters.[32][33] The White House also confirmed that the record of the call had been transferred to a highly classified system.[34][35] White House acting chief of staffMick Mulvaney said one reason why Trump withheld military aid to Ukraine was Ukrainian "corruption related to the DNC server", referring to a debunked theory that Ukrainians framed Russia forhacking into the DNC computer system.[36] After the impeachment inquiry began, Trump publicly urged Ukraine and China to investigate the Bidens.[37]Bill Taylor, the Trump administration's top diplomat to Ukraine, testified that he was told that U.S. military aid to Ukraine and a Trump–Zelenskyy White House meeting were conditioned on Zelenskyy publicly announcing investigations into the Bidens and alleged Ukrainian interference in the 2016 U.S. elections.[38]United States ambassador to the European UnionGordon Sondland testified that he worked with Giuliani at Trump's "express direction" to arrange aquid pro quo with the Ukraine government.[39]

Inquiry

[edit]
Main article:Impeachment inquiry into Donald Trump

On the evening of September 24, 2019, Pelosi announced that sixcommittees of the House of Representatives would begin a formal impeachment inquiry into President Trump. Pelosi accused the President of betraying hisoath of office,national security, and the integrity of the country's elections.[40][41][42] The six committees charged with the task were those onFinancial Services,the Judiciary,Intelligence,Foreign Affairs,Oversight and Reform, andWays and Means.[43]

In October 2019, three congressional committees (Intelligence, Oversight, and Foreign Affairs) deposed witnesses, including Ambassador Taylor,[44]Laura Cooper (the deputy assistant secretary of defense for Russian, Ukrainian, and Eurasian affairs),[45] and former White House officialFiona Hill.[46] Witnesses testified that they believed that President Trump wanted Zelenskyy to publicly announce investigations into the Bidens andBurisma (a Ukrainian natural gas company on whose board Hunter Biden had served)[3][47] and 2016 election interference.[38] On October 8, in a letter fromWhite House counselPat Cipollone to House speaker Pelosi, the White House officially responded that it would not cooperate with the investigation due to concerns including that there had not yet been a vote of thefull House and that interviews of witnesses were being conducted behind closed doors.[48][49] On October 17, Mulvaney said in response to a reporter's allegation ofquid pro quo, "We do that all the time with foreign policy. Get over it." He walked back his comments later that day, asserting there had been "absolutely noquid pro quo" and that Trump had withheld military aid to Ukraine over concerns of the country's corruption.[36][50]

On October 29, 2019, Massachusetts representativeJim McGovern introduced a resolution referred to theHouse Rules Committee, which set forth the "format of open hearings in the House Intelligence Committee, including staff-led questioning of witnesses, and [authorization for] the public release of deposition transcripts".[51][52] This resolution, formally authorizing the impeachment inquiry, was approved by the House by a vote of 232 to 196 on October 31, 2019.[53] In November 2019, the House Intelligence Committee held a number of public hearings in which witnesses testified publicly. On November 13, Taylor and Kent testified publicly.[54] AmbassadorMarie Yovanovitch testified before the committee on November 15, 2019.[55] Lieutenant ColonelAlexander Vindman, the National Security Council's head of European affairs, andJennifer Williams, Vice PresidentMike Pence's chief European security adviser, testified together on the morning of November 19, 2019.[56] Later that day,Kurt Volker, the former U.S. special representative for Ukraine, andTim Morrison, the former national security presidential adviser on Europe and Russia, gave public testimony before the House Intelligence Committee.[57] Also subpoenaed were Foreign Service officersCatherine Croft,Jennifer Williams, Christopher Anderson, andSuriya Jayanti.[58]

Open hearing testimony ofFiona Hill andDavid Holmes on November 21, 2019

On November 20, 2019, Ambassador Sondland testified that he conducted his work with Giuliani at the "express direction of the president",[59] and that he understood a potential White House invitation for Zelenskyy to be contingent on Ukraine announcing investigations into the 2016 elections and Burisma.[60][61] Later that day, Cooper andDavid Hale, theunder secretary of state for political affairs, testified jointly before the committee.[62] On November 21, 2019, Fiona Hill – who, until August 2019, was the top Russia expert on the National Security Council – criticized Republicans for promulgating the "fictional narrative" that Ukraine rather than Russia interfered in the 2016 election, asserting that the theory was planted by Russia and played into its hands.[63][64] Testifying alongside Hill wasDavid Holmes, the current head of political affairs in the U.S. Embassy in Ukraine.[65][66][67]

On December 3, the House Intelligence Committee voted 13–9 along party lines to adopt a final report and also send it to the House Judiciary Committee.[68][69][70] The report's preface states:

[T]he impeachment inquiry has found that President Trump, personally and acting through agents within and outside of the U.S. government, solicited the interference of a foreign government, Ukraine, to benefit his reelection. In furtherance of this scheme, President Trump conditioned official acts on a public announcement by the new Ukrainian President, Volodymyr Zelenskyy, of politically-motivated investigations, including one into President Trump's domestic political opponent. In pressuring President Zelenskyy to carry out his demand, President Trump withheld a White House meeting desperately sought by the Ukrainian President, and critical U.S. military assistance to fight Russian aggression in eastern Ukraine.[70]: 8–9 

The Republicans of the House committees had released a countering report the previous day, saying in part that the evidence did not support the accusations: "The evidence presented does not prove any of these Democrat allegations, and none of the Democrats' witnesses testified to having evidence of bribery, extortion, or any high crime or misdemeanor", said the draft report.[71][72] This report also painted the push to impeachment as solely politically motivated – the report's executive summary stated, "The Democrats are trying to impeach a duly elected President based on the accusations and assumptions of unelected bureaucrats who disagreed with President Trump's policy initiatives and processes".[73] During the inquiry, the Trump administration's public arguments were limited to assertions that the President had done nothing wrong and that the process was unfair.[74]

Impeachment

[edit]

Judiciary Committee hearings

[edit]
Impeachment of Donald J. Trump, President of the United States—Report of the Committee on the Judiciary, House of Representatives

On December 5, Speaker Pelosi authorized the Judiciary Committee to begin drafting articles of impeachment.[75]

A set of impeachment hearings was brought before the Judiciary Committee, with Trump and his lawyers being invited to attend.[76][77] The administration declined as the President was scheduled to attend aNATO summit in London.[78] In a second letter on December 6, Cipollone again said that the White House would not offer a defense or otherwise participate in the impeachment inquiry, writing to chairmanJerry Nadler, "As you know, your impeachment inquiry is completely baseless and has violated basic principles of due process and fundamental fairness."[79] Nadler responded in a statement, "We gave President Trump a fair opportunity to question witnesses and present his own to address the overwhelming evidence before us. After listening to him complain about the impeachment process, we had hoped that he might accept our invitation."[80]

The first hearing, held on December 4, 2019, was an academic discussion on the definition of an impeachable offense. The witnesses invited by Democrats were law professorsNoah Feldman from Harvard,Pamela S. Karlan from Stanford, andMichael Gerhardt from the University of North Carolina. Republicans invitedJonathan Turley, a constitutional scholar at George Washington University;[81][82] Turley, who had testified in favor of the impeachment of PresidentBill Clinton in 1999,[83][84] testified against impeaching Trump, citing a lack of evidence.[85] It was observed that he contradicted his own opinion on impeachment from when Clinton was on trial.[86][87][88]

Potential articles of impeachment outlined during the hearing include abuse of power for arranging aquid pro quo with the president of Ukraine, obstruction of Congress for hindering the House's investigation, and obstruction of justice for attempting to dismissRobert Mueller during his investigation of Russian interference in the 2016 election.[89] On December 5, Pelosi requested that the House Judiciary Committee draft articles of impeachment.[90][91] After the vote, Pelosi said that, while this was "a great day for the Constitution", it was "a sad day for America". She also said, "I could not be prouder or more inspired by the moral courage of the House Democrats. We never asked one of them how they were going to vote. We never whipped this vote."[92]

Articles of impeachment

[edit]
EnglishWikisource has original text related to this article:
Articles of impeachment read into theCongressional Record byReading Clerk Joe Novotny
House Resolution 755—Articles of Impeachment Against President Donald J. Trump

On December 10, 2019, Democrats on the House Judiciary Committee announced they would levy two articles of impeachment, designated H. Res. 755: (1) abuse of power, and (2) obstruction of Congress,[93][94] in its investigation of the President's conduct regarding Ukraine.[95] Draft text of the articles was released later that day,[96] as well as a report by the judiciary committee outlining the constitutional case for impeachment and asserting that "impeachment is part of democratic governance".[97]: 51  The committee planned to vote on the articles on December 12,[98][99] but postponed it to the next day after the 14-hour partisan debate on the final versions of the articles lasted until after 11:00 p.m.EST.[100] On December 13,[100] the Judiciary Committee voted along party lines to pass both articles of impeachment; both articles passed 23–17, with all Democrats present voting in support and all Republicans voting in opposition. DemocratTed Lieu was ill and not present to vote.[101]

On December 16, the House Judiciary Committee released a 658-page report on the articles of impeachment, specifying criminal bribery and wire fraud charges as part of the abuse of power article.[102] The articles were forwarded to the full House for debate and a vote on whether to impeach the president on December 18.[103]

House Judiciary Committee vote on whether to report House Resolution 755 favorably to the House of Representatives
PartyArticle I (Abuse of power)Article II (Obstruction of Congress)
Aye/YesNayPresentNot votingAye/YesNayPresentNot voting
Democratic (24)2323
Republican (17)1717
Total (41)231701231701
ResultAgreed to[f]Agreed to[f]

House vote

[edit]

Article I, Section 2, Clause 5 of theU.S. Constitution states that "The House of Representatives ... shall have the sole Power of Impeachment."[104]

Steny Hoyer's full statement ahead of house vote

On December 17, theHouse Rules Committee held a hearing to write the rules governing the debate over impeachment.[105] The first of three votes was on the rules governing debate: 228 to 197, with all Republicans and two Democrats voting no.[106] This was followed by six hours of debate. One of the highlights of this contentious event was Georgia representativeBarry Loudermilk comparing the impeachment inquiry of President Trump to thetrial of Jesus Christ, saying that the Christian savior was treated far better by the authorities.[107] Maryland representativeSteny Hoyer contributed closing arguments: "All of us feel a sense of loyalty to party ... It's what makes our two-party system function. It's what helps hold presidents and majorities accountable. But party loyalty must have its limits."[108]

House votes on Article I and II of House Resolution 755

The formal impeachment vote in the House of Representatives took place on December 18, 2019.[109] Shortly after 8:30 p.m. EST, both articles of impeachment passed.[110] The votes for the charge of abuse of power were 230 in favor, 197 against, and 1 present: House Democrats all voted in support, exceptCollin Peterson andJeff Van Drew, who voted against,[111] andTulsi Gabbard, who voted "present"; all House Republicans voted against, althoughJustin Amash, an independent who was previously Republican, voted in support of both articles.[112] The votes for the charge of obstruction of Congress were 229 in favor, 198 against, and 1 present: all Democrats voted in support, except Peterson, Van Drew, andJared Golden, who voted against;[111] and Gabbard, who again voted "present";[6] all Republicans voted against.

Days before the impeachment vote, it was leaked that Jeff Van Drew was planning to switch parties from Democratic to Republican.[113] A day after the vote, he officially announced that he was switching parties.[114]

Three representatives pending retirement did not vote: RepublicanDuncan D. Hunter, who was banned from voting under the House's rules afterpleading guilty to illegally using campaign funds; DemocratJosé E. Serrano, who had a health setback after being diagnosed withParkinson's disease earlier in the year; and RepublicanJohn Shimkus, who was visiting his son in Tanzania.[115]

Voting results on House Resolution 755
(Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors)
PartyArticle I (Abuse of power)[116]Article II (Obstruction of Congress)[117]
YeaNayPresentNot votingYeaNayPresentNot voting
Democratic (233)229228
Republican (197)195195
Independent (1)
Total (435)[g]2301971322919813
ResultAdopted[h]Adopted[h]
Full list of member votes on House Resolution 755[116][117]
DistrictMemberPartyArticle IArticle II
Alabama 1Bradley ByrneRepublicanNayNay
Alabama 2Martha RobyRepublicanNayNay
Alabama 3Mike RogersRepublicanNayNay
Alabama 4Robert AderholtRepublicanNayNay
Alabama 5Mo BrooksRepublicanNayNay
Alabama 6Gary PalmerRepublicanNayNay
Alabama 7Terri SewellDemocraticYeaYea
Alaska at-largeDon YoungRepublicanNayNay
Arizona 1Tom O'HalleranDemocraticYeaYea
Arizona 2Ann KirkpatrickDemocraticYeaYea
Arizona 3Raúl GrijalvaDemocraticYeaYea
Arizona 4Paul GosarRepublicanNayNay
Arizona 5Andy BiggsRepublicanNayNay
Arizona 6David SchweikertRepublicanNayNay
Arizona 7Ruben GallegoDemocraticYeaYea
Arizona 8Debbie LeskoRepublicanNayNay
Arizona 9Greg StantonDemocraticYeaYea
Arkansas 1Rick CrawfordRepublicanNayNay
Arkansas 2French HillRepublicanNayNay
Arkansas 3Steve WomackRepublicanNayNay
Arkansas 4Bruce WestermanRepublicanNayNay
California 1Doug LaMalfaRepublicanNayNay
California 2Jared HuffmanDemocraticYeaYea
California 3John GaramendiDemocraticYeaYea
California 4Tom McClintockRepublicanNayNay
California 5Mike ThompsonDemocraticYeaYea
California 6Doris MatsuiDemocraticYeaYea
California 7Ami BeraDemocraticYeaYea
California 8Paul CookRepublicanNayNay
California 9Jerry McNerneyDemocraticYeaYea
California 10Josh HarderDemocraticYeaYea
California 11Mark DeSaulnierDemocraticYeaYea
California 12Nancy PelosiDemocraticYeaYea
California 13Barbara LeeDemocraticYeaYea
California 14Jackie SpeierDemocraticYeaYea
California 15Eric SwalwellDemocraticYeaYea
California 16Jim CostaDemocraticYeaYea
California 17Ro KhannaDemocraticYeaYea
California 18Anna EshooDemocraticYeaYea
California 19Zoe LofgrenDemocraticYeaYea
California 20Jimmy PanettaDemocraticYeaYea
California 21TJ CoxDemocraticYeaYea
California 22Devin NunesRepublicanNayNay
California 23Kevin McCarthyRepublicanNayNay
California 24Salud CarbajalDemocraticYeaYea
California 26Julia BrownleyDemocraticYeaYea
California 27Judy ChuDemocraticYeaYea
California 28Adam SchiffDemocraticYeaYea
California 29Tony CárdenasDemocraticYeaYea
California 30Brad ShermanDemocraticYeaYea
California 31Pete AguilarDemocraticYeaYea
California 32Grace NapolitanoDemocraticYeaYea
California 33Ted LieuDemocraticYeaYea
California 34Jimmy GomezDemocraticYeaYea
California 35Norma TorresDemocraticYeaYea
California 36Raul RuizDemocraticYeaYea
California 37Karen BassDemocraticYeaYea
California 38Linda SánchezDemocraticYeaYea
California 39Gil CisnerosDemocraticYeaYea
California 40Lucille Roybal-AllardDemocraticYeaYea
California 41Mark TakanoDemocraticYeaYea
California 42Ken CalvertRepublicanNayNay
California 43Maxine WatersDemocraticYeaYea
California 44Nanette BarragánDemocraticYeaYea
California 45Katie PorterDemocraticYeaYea
California 46Lou CorreaDemocraticYeaYea
California 47Alan LowenthalDemocraticYeaYea
California 48Harley RoudaDemocraticYeaYea
California 49Mike LevinDemocraticYeaYea
California 50Duncan D. HunterRepublicanNot votingNot voting
California 51Juan VargasDemocraticYeaYea
California 52Scott PetersDemocraticYeaYea
California 53Susan DavisDemocraticYeaYea
Colorado 1Diana DeGetteDemocraticYeaYea
Colorado 2Joe NeguseDemocraticYeaYea
Colorado 3Scott TiptonRepublicanNayNay
Colorado 4Ken BuckRepublicanNayNay
Colorado 5Doug LambornRepublicanNayNay
Colorado 6Jason CrowDemocraticYeaYea
Colorado 7Ed PerlmutterDemocraticYeaYea
Connecticut 1John B. LarsonDemocraticYeaYea
Connecticut 2Joe CourtneyDemocraticYeaYea
Connecticut 3Rosa DeLauroDemocraticYeaYea
Connecticut 4Jim HimesDemocraticYeaYea
Connecticut 5Jahana HayesDemocraticYeaYea
Delaware at-largeLisa Blunt RochesterDemocraticYeaYea
Florida 1Matt GaetzRepublicanNayNay
Florida 2Neal DunnRepublicanNayNay
Florida 3Ted YohoRepublicanNayNay
Florida 4John RutherfordRepublicanNayNay
Florida 5Al LawsonDemocraticYeaYea
Florida 6Michael WaltzRepublicanNayNay
Florida 7Stephanie MurphyDemocraticYeaYea
Florida 8Bill PoseyRepublicanNayNay
Florida 9Darren SotoDemocraticYeaYea
Florida 10Val DemingsDemocraticYeaYea
Florida 11Daniel WebsterRepublicanNayNay
Florida 12Gus BilirakisRepublicanNayNay
Florida 13Charlie CristDemocraticYeaYea
Florida 14Kathy CastorDemocraticYeaYea
Florida 15Ross SpanoRepublicanNayNay
Florida 16Vern BuchananRepublicanNayNay
Florida 17Greg SteubeRepublicanNayNay
Florida 18Brian MastRepublicanNayNay
Florida 19Francis RooneyRepublicanNayNay
Florida 20Alcee HastingsDemocraticYeaYea
Florida 21Lois FrankelDemocraticYeaYea
Florida 22Ted DeutchDemocraticYeaYea
Florida 23Debbie Wasserman SchultzDemocraticYeaYea
Florida 24Frederica WilsonDemocraticYeaYea
Florida 25Mario Díaz-BalartRepublicanNayNay
Florida 26Debbie Mucarsel-PowellDemocraticYeaYea
Florida 27Donna ShalalaDemocraticYeaYea
Georgia 1Buddy CarterRepublicanNayNay
Georgia 2Sanford BishopDemocraticYeaYea
Georgia 3Drew FergusonRepublicanNayNay
Georgia 4Hank JohnsonDemocraticYeaYea
Georgia 5John LewisDemocraticYeaYea
Georgia 6Lucy McBathDemocraticYeaYea
Georgia 7Rob WoodallRepublicanNayNay
Georgia 8Austin ScottRepublicanNayNay
Georgia 9Doug CollinsRepublicanNayNay
Georgia 10Jody HiceRepublicanNayNay
Georgia 11Barry LoudermilkRepublicanNayNay
Georgia 12Rick W. AllenRepublicanNayNay
Georgia 13David ScottDemocraticYeaYea
Georgia 14Tom GravesRepublicanNayNay
Hawaii 1Ed CaseDemocraticYeaYea
Hawaii 2Tulsi GabbardDemocraticPresentPresent
Idaho 1Russ FulcherRepublicanNayNay
Idaho 2Mike SimpsonRepublicanNayNay
Illinois 1Bobby RushDemocraticYeaYea
Illinois 2Robin KellyDemocraticYeaYea
Illinois 3Dan LipinskiDemocraticYeaYea
Illinois 4Jesús "Chuy" GarcíaDemocraticYeaYea
Illinois 5Mike QuigleyDemocraticYeaYea
Illinois 6Sean CastenDemocraticYeaYea
Illinois 7Danny K. DavisDemocraticYeaYea
Illinois 8Raja KrishnamoorthiDemocraticYeaYea
Illinois 9Jan SchakowskyDemocraticYeaYea
Illinois 10Brad SchneiderDemocraticYeaYea
Illinois 11Bill FosterDemocraticYeaYea
Illinois 12Mike BostRepublicanNayNay
Illinois 13Rodney DavisRepublicanNayNay
Illinois 14Lauren UnderwoodDemocraticYeaYea
Illinois 15John ShimkusRepublicanNot votingNot voting
Illinois 16Adam KinzingerRepublicanNayNay
Illinois 17Cheri BustosDemocraticYeaYea
Illinois 18Darin LaHoodRepublicanNayNay
Indiana 1Pete ViscloskyDemocraticYeaYea
Indiana 2Jackie WalorskiRepublicanNayNay
Indiana 3Jim BanksRepublicanNayNay
Indiana 4Jim BairdRepublicanNayNay
Indiana 5Susan BrooksRepublicanNayNay
Indiana 6Greg PenceRepublicanNayNay
Indiana 7André CarsonDemocraticYeaYea
Indiana 8Larry BucshonRepublicanNayNay
Indiana 9Trey HollingsworthRepublicanNayNay
Iowa 1Abby FinkenauerDemocraticYeaYea
Iowa 2Dave LoebsackDemocraticYeaYea
Iowa 3Cindy AxneDemocraticYeaYea
Iowa 4Steve KingRepublicanNayNay
Kansas 1Roger MarshallRepublicanNayNay
Kansas 2Steve WatkinsRepublicanNayNay
Kansas 3Sharice DavidsDemocraticYeaYea
Kansas 4Ron EstesRepublicanNayNay
Kentucky 1James ComerRepublicanNayNay
Kentucky 2Brett GuthrieRepublicanNayNay
Kentucky 3John YarmuthDemocraticYeaYea
Kentucky 4Thomas MassieRepublicanNayNay
Kentucky 5Hal RogersRepublicanNayNay
Kentucky 6Andy BarrRepublicanNayNay
Louisiana 1Steve ScaliseRepublicanNayNay
Louisiana 2Cedric RichmondDemocraticYeaYea
Louisiana 3Clay HigginsRepublicanNayNay
Louisiana 4Mike JohnsonRepublicanNayNay
Louisiana 5Ralph AbrahamRepublicanNayNay
Louisiana 6Garret GravesRepublicanNayNay
Maine 1Chellie PingreeDemocraticYeaYea
Maine 2Jared GoldenDemocraticYeaNay
Maryland 1Andy HarrisRepublicanNayNay
Maryland 2Dutch RuppersbergerDemocraticYeaYea
Maryland 3John SarbanesDemocraticYeaYea
Maryland 4Anthony BrownDemocraticYeaYea
Maryland 5Steny HoyerDemocraticYeaYea
Maryland 6David TroneDemocraticYeaYea
Maryland 8Jamie RaskinDemocraticYeaYea
Massachusetts 1Richard NealDemocraticYeaYea
Massachusetts 2Jim McGovernDemocraticYeaYea
Massachusetts 3Lori TrahanDemocraticYeaYea
Massachusetts 4Joe Kennedy IIIDemocraticYeaYea
Massachusetts 5Katherine ClarkDemocraticYeaYea
Massachusetts 6Seth MoultonDemocraticYeaYea
Massachusetts 7Ayanna PressleyDemocraticYeaYea
Massachusetts 8Stephen F. LynchDemocraticYeaYea
Massachusetts 9Bill KeatingDemocraticYeaYea
Michigan 1Jack BergmanRepublicanNayNay
Michigan 2Bill HuizengaRepublicanNayNay
Michigan 3Justin AmashIndependentYeaYea
Michigan 4John MoolenaarRepublicanNayNay
Michigan 5Dan KildeeDemocraticYeaYea
Michigan 6Fred UptonRepublicanNayNay
Michigan 7Tim WalbergRepublicanNayNay
Michigan 8Elissa SlotkinDemocraticYeaYea
Michigan 9Andy LevinDemocraticYeaYea
Michigan 10Paul MitchellRepublicanNayNay
Michigan 11Haley StevensDemocraticYeaYea
Michigan 12Debbie DingellDemocraticYeaYea
Michigan 13Rashida TlaibDemocraticYeaYea
Michigan 14Brenda LawrenceDemocraticYeaYea
Minnesota 1Jim HagedornRepublicanNayNay
Minnesota 2Angie CraigDemocraticYeaYea
Minnesota 3Dean PhillipsDemocraticYeaYea
Minnesota 4Betty McCollumDemocraticYeaYea
Minnesota 5Ilhan OmarDemocraticYeaYea
Minnesota 6Tom EmmerRepublicanNayNay
Minnesota 7Collin PetersonDemocraticNayNay
Minnesota 8Pete StauberRepublicanNayNay
Mississippi 1Trent KellyRepublicanNayNay
Mississippi 2Bennie ThompsonDemocraticYeaYea
Mississippi 3Michael GuestRepublicanNayNay
Mississippi 4Steven PalazzoRepublicanNayNay
Missouri 1Lacy ClayDemocraticYeaYea
Missouri 2Ann WagnerRepublicanNayNay
Missouri 3Blaine LuetkemeyerRepublicanNayNay
Missouri 4Vicky HartzlerRepublicanNayNay
Missouri 5Emanuel CleaverDemocraticYeaYea
Missouri 6Sam GravesRepublicanNayNay
Missouri 7Billy LongRepublicanNayNay
Missouri 8Jason SmithRepublicanNayNay
Montana at-largeGreg GianforteRepublicanNayNay
Nebraska 1Jeff FortenberryRepublicanNayNay
Nebraska 2Don BaconRepublicanNayNay
Nebraska 3Adrian SmithRepublicanNayNay
Nevada 1Dina TitusDemocraticYeaYea
Nevada 2Mark AmodeiRepublicanNayNay
Nevada 3Susie LeeDemocraticYeaYea
Nevada 4Steven HorsfordDemocraticYeaYea
New Hampshire 1Chris PappasDemocraticYeaYea
New Hampshire 2Ann McLane KusterDemocraticYeaYea
New Jersey 1Donald NorcrossDemocraticYeaYea
New Jersey 2Jeff Van DrewDemocraticNayNay
New Jersey 3Andy KimDemocraticYeaYea
New Jersey 4Chris SmithRepublicanNayNay
New Jersey 5Josh GottheimerDemocraticYeaYea
New Jersey 6Frank PalloneDemocraticYeaYea
New Jersey 7Tom MalinowskiDemocraticYeaYea
New Jersey 8Albio SiresDemocraticYeaYea
New Jersey 9Bill PascrellDemocraticYeaYea
New Jersey 10Donald Payne Jr.DemocraticYeaYea
New Jersey 11Mikie SherrillDemocraticYeaYea
New Jersey 12Bonnie Watson ColemanDemocraticYeaYea
New Mexico 1Deb HaalandDemocraticYeaYea
New Mexico 2Xochitl Torres SmallDemocraticYeaYea
New Mexico 3Ben Ray LujánDemocraticYeaYea
New York 1Lee ZeldinRepublicanNayNay
New York 2Peter T. KingRepublicanNayNay
New York 3Thomas SuozziDemocraticYeaYea
New York 4Kathleen RiceDemocraticYeaYea
New York 5Gregory MeeksDemocraticYeaYea
New York 6Grace MengDemocraticYeaYea
New York 7Nydia VelázquezDemocraticYeaYea
New York 8Hakeem JeffriesDemocraticYeaYea
New York 9Yvette ClarkeDemocraticYeaYea
New York 10Jerry NadlerDemocraticYeaYea
New York 11Max RoseDemocraticYeaYea
New York 12Carolyn MaloneyDemocraticYeaYea
New York 13Adriano EspaillatDemocraticYeaYea
New York 14Alexandria Ocasio-CortezDemocraticYeaYea
New York 15José E. SerranoDemocraticNot votingNot voting
New York 16Eliot EngelDemocraticYeaYea
New York 17Nita LoweyDemocraticYeaYea
New York 18Sean Patrick MaloneyDemocraticYeaYea
New York 19Antonio DelgadoDemocraticYeaYea
New York 20Paul TonkoDemocraticYeaYea
New York 21Elise StefanikRepublicanNayNay
New York 22Anthony BrindisiDemocraticYeaYea
New York 23Tom ReedRepublicanNayNay
New York 24John KatkoRepublicanNayNay
New York 25Joseph MorelleDemocraticYeaYea
New York 26Brian HigginsDemocraticYeaYea
North Carolina 1G. K. ButterfieldDemocraticYeaYea
North Carolina 2George HoldingRepublicanNayNay
North Carolina 3Greg MurphyRepublicanNayNay
North Carolina 4David PriceDemocraticYeaYea
North Carolina 5Virginia FoxxRepublicanNayNay
North Carolina 6Mark WalkerRepublicanNayNay
North Carolina 7David RouzerRepublicanNayNay
North Carolina 8Richard HudsonRepublicanNayNay
North Carolina 9Dan BishopRepublicanNayNay
North Carolina 10Patrick McHenryRepublicanNayNay
North Carolina 11Mark MeadowsRepublicanNayNay
North Carolina 12Alma AdamsDemocraticYeaYea
North Carolina 13Ted BuddRepublicanNayNay
North Dakota at-largeKelly ArmstrongRepublicanNayNay
Ohio 1Steve ChabotRepublicanNayNay
Ohio 2Brad WenstrupRepublicanNayNay
Ohio 3Joyce BeattyDemocraticYeaYea
Ohio 4Jim JordanRepublicanNayNay
Ohio 5Bob LattaRepublicanNayNay
Ohio 6Bill JohnsonRepublicanNayNay
Ohio 7Bob GibbsRepublicanNayNay
Ohio 8Warren DavidsonRepublicanNayNay
Ohio 9Marcy KapturDemocraticYeaYea
Ohio 10Mike TurnerRepublicanNayNay
Ohio 11Marcia FudgeDemocraticYeaYea
Ohio 12Troy BaldersonRepublicanNayNay
Ohio 13Tim RyanDemocraticYeaYea
Ohio 14David JoyceRepublicanNayNay
Ohio 15Steve StiversRepublicanNayNay
Ohio 16Anthony GonzalezRepublicanNayNay
Oklahoma 1Kevin HernRepublicanNayNay
Oklahoma 2Markwayne MullinRepublicanNayNay
Oklahoma 3Frank LucasRepublicanNayNay
Oklahoma 4Tom ColeRepublicanNayNay
Oklahoma 5Kendra HornDemocraticYeaYea
Oregon 1Suzanne BonamiciDemocraticYeaYea
Oregon 2Greg WaldenRepublicanNayNay
Oregon 3Earl BlumenauerDemocraticYeaYea
Oregon 4Peter DeFazioDemocraticYeaYea
Oregon 5Kurt SchraderDemocraticYeaYea
Pennsylvania 1Brian FitzpatrickRepublicanNayNay
Pennsylvania 2Brendan BoyleDemocraticYeaYea
Pennsylvania 3Dwight EvansDemocraticYeaYea
Pennsylvania 4Madeleine DeanDemocraticYeaYea
Pennsylvania 5Mary Gay ScanlonDemocraticYeaYea
Pennsylvania 6Chrissy HoulahanDemocraticYeaYea
Pennsylvania 7Susan WildDemocraticYeaYea
Pennsylvania 8Matt CartwrightDemocraticYeaYea
Pennsylvania 9Dan MeuserRepublicanNayNay
Pennsylvania 10Scott PerryRepublicanNayNay
Pennsylvania 11Lloyd SmuckerRepublicanNayNay
Pennsylvania 12Fred KellerRepublicanNayNay
Pennsylvania 13John JoyceRepublicanNayNay
Pennsylvania 14Guy ReschenthalerRepublicanNayNay
Pennsylvania 15Glenn ThompsonRepublicanNayNay
Pennsylvania 16Mike KellyRepublicanNayNay
Pennsylvania 17Conor LambDemocraticYeaYea
Pennsylvania 18Mike DoyleDemocraticYeaYea
Rhode Island 1David CicillineDemocraticYeaYea
Rhode Island 2James LangevinDemocraticYeaYea
South Carolina 1Joe CunninghamDemocraticYeaYea
South Carolina 2Joe WilsonRepublicanNayNay
South Carolina 3Jeff DuncanRepublicanNayNay
South Carolina 4William TimmonsRepublicanNayNay
South Carolina 5Ralph NormanRepublicanNayNay
South Carolina 6Jim ClyburnDemocraticYeaYea
South Carolina 7Tom RiceRepublicanNayNay
South Dakota at-largeDusty JohnsonRepublicanNayNay
Tennessee 1Phil RoeRepublicanNayNay
Tennessee 2Tim BurchettRepublicanNayNay
Tennessee 3Chuck FleischmannRepublicanNayNay
Tennessee 4Scott DesJarlaisRepublicanNayNay
Tennessee 5Jim CooperDemocraticYeaYea
Tennessee 6John RoseRepublicanNayNay
Tennessee 7Mark E. GreenRepublicanNayNay
Tennessee 8David KustoffRepublicanNayNay
Tennessee 9Steve CohenDemocraticYeaYea
Texas 1Louie GohmertRepublicanNayNay
Texas 2Dan CrenshawRepublicanNayNay
Texas 3Van TaylorRepublicanNayNay
Texas 4John RatcliffeRepublicanNayNay
Texas 5Lance GoodenRepublicanNayNay
Texas 6Ron WrightRepublicanNayNay
Texas 7Lizzie Pannill FletcherDemocraticYeaYea
Texas 8Kevin BradyRepublicanNayNay
Texas 9Al GreenDemocraticYeaYea
Texas 10Michael McCaulRepublicanNayNay
Texas 11Mike ConawayRepublicanNayNay
Texas 12Kay GrangerRepublicanNayNay
Texas 13Mac ThornberryRepublicanNayNay
Texas 14Randy WeberRepublicanNayNay
Texas 15Vicente GonzalezDemocraticYeaYea
Texas 16Veronica EscobarDemocraticYeaYea
Texas 17Bill FloresRepublicanNayNay
Texas 18Sheila Jackson LeeDemocraticYeaYea
Texas 19Jodey ArringtonRepublicanNayNay
Texas 20Joaquin CastroDemocraticYeaYea
Texas 21Chip RoyRepublicanNayNay
Texas 22Pete OlsonRepublicanNayNay
Texas 23Will HurdRepublicanNayNay
Texas 24Kenny MarchantRepublicanNayNay
Texas 25Roger WilliamsRepublicanNayNay
Texas 26Michael C. BurgessRepublicanNayNay
Texas 27Michael CloudRepublicanNayNay
Texas 28Henry CuellarDemocraticYeaYea
Texas 29Sylvia GarciaDemocraticYeaYea
Texas 30Eddie Bernice JohnsonDemocraticYeaYea
Texas 31John CarterRepublicanNayNay
Texas 32Colin AllredDemocraticYeaYea
Texas 33Marc VeaseyDemocraticYeaYea
Texas 34Filemon Vela Jr.DemocraticYeaYea
Texas 35Lloyd DoggettDemocraticYeaYea
Texas 36Brian BabinRepublicanNayNay
Utah 1Rob BishopRepublicanNayNay
Utah 2Chris StewartRepublicanNayNay
Utah 3John CurtisRepublicanNayNay
Utah 4Ben McAdamsDemocraticYeaYea
Vermont at-largePeter WelchDemocraticYeaYea
Virginia 1Rob WittmanRepublicanNayNay
Virginia 2Elaine LuriaDemocraticYeaYea
Virginia 3Bobby ScottDemocraticYeaYea
Virginia 4Donald McEachinDemocraticYeaYea
Virginia 5Denver RigglemanRepublicanNayNay
Virginia 6Ben ClineRepublicanNayNay
Virginia 7Abigail SpanbergerDemocraticYeaYea
Virginia 8Don BeyerDemocraticYeaYea
Virginia 9Morgan GriffithRepublicanNayNay
Virginia 10Jennifer WextonDemocraticYeaYea
Virginia 11Gerry ConnollyDemocraticYeaYea
Washington 1Suzan DelBeneDemocraticYeaYea
Washington 2Rick LarsenDemocraticYeaYea
Washington 3Jaime Herrera BeutlerRepublicanNayNay
Washington 4Dan NewhouseRepublicanNayNay
Washington 5Cathy McMorris RodgersRepublicanNayNay
Washington 6Derek KilmerDemocraticYeaYea
Washington 7Pramila JayapalDemocraticYeaYea
Washington 8Kim SchrierDemocraticYeaYea
Washington 9Adam SmithDemocraticYeaYea
Washington 10Denny HeckDemocraticYeaYea
West Virginia 1David McKinleyRepublicanNayNay
West Virginia 2Alex MooneyRepublicanNayNay
West Virginia 3Carol MillerRepublicanNayNay
Wisconsin 1Bryan SteilRepublicanNayNay
Wisconsin 2Mark PocanDemocraticYeaYea
Wisconsin 3Ron KindDemocraticYeaYea
Wisconsin 4Gwen MooreDemocraticYeaYea
Wisconsin 5Jim SensenbrennerRepublicanNayNay
Wisconsin 6Glenn GrothmanRepublicanNayNay
Wisconsin 8Mike GallagherRepublicanNayNay
Wyoming at-largeLiz CheneyRepublicanNayNay

Immediate response

[edit]

A day after Trump's impeachment, the evangelical magazineChristianity Today published an editorial calling for his removal from office, stating that the president "attempted to use his political power to coerce a foreign leader to harass and discredit one of the president's political opponents. That is not only a violation of the Constitution; more importantly, it is profoundly immoral."[119][120]On December 21, conservativeBill Kristol and a group calling itself "Republicans for the Rule of Law" released an ad encouraging viewers to call their senators to demand top Trump officials be forced to testify in his impeachment trial.[121]

Trump questioned the validity of the impeachment, citing Harvard law professorNoah Feldman, who argued that the impeachment technically had not taken place until the articles were handed to the Senate.[122] Jonathan Turley later refuted this argument in an op-ed.[123]Trump tweeted or retweeted over 20 messages criticizing Pelosi's handling of the impeachment during the first week of hisholiday vacation to Mar-a-Lago.[124] On Christmas Day, he tweeted:

Why should Crazy Nancy Pelosi, just because she has a slight majority in the House, be allowed to Impeach the President of the United States? Got ZERO Republican votes, there was no crime, the call with Ukraine was perfect, with "no pressure." She said it must be "bipartisan & overwhelming," but this Scam Impeachment was neither. Also, very unfair with no Due Process, proper representation, or witnesses. Now Pelosi is demanding everything the Republicans weren't allowed to have in the House. Dems want to run majority Republican Senate. Hypocrites![125]

AttorneyGeorge T. Conway III and others noted that if the relevant witnesses were not allowed to testify, Trump's defenders would be negatively affected by "the very evidence they sought to suppress".[126]

Impasse and final vote

[edit]

Prior to the House impeachment vote, Senate majority leaderMitch McConnell andSenate Judiciary Committee chairmanLindsey Graham expressed their intentions not to be impartialjurors, contrary to the oath they must take.[127][128] McConnell said, "I'm not an impartial juror. This is a political process. There is not anything judicial about it. Impeachment is a political decision."[129] Graham said, "I am trying to give a pretty clear signal I have made up my mind. I'm not trying to pretend to be a fair juror here ... I will do everything I can to make [the impeachment trial] die quickly."[130]

On December 15, with the support of all 47 Senate Democrats, Senate minority leaderCharles Schumer wrote a letter to McConnell calling for Mick Mulvaney, Robert Blair,[i]John Bolton,[j] and Michael Duffey to testify, suggesting that pre-trial proceedings take place on January 6, 2020.[135][136] Two days later, McConnell rejected the call for witnesses to testify, saying that the Senate's role is simply to act as "judge and jury" and not to aid the impeachment process.[137][138] He also suggested that witnesses be called during the trial, as had happened after Clinton's impeachment.[139][k][l] Schumer said that he "did not hear a single sentence, a single argument as to why the witnesses I suggested should not give testimony",[141] citing bipartisan public support for testimony which could fill in gaps caused by Trump having prevented his staff from testifying in the House investigation.[139][142] On January 2, 2020, Schumer called newly unredacted emails from Trump administration officials "a devastating blow to Senator McConnell's push to have a trial without the documents and witnesses we've requested".[143][25][m] At least four Republican senators needed to vote with Democrats for witnesses to be called.[143][l]Republicans suggested calling Joe and Hunter Biden to testify;[145] the former stated his objection to this, but said he would obey a subpoena.[146] Rudy Giuliani stated his willingness to testify or even try the impeachment "as a racketeering case", despite being Trump's personal attorney and allegedly attempting to help him politically while searching for evidence against the Bidens in Ukraine.[147] On January 10, 2020, Trump toldLaura Ingraham of Fox News that he would likely invokeexecutive privilege to keep Bolton from testifying "for the sake of the office".[134]

On December 18, 2019, the day of the impeachment, Pelosi declined to comment on when the impeachment resolution would be transmitted to the Senate, stating, "So far we haven't seen anything that looks fair to us."[148][149] The following day, McConnell met with Schumer briefly to discuss the trial.[150] After the Senate reconvened from its holiday break, Graham proposed that he and McConnell "change the rules of the Senate so we could start the trial without [Pelosi], if necessary".[140][k] On January 7, 2020, McConnell announced he had the caucus backing to pass a blueprint for the trial, which discussed witnesses and evidence after the opening arguments.[151] Pelosi called for the resolution to be published before she could proceed with the next steps,[152][153] but McConnell asserted that the House had no leverage and that there would be no negotiating over the trial.[154] This prompted several Democratic senators to voice their readiness to have the trial begin.[155] On January 9, Pelosi said she would deliver the articles soon, but continued to cite a need for Republican transparency in the Senate;[156] that same day, McConnell informed members of his caucus that he expected the trial to begin the next week,[157] and SenatorJosh Hawley announced that McConnell had signed on as a co-sponsor to his resolution to dismiss articles of impeachment not sent to the Senate within 25 days.[158] On January 10, Pelosi announced she had "asked Judiciary Committee Chairman Jerry Nadler to be prepared to bring to the Floor next week a resolution to appoint managers and transmit articles of impeachment to the Senate".[159]

Nancy Pelosi engrossing the articles of impeachment on January 15, 2020

On January 14, 2020, Pelosi announced theHouse managers who would prosecute the case in the Senate.[160][161] On January 15, the House voted on Resolution 798, which appointed the impeachment managers and approved the articles of impeachment to be sent to the Senate. Later that afternoon, Pelosi held a rare public engrossment ceremony, followed by a stately procession of the managers and other House officers across the Capitol building, where the third impeachment of a U.S. president was announced to the Senate.[162] Except for the managers, who would conduct the trial, the House's involvement in the impeachment process came to an end.

Voting results on House Resolution 798
(Appointing and authorizing managers for the impeachment trial of Donald John Trump, President of the United States)
PartyYeaNayPresentNot voting
Democratic (232)227
Republican (197)192
Independent (1)
Total (435)[n][163]22819309
ResultAdopted[h]

Trial

[edit]
Main article:First impeachment trial of Donald Trump

Preparation

[edit]

While the impeachment inquiry was underway, Senate majority leaderMitch McConnell started planning a possible trial. On October 8, 2019, he led a meeting on the subject, advising his caucus to say that they opposed the House process and as little else as possible.[164] In November, he shot down the idea that the articles of impeachment should be dismissed, stating that "the rules of impeachment are very clear, we'll have to have a trial."[165] On December 12, as the articles were being considered by the House Judiciary Committee, McConnell met with White House counsel Pat Cipollone and Director of Legislative AffairsEric Ueland.[166] McConnell stated later that day, "Everything I do during this I'm coordinating with the White House counsel. There will be no difference between the president's position and [ours][167] ... I'm going to take my cues from the president's lawyers." McConnell added that the coordination with the White House would also pertain to whether witnesses would be allowed to testify,[166][167] and toldSean Hannity ofFox News that there was no chance Trump would be convicted, expressing his hope that all Senate Republicans would acquit the president of both charges.[168] Republican senatorsLisa Murkowski andSusan Collins criticized McConnell's comments regarding coordinating with the White House.[169] Collins was also critical of Democratic senatorElizabeth Warren for prejudging the trial.[170]

Officers

[edit]

The U.S. Constitution stipulates that thechief justice of the United States presides over impeachment proceedings when the president is tried.[171][172][o] The current chief justice wasJohn Roberts, who was appointed by PresidentGeorge W. Bush in 2005. The House managers, acting as prosecutors for the case, were several Democratic representatives, consisting ofAdam Schiff as lead manager,Jerry Nadler,Zoe Lofgren,Hakeem Jeffries,Val Demings,Jason Crow, andSylvia Garcia.[160][161] Trump named a defense team led byWhite House CounselPat Cipollone and his private attorneyJay Sekulow, who previously represented Trump in theRussia investigation. They were joined by celebrity law professorAlan Dershowitz, former independent counselKenneth Starr, former deputy independent counselRobert Ray, formerFlorida attorney generalPam Bondi, and former federal prosecutorJane Raskin.[174]

Process and schedule

[edit]

Article I, Section 3, Clause 6 of the U.S. Constitution states that "[t]he Senate shall have the sole Power to try all Impeachments."[104] Per the Senate's impeachment rules adopted in 1986, the submission of the articles to the Senate initiated the trial.[175][150] The articles were formally delivered on January 15, 2020, and were presented the following day.[176]

At the end of the session on January 21, the Senate voted along party lines to pass McConnell's proposed trial rules and reject 11 amendments proposed by Democrats.[177] McConnell stated that he wanted to follow the rules laid down during the Clinton trial in 1999, which had the morning reserved for Senate business and the afternoon hours reserved for the trial,[178] but his resolution increased the hours spent per day on opening arguments from six to eight hours.[179] The resolution also included provisions for a vote on whether to subpoena witnesses or documents after opening arguments.[177][180][181]

The prosecution's opening arguments and presentation of evidence took place between January 22 and 24, 2020.[182][183][184] On the first day, Schumer called the previous evening "a dark night for the Senate", when the White House, in response to aFreedom of Information Act lawsuit, released new evidence including a string of heavily redacted emails revealing details about how theOffice of Management and Budget froze aid to Ukraine.[182][183][184][p]

Trump's defense presentation began on January 25. The primary arguments were a lack of direct evidence of wrongdoing and that Democrats were attempting to use the impeachment to steal the 2020 election.[186][q] Professor Alan Dershowitz argued that while a president can be impeached for committing a criminal act, irrespective of motive, the idea of aquid pro quo being a basis for removal from office requires that the 'quo' be something illegal, and that simply having mixed motives for requesting a legal act (an investigation into alleged corruption) would not be sufficient grounds for impeachment. He observed that all politicians act with an eye and motive toward re-election and that such motive neither makes illegal acts lawful nor unlawful act legal.[188] This position was criticized by Democratic political consultant and commentator Paul Begala in an editorial that did not address the legality/illegality aspect of the analysis.[189]

On January 31, after a planned debate session, the Senate voted 51–49 against allowing subpoenas to call witnesses, including former national security advisorJohn Bolton,[r] or documents.[191] 51 Republican senators voted against calling witnesses, while 45 Democratic senators, two independents who typically voted Democratic, and two Republicans (Mitt Romney andSusan Collins) voted for witnesses.[192]

Acquittal

[edit]

Under the U.S. Constitution, two-thirds of the Senate is required to convict the president. The possible penalties are the removal from office and disqualification from holding office in the future.[193][194][186] On February 5, 2020, the Senate acquitted Trump on both counts. The votes were 48–52 to convict on the first count and 47–53 to convict on the second count, both short of the two-thirds majority needed to convict, therefore resulting in acquittal. The votes were sharply divided along party lines.[195] Mitt Romney became the first senator in history from an impeached president's party to vote to convict, voting "guilty" on the first count.[7]

Voting results[196][197]
PartyArticle I (Abuse of power)Article II (Obstruction of Congress)
GuiltyNot guiltyGuiltyNot guilty
Democratic (45)4545
Republican (53)5253
Independent (2)
Total (100)48524753
ResultNot guilty[s]Not guilty[s]

Public opinion

[edit]

Before the trial, in mid-January 2020, Americans were sharply divided on whether Trump should be removed from office, with Democrats largely supporting removal, Republicans largely opposing, and independents divided.[198] AUSA Today /Suffolk University poll conducted between December 10 and 14, 2019, found that 45% of respondents supported the impeachment and removal of Trump from office, while 51% opposed it.[199] ACNN poll conducted from December 12 to 15 also found 45% supported impeachment and removal, compared to 47% who opposed the idea.[200] AGallup poll released on the day of Trump's impeachment found that the president's approval rating increased by six points during the impeachment process, while support for the impeachment fell.[201] Another CNN poll conducted between January 16 and 19, 2020, found that 51% supported Trump's removal from office, compared to 45% who opposed it.[202] AnNBC /Wall Street Journal poll released on January 2, 2020, showed 46% favored removal from office and 49% opposed, with the in favor/opposed being almost exclusively along party lines.[203] Businesses, such asRoger's Frigate, placed signs in support of Trump.[204]

Polling of Americans on the impeachment and removal from office of Trump
Poll sourceDate(s) conductedSample sizeMargin of errorSupport[t]Oppose[t]Undecided
Yahoo! News /YouGov[205][206]December 4–6, 20191500± 2.8%47%39%14%
Monmouth University[207]December 4–8, 2019903± 3.3%45%50%5%
Fox News[208]December 8–11, 20191000RV± 3%50%41%5%
NPR /PBS NewsHour /Marist[209][210]December 9–11, 20191744± 3.5%46%49%5%
USA Today / Suffolk[199][211]December 10–14, 20191000 RV± 3%45.2%50.5%4.3%
Quinnipiac University[212]December 11–15, 20191390 RV± 4.1%45%51%4%
CNN / SSRS[200]December 12–15, 2019888 RV± 3.7%45%47%9%
December 18, 2019Donald Trump is impeached by the House of Representatives
Politico /Morning Consult[213][214]December 19–20, 20191387 RV± 3.0%51%42%6%
The Economist / YouGov[215][216]December 22–24, 20191500± 2.9%44%41%14%
CNN / SSRS[202]January 16–19, 20201156± 3.4%51%45%4%
NBC /The Wall Street Journal[203]January 26–29, 20201000 RV± 3.1%46%49%5%

Aftermath

[edit]
Donald Trump holds up a copy ofThe Washington Post reporting his acquittal during remarks on February 6, 2020, in the East Room of the White House

Two days after the Senate acquitted him in the impeachment trial, Trump fired two witnesses who testified in the impeachment inquiry about his conduct.[217][218] On February 7, Gordon Sondland's ambassadorship was terminated, and Lieutenant Colonel Alexander Vindman was escorted from the White House after a dismissal from his job on the National Security Council. At the same time, Vindman's twin brother, Yevgeny, likewise an Army lieutenant colonel on the National Security Council, was also dismissed.[217] Shortly before the firings, Trump said he was "not happy" with Alexander Vindman; after the firings, Trump said he "didn't know" Alexander Vindman but he was "very insubordinate".[218] Alexander Vindman's lawyer responded that his client "was asked to leave for telling the truth. His honor, his commitment to right, frightened the powerful." Sondland reacted by stating that he was "grateful to President Trump for the opportunity to serve".[217]

In April 2020, Trump fired Inspector General of the Intelligence CommunityMichael K. Atkinson.[219][220] Trump further complained that Atkinson "never even came in to see me. How can you [forward the complaint] without seeing the person?"; he also concluded that Atkinson was "not a big Trump fan".[221] Atkinson responded that he believed Trump had fired him for "having faithfully discharged my legal obligations as an independent and impartial inspector general, and from my commitment to continue to do so".[222]

After 24 years in the House Schiff would be elected to the Senate in November 2024.

Biden would be electedpresident of the United States in November 2020. The subsequentstorming of the U.S. Capitol would lead toTrump's unprecedented second impeachment.

See also

[edit]

Notes

[edit]
  1. ^The aid was intended to help Ukraine in itswar against Russian-backed separatist forces in Donbas.[3]
  2. ^Johnson sought election to a full term, but failed to gain the nomination of his (Democratic) party, and the election was won by (Republican candidate)Ulysses S. Grant.
  3. ^Nixon was pardoned for his crimes by his successor,Gerald Ford.
  4. ^Clinton was found to be guilty of civil contempt of court stemming from the Jones v. Clinton case over his testimony. Clinton ended up agreeing to a five-year suspension from practicing law in Arkansas. The Supreme Court suspended Clinton from the Supreme Court bar for his Arkansas suspension. Clinton would resign from the bar during the appeal process of disbarment from the court.[11][12]
  5. ^This remained classified until December 2019.[25][26]
  6. ^abAgreement based on asimple majority. Of the 41 members,Ted Lieu, who representedCalifornia's 33rd, was ill and not present to vote, leaving 40 votes. Being an even number, half plus one is needed for a majority, yielding 21 as the number of Aye votes for agreement.
  7. ^Of the 435 House seats for the116th Congress's first session, four were vacant:Maryland's 7th,New York's 27th,Wisconsin's 7th, andCalifornia's 25th. Three members were not present for the vote:Duncan D. Hunter fromCalifornia's 50th was banned from voting,José E. Serrano fromNew York's 15th was prevented from voting due to medical issues; andJohn Shimkus fromIllinois's 15th was on personal trip to Tanzania. This left 428 votes but, being an even number, half plus one is needed for a majority, yielding 215 as the number of yea votes for adoption.[118]
  8. ^abcAdoption based on asimple majority.
  9. ^One of Mulvaney's top aides until being promoted by Trump on December 23 to a special representative for global telecommunications policy.[131]
  10. ^The formernational security advisor did not attend his scheduled House deposition on November 7, 2019, and threatened to take legal action if he was subpoenaed. According to a House Intelligence Committee official, this is evidence of the president's obstruction of Congress.[132] On January 6, 2020, Bolton said that he would be willing to testify in the Senate trial if subpoenaed.[133] However, Trump has said that he would invoke executive privilege to keep him from testifying.[134]
  11. ^abGraham also proposed that the trial "use the Clinton model, where you ... let the House managers ... make the argument, let the president make his argument why the two articles are flawed, and then we'll decide whether we want witnesses."[140]
  12. ^abSenators Susan Collins andMitt Romney expressed their openness to calling witnesses.[144] McConnell, Graham, Murkowski, and Collins suggested that this happen later in the trial,[140][143] with McConnell citing the100–0 agreement on a similar process following Clinton's impeachment.[144]
  13. ^A further 20 emails remain fully undisclosed.[27]
  14. ^Of the 435 House seats for the116th Congress's first session, five were vacant:Maryland's 7th,New York's 27th,Wisconsin's 7th,California's 25th, andCalifornia's 50th. Nine members were not present for the vote, four Democrats and five Republicans:Lacy Clay fromMissouri's 1st,Ann Kirkpatrick fromArizona's 2nd,Tulsi Gabbard fromHawaii's 2nd,John Lewis fromGeorgia's 5th,Kenny Marchant fromTexas's 24th,Rick Crawford fromArkansas's 2nd,Debbie Lesko fromArizona's 8th,Tom McClintock fromCalifornia's 4th, andMike SimpsonIdaho's 2nd. This left 421 votes, half of which rounded up yields 211 as the number of yea votes for adoption.
  15. ^The office of Chief Justice is only mentioned once in the constitution and it is in relation to impeachment trials of the president.[173]
  16. ^The night after the Senate voted against subpoenaing witnesses in the trial, theJustice Department and a lawyer for the Office of Management and Budget acknowledged that some of the emails which remain undisclosed due to executive privilege contain details about why military aid to Ukraine was frozen.[185]
  17. ^Trump has also argued that the impeachment's timing was designed to hurtBernie Sanders' presidential campaign by forcing him to focus on the trial instead.[187]
  18. ^In his bookThe Room Where It Happened, published later that year, Bulton describes Trump's involvement in the freezing of aid to Ukraine.[190]
  19. ^abGuilt based on "the Concurrence of two thirds of the Members present" according to the Constitution (Article 1, Section 3, Clause 6). There are 100 Senate seats (two per U.S. state) and all Senators were present at the trial. Two-thirds of 100 is 66.6, so 67 guilty votes are needed for a guilty verdict.
  20. ^abThese polls are color-coded relative to themargin of error (×2 for spread). If the poll is within the doubled margin of error, both colors are used. If the margin of error is, for example, 2.5, then the spread would be 5, so a 50% support / 45% oppose would be tied.

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