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Polling indexes:Opinion polling during the Trump administration

On February 13, 2021, former PresidentDonald Trump (R) was acquitted of incitement of insurrection. Fifty-seven senators voted to convict and 43 voted to acquit. Conviction requires a two-thirds vote of senators present.^[1]

On January 13, 2021, the House of Representatives voted to impeach Trump by a vote of 232-197 for incitement of insurrection. The resolution followed the January 6, 2021,breach of the U.S. Capitol, which disrupted a joint session of Congress convened tocount the electoral votes from the2020 presidential election. Ten Republicans supported the impeachment.^[2][3]

The resolution alleged that Trump attempted to subvert and obstruct the certification of the election results and incited a crowd to breach the Capitol, leading to vandalism, threats to members of the government and congressional personnel, the death of law enforcement, and other seditious acts.^[2]Click here to read the resolution.

On January 12, 2021, Trump called the impeachment resolution the "continuation of the greatest witch hunt in the history of politics." He added, "For Nancy Pelosi and Chuck Schumer to continue on this path, I think it's causing tremendous danger to our country and it's causing tremendous anger."^[4]

Pelosi said the House would deliver the article of impeachment to the U.S. Senate on January 25, 2021.^[5] Senate Majority LeaderChuck Schumer (N.Y.) said the trial was scheduled to begin the week of February 8, 2021.^[6]

On January 25, 2021, House impeachment managers delivered the article of impeachment to the U.S. Senate.^[7] Sen.Patrick Leahy (D-Vt.), the president pro tempore of the Senate, presided over the trial.^[8]

This was the first time in U.S. history that a president has been impeached twice. Trump was previouslyimpeached and acquitted of abuse of power and obstruction of Congress charges in 2020.

This page contains an overview of the following topics:

• Timeline
• Overview of impeachment process
• Impeachment managers
• U.S. House vote on article of impeachment
• Article of impeachment
• Supporting materials prepared by the House Committee on the Judiciary
• Constitutionality of Senate trial and conviction of former president

Updates

• February 13, 2021: The Senate voted to acquit Trump of incitement of insurrection by a vote of 57-43.^[1]
• February 9, 2021: The Senate trial began with the House impeachment managers and the president's attorneys debating the constitutionality of the trial. The Senate upheld the constitutionality of the trial by a vote of 56-44.
• February 4, 2021: Trump declined a request from the House impeachment managers to testify at the Senate trial.^[9]
• January 31, 2021: Trump announced that he had hired David Schoen and Bruce Castor to represent him during the impeachment trial, replacing five previously announced members of his legal team.^[10]
• January 26, 2021: Senators were sworn in for the impeachment trial.^[11]
• January 25, 2021: The House delivered the article of impeachment to the U.S. Senate.^[7]
• January 22, 2021: Pelosi said the House would deliver the article of impeachment to the U.S. Senate on January 25, 2021.^[5] Schumer said the trial was scheduled to begin the week of February 8.^[6]
• January 21, 2021: Trump hired South Carolina attorney Butch Bowers to represent him in the impeachment trial.^[12]
• January 13, 2021: The House voted to impeach Trump by a vote of 232-197. Ten Republicans supported the impeachment resolution.^[13]

Overview of impeachment process

See also:Impeachment of federal officials

TheUnited States Congress has the constitutional authority to impeach and remove a federal official from office—including the president—if he or she has committed an impeachable offense. Impeaching and removing an official has two stages. First, articles of impeachment against the official must be passed by a majority vote of theU.S. House of Representatives. Then, a trial is conducted in theUnited States Senate potentially leading to the conviction and removal of the official.^[14]

In most impeachment trials, the vice president presides over the trial. However, in impeachment trials of the president, the chief justice of theU.S. Supreme Court presides. In order to remove the person from office, two-thirds of senators that are present to vote must vote to convict on the articles of impeachment.^[14]

Process for impeachment and conviction

The following two charts show the process for impeachment, which begins in the U.S. House with the introduction of an impeachment resolution and a committee inquiry conducted by theUnited States House Committee on the Judiciary. If the committee adopts articles of impeachment against the official, the articles will go to a full floor vote in the U.S. House.

When articles of impeachment are adopted by the U.S. House, the process moves to the U.S. Senate where senators will either acquit or convict the official following a trial.

Trial in U.S. Senate

Trial timeline

This list provides a timeline of the trial proceedings, a link to a recording of each session, and brief summary of the session's activity.

• February 13, 2021: Senators voted to acquit Trump of incitement of insurrection by a vote of 57-43.
• February 12, 2021: Trump's defense team delivered arguments. Senators asked questions of the defense team and House impeachment managers.
• February 11, 2021: The House impeachment managers finished delivering arguments in the trial.
• February 10, 2021: The House impeachment managers delivered opening arguments in the trial.
• February 9, 2021: The House impeachment managers and the president's attorneys debated the constitutionality of the trial. The Senate upheld the constitutionality of the trial by a vote of 56-44.

Impeachment managers

On January 12, 2021, House SpeakerNancy Pelosi (D-Calif.) named nine impeachment managers, who are responsible for presenting the case for impeachment to the U.S. Senate:^[15]

• Rep.Jamie Raskin (D-Md.), lead impeachment manager
• Rep.Joaquin Castro (D-Texas)
• Rep.David Cicilline (D-R.I.)
• Rep.Madeleine Dean (D-Pa.)
• Rep.Diana DeGette (D-Colo.)
• Rep.Joe Neguse (D-Colo.)
• Del.Stacey Plaskett (D-V.I.)
• Rep.Ted Lieu (D-Calif.)
• Rep.Eric Swalwell (D-Calif.)

Trump's defense attorneys

Trump announced on January 31, 2021, that he had hired David Schoen and Bruce Castor to represent him during the impeachment trial. Schoen previously represented Trump adviserRoger Stone, and Castor is a former district attorney from Pennsylvania.^[10]

Trump initially hired South Carolina attorney Butch Bowers and four other attorneys to represent him. Bowers previously represented former South Carolina Govs.Mark Sanford (R) andNikki Haley in separate ethics inquiries.^[16] The other four attorneys were Deborah Barbier, Johnny Gasser, Greg Harris, and Joshua Howard. Barbier, Gasser, and Harris are former federal prosecutors.^[17]

These five attorneys departed from the case due to a disagreement over strategy, ABC News reported on January 30, 2021.^[18]

Vote to acquit (February 13, 2021)

The Senate voted to acquit Trump of incitement of insurrection on February 13, 2021. All 48 Democrats, the two independents who caucused with Democrats, and seven Republicans voted guilty. The other 43 Republicans voted not guilty.^[1][19]

The seven Republicans to vote guilty were:

• Richard Burr (R-N.C.)
• Bill Cassidy (R-La.)
• Susan Collins (R-Maine)
• Lisa Murkowski (R-Alaska)
• Mitt Romney (R-Utah)
• Ben Sasse (R-Neb.)
• Pat Toomey (R-Pa.)

List of U.S. Senate votes on incitement of insurrection, Feb. 13, 2021
Official	Party	State	Vote
Tommy Tuberville	Republican	Alabama	Not guilty
Richard Shelby	Republican	Alabama	Not guilty
Daniel S. Sullivan	Republican	Alaska	Not guilty
Lisa Murkowski	Republican	Alaska	Guilty
Kyrsten Sinema	Democratic	Arizona	Guilty
Mark Kelly	Democratic	Arizona	Guilty
Tom Cotton	Republican	Arkansas	Not guilty
John Boozman	Republican	Arkansas	Not guilty
Dianne Feinstein	Democratic	California	Guilty
Alex Padilla	Democratic	California	Guilty
Michael Bennet	Democratic	Colorado	Guilty
John Hickenlooper	Democratic	Colorado	Guilty
Christopher S. Murphy	Democratic	Connecticut	Guilty
Richard Blumenthal	Democratic	Connecticut	Guilty
Tom Carper	Democratic	Delaware	Guilty
Chris Coons	Democratic	Delaware	Guilty
Rick Scott	Republican	Florida	Not guilty
Marco Rubio	Republican	Florida	Not guilty
Jon Ossoff	Democratic	Georgia	Guilty
Raphael Warnock	Democratic	Georgia	Guilty
Brian E. Schatz	Democratic	Hawaii	Guilty
Mazie K. Hirono	Democratic	Hawaii	Guilty
Mike Crapo	Republican	Idaho	Not guilty
Jim Risch	Republican	Idaho	Not guilty
Tammy Duckworth	Democratic	Illinois	Guilty
Dick Durbin	Democratic	Illinois	Guilty
Mike Braun	Republican	Indiana	Not guilty
Todd C. Young	Republican	Indiana	Not guilty
Joni Ernst	Republican	Iowa	Not guilty
Chuck Grassley	Republican	Iowa	Not guilty
Jerry Moran	Republican	Kansas	Not guilty
Roger Marshall	Republican	Kansas	Not guilty
Mitch McConnell	Republican	Kentucky	Not guilty
Rand Paul	Republican	Kentucky	Not guilty
Bill Cassidy	Republican	Louisiana	Guilty
John Neely Kennedy	Republican	Louisiana	Not guilty
Angus King	Independent	Maine	Guilty
Susan Collins	Republican	Maine	Guilty
Chris Van Hollen	Democratic	Maryland	Guilty
Ben Cardin	Democratic	Maryland	Guilty
Elizabeth Warren	Democratic	Massachusetts	Guilty
Edward J. Markey	Democratic	Massachusetts	Guilty
Gary Peters	Democratic	Michigan	Guilty
Debbie Stabenow	Democratic	Michigan	Guilty
Tina Smith	Democratic	Minnesota	Guilty
Amy Klobuchar	Democratic	Minnesota	Guilty
Roger Wicker	Republican	Mississippi	Not guilty
Cindy Hyde-Smith	Republican	Mississippi	Not guilty
Roy Blunt	Republican	Missouri	Not guilty
Josh Hawley	Republican	Missouri	Not guilty
Jon Tester	Democratic	Montana	Guilty
Steve Daines	Republican	Montana	Not guilty
Ben Sasse	Republican	Nebraska	Guilty
Deb Fischer	Republican	Nebraska	Not guilty
Catherine Cortez Masto	Democratic	Nevada	Guilty
Jacky Rosen	Democratic	Nevada	Guilty
Maggie Hassan	Democratic	New Hampshire	Guilty
Jeanne Shaheen	Democratic	New Hampshire	Guilty
Bob Menendez	Democratic	New Jersey	Guilty
Cory Booker	Democratic	New Jersey	Guilty
Tom Udall	Democratic	New Mexico	Guilty
Martin Heinrich	Democratic	New Mexico	Guilty
Chuck Schumer	Democratic	New York	Guilty
Kirsten Gillibrand	Democratic	New York	Guilty
Richard Burr	Republican	North Carolina	Guilty
Thom Tillis	Republican	North Carolina	Not guilty
John Hoeven	Republican	North Dakota	Not guilty
Kevin Cramer	Republican	North Dakota	Not guilty
Sherrod Brown	Democratic	Ohio	Guilty
Rob Portman	Republican	Ohio	Not guilty
Jim Inhofe	Republican	Oklahoma	Not guilty
James Lankford	Republican	Oklahoma	Not guilty
Jeff Merkley	Democratic	Oregon	Guilty
Ron Wyden	Democratic	Oregon	Guilty
Bob Casey Jr.	Democratic	Pennsylvania	Guilty
Pat Toomey	Republican	Pennsylvania	Guilty
Sheldon Whitehouse	Democratic	Rhode Island	Guilty
Jack Reed	Democratic	Rhode Island	Guilty
Lindsey Graham	Republican	South Carolina	Not guilty
Tim Scott	Republican	South Carolina	Not guilty
John Thune	Republican	South Dakota	Not guilty
Mike Rounds	Republican	South Dakota	Not guilty
Bill Hagerty	Republican	Tennessee	Not guilty
Marsha Blackburn	Republican	Tennessee	Not guilty
Ted Cruz	Republican	Texas	Not guilty
John Cornyn	Republican	Texas	Not guilty
Mike Lee	Republican	Utah	Not guilty
Mitt Romney	Republican	Utah	Guilty
Patrick Leahy	Democratic	Vermont	Guilty
Bernie Sanders	Independent	Vermont	Guilty
Tim Kaine	Democratic	Virginia	Guilty
Mark Warner	Democratic	Virginia	Guilty
Maria Cantwell	Democratic	Washington	Guilty
Patty Murray	Democratic	Washington	Guilty
Joe Manchin III	Democratic	West Virginia	Guilty
Shelley Moore Capito	Republican	West Virginia	Not guilty
Tammy Baldwin	Democratic	Wisconsin	Guilty
Ronald Harold Johnson	Republican	Wisconsin	Not guilty
John Barrasso	Republican	Wyoming	Not guilty
Cynthia Lummis	Republican	Wyoming	Not guilty

Vote on constitutionality of the trial (February 9, 2021)

The Senate upheld the constitutionality of the trial after hearing a debate on the subject on February 9, 2021. All Democrats and six Republicans supported the motion:^[20]

• Bill Cassidy (R-La.)
• Susan Collins (R-Maine)
• Lisa Murkowski (R-Alaska)
• Mitt Romney (R-Utah)
• Ben Sasse (R-Neb.)
• Pat Toomey (R-Pa.)

Vote on motion challenging constitutionality of the trial (January 26, 2021)

Sen.Rand Paul (R-Ky.) requested a vote on the constitutionality of the trial on January 26, 2021. The Senate voted to table that motion by 55-45. All Democrats and five Republicans voted down the motion:^[21]

• Susan Collins (R-Maine)
• Lisa Murkowski (R-Alaska)
• Mitt Romney (R-Utah)
• Ben Sasse (R-Neb.)
• Pat Toomey (R-Pa.)

Relevant links

• U.S. House of Representatives:Trial Memorandum of the U.S. House of Representatives in the Impeachment Trial of President Donald J. Trump
• Counsel to Trump:Answer of President Donald John Trump to Article I: Incitement of Insurrection

U.S. House vote on article of impeachment

On January 13, 2021, the House impeached Trump for incitement of insurrection by a vote of 232 to 197.

• All 222 Democrats voted yes.
• Ten Republicans also voted yes:
  • Rep.Liz Cheney (R-Wyo.)
  • Rep.Anthony Gonzalez (R-Ohio)
  • Rep.Jaime Herrera Beutler (R-Wash.)
  • Rep.John Katko (R-N.Y.)
  • Rep.Adam Kinzinger (R-Ill.)
  • Rep.Dan Newhouse (R-Wash.)
  • Rep.Peter Meijer (R-Mich.)
  • Rep.Tom Rice (R-S.C.)
  • Rep.Fred Upton (R-Mich.)
  • Rep.David Valadao (R-Calif.)
• 197 Republicans voted no.
• Four Republicans did not vote:
  • Kay Granger (R-Texas)
  • Andy Harris (R-Md.)
  • Gregory Murphy (R-N.C.)
  • Daniel Webster (R-Fla.).

House vote on impeachment of Trump for incitement of insurrection (January 13, 2021)
Representative	Party	State	Vote to impeach
Adams	Democratic	NC	Yes
Aderholt	Republican	AL	No
Aguilar	Democratic	CA	Yes
Allen	Republican	GA	No
Allred	Democratic	TX	Yes
Amodei	Republican	NV	No
Armstrong	Republican	ND	No
Arrington	Republican	TX	No
Auchincloss	Democratic	MA	Yes
Axne	Democratic	IA	Yes
Babin	Republican	TX	No
Bacon	Republican	NE	No
Baird	Republican	IN	No
Balderson	Republican	OH	No
Banks	Republican	IN	No
Barr	Republican	KY	No
Barragán	Democratic	CA	Yes
Bass	Democratic	CA	Yes
Beatty	Democratic	OH	Yes
Bentz	Republican	OR	No
Bera	Democratic	CA	Yes
Bergman	Republican	MI	No
Beyer	Democratic	VA	Yes
Bice (OK)	Republican	OK	No
Biggs	Republican	AZ	No
Bilirakis	Republican	FL	No
Bishop (GA)	Democratic	GA	Yes
Bishop (NC)	Republican	NC	No
Blumenauer	Democratic	OR	Yes
Blunt Rochester	Democratic	DE	Yes
Boebert	Republican	CO	No
Bonamici	Democratic	OR	Yes
Bost	Republican	IL	No
Bourdeaux	Democratic	GA	Yes
Bowman	Democratic	NY	Yes
Boyle, Brendan F.	Democratic	PA	Yes
Brady	Republican	TX	No
Brooks	Republican	AL	No
Brown	Democratic	MD	Yes
Brownley	Democratic	CA	Yes
Buchanan	Republican	FL	No
Buck	Republican	CO	No
Bucshon	Republican	IN	No
Budd	Republican	NC	No
Burchett	Republican	TN	No
Burgess	Republican	TX	No
Bush	Democratic	MO	Yes
Bustos	Democratic	IL	Yes
Butterfield	Democratic	NC	Yes
Calvert	Republican	CA	No
Cammack	Republican	FL	No
Carbajal	Democratic	CA	Yes
Cárdenas	Democratic	CA	Yes
Carl	Republican	AL	No
Carson	Democratic	IN	Yes
Carter (GA)	Republican	GA	No
Carter (TX)	Republican	TX	No
Cartwright	Democratic	PA	Yes
Case	Democratic	HI	Yes
Casten	Democratic	IL	Yes
Castor (FL)	Democratic	FL	Yes
Castro (TX)	Democratic	TX	Yes
Cawthorn	Republican	NC	No
Chabot	Republican	OH	No
Cheney	Republican	WY	Yes
Chu	Democratic	CA	Yes
Cicilline	Democratic	RI	Yes
Clark (MA)	Democratic	MA	Yes
Clarke (NY)	Democratic	NY	Yes
Cleaver	Democratic	MO	Yes
Cline	Republican	VA	No
Cloud	Republican	TX	No
Clyburn	Democratic	SC	Yes
Clyde	Republican	GA	No
Cohen	Democratic	TN	Yes
Cole	Republican	OK	No
Comer	Republican	KY	No
Connolly	Democratic	VA	Yes
Cooper	Democratic	TN	Yes
Correa	Democratic	CA	Yes
Costa	Democratic	CA	Yes
Courtney	Democratic	CT	Yes
Craig	Democratic	MN	Yes
Crawford	Republican	AR	No
Crenshaw	Republican	TX	No
Crist	Democratic	FL	Yes
Crow	Democratic	CO	Yes
Cuellar	Democratic	TX	Yes
Curtis	Republican	UT	No
Davids (KS)	Democratic	KS	Yes
Davidson	Republican	OH	No
Davis, Danny K.	Democratic	IL	Yes
Davis, Rodney	Republican	IL	No
Dean	Democratic	PA	Yes
DeFazio	Democratic	OR	Yes
DeGette	Democratic	CO	Yes
DeLauro	Democratic	CT	Yes
DelBene	Democratic	WA	Yes
Delgado	Democratic	NY	Yes
Demings	Democratic	FL	Yes
DeSaulnier	Democratic	CA	Yes
DesJarlais	Republican	TN	No
Deutch	Democratic	FL	Yes
Diaz-Balart	Republican	FL	No
Dingell	Democratic	MI	Yes
Doggett	Democratic	TX	Yes
Donalds	Republican	FL	No
Doyle, Michael F.	Democratic	PA	Yes
Duncan	Republican	SC	No
Dunn	Republican	FL	No
Emmer	Republican	MN	No
Escobar	Democratic	TX	Yes
Eshoo	Democratic	CA	Yes
Espaillat	Democratic	NY	Yes
Estes	Republican	KS	No
Evans	Democratic	PA	Yes
Fallon	Republican	TX	No
Feenstra	Republican	IA	No
Ferguson	Republican	GA	No
Fischbach	Republican	MN	No
Fitzgerald	Republican	WI	No
Fitzpatrick	Republican	PA	No
Fleischmann	Republican	TN	No
Fletcher	Democratic	TX	Yes
Fortenberry	Republican	NE	No
Foster	Democratic	IL	Yes
Foxx	Republican	NC	No
Frankel, Lois	Democratic	FL	Yes
Franklin, C. Scott	Republican	FL	No
Fudge	Democratic	OH	Yes
Fulcher	Republican	ID	No
Gaetz	Republican	FL	No
Gallagher	Republican	WI	No
Gallego	Democratic	AZ	Yes
Garamendi	Democratic	CA	Yes
Garbarino	Republican	NY	No
Garcia (CA)	Republican	CA	No
García (IL)	Democratic	IL	Yes
Garcia (TX)	Democratic	TX	Yes
Gibbs	Republican	OH	No
Gimenez	Republican	FL	No
Gohmert	Republican	TX	No
Golden	Democratic	ME	Yes
Gomez	Democratic	CA	Yes
Gonzales, Tony	Republican	TX	No
Gonzalez (OH)	Republican	OH	Yes
Gonzalez, Vicente	Democratic	TX	Yes
Good (VA)	Republican	VA	No
Gooden (TX)	Republican	TX	No
Gosar	Republican	AZ	No
Gottheimer	Democratic	NJ	Yes
Granger	Republican	TX	Not voting
Graves (LA)	Republican	LA	No
Graves (MO)	Republican	MO	No
Green (TN)	Republican	TN	No
Green, Al (TX)	Democratic	TX	Yes
Greene (GA)	Republican	GA	No
Griffith	Republican	VA	No
Grijalva	Democratic	AZ	Yes
Grothman	Republican	WI	No
Guest	Republican	MS	No
Guthrie	Republican	KY	No
Haaland	Democratic	NM	Yes
Hagedorn	Republican	MN	No
Harder (CA)	Democratic	CA	Yes
Harris	Republican	MD	Not voting
Harshbarger	Republican	TN	No
Hartzler	Republican	MO	No
Hastings	Democratic	FL	Yes
Hayes	Democratic	CT	Yes
Hern	Republican	OK	No
Herrell	Republican	NM	No
Herrera Beutler	Republican	WA	Yes
Hice (GA)	Republican	GA	No
Higgins (LA)	Republican	LA	No
Higgins (NY)	Democratic	NY	Yes
Hill	Republican	AR	No
Himes	Democratic	CT	Yes
Hinson	Republican	IA	No
Hollingsworth	Republican	IN	No
Horsford	Democratic	NV	Yes
Houlahan	Democratic	PA	Yes
Hoyer	Democratic	MD	Yes
Hudson	Republican	NC	No
Huffman	Democratic	CA	Yes
Huizenga	Republican	MI	No
Issa	Republican	CA	No
Jackson	Republican	TX	No
Jackson Lee	Democratic	TX	Yes
Jacobs (CA)	Democratic	CA	Yes
Jacobs (NY)	Republican	NY	No
Jayapal	Democratic	WA	Yes
Jeffries	Democratic	NY	Yes
Johnson (GA)	Democratic	GA	Yes
Johnson (LA)	Republican	LA	No
Johnson (OH)	Republican	OH	No
Johnson (SD)	Republican	SD	No
Johnson (TX)	Democratic	TX	Yes
Jones	Democratic	NY	Yes
Jordan	Republican	OH	No
Joyce (OH)	Republican	OH	No
Joyce (PA)	Republican	PA	No
Kahele	Democratic	HI	Yes
Kaptur	Democratic	OH	Yes
Katko	Republican	NY	Yes
Keating	Democratic	MA	Yes
Keller	Republican	PA	No
Kelly (IL)	Democratic	IL	Yes
Kelly (MS)	Republican	MS	No
Kelly (PA)	Republican	PA	No
Khanna	Democratic	CA	Yes
Kildee	Democratic	MI	Yes
Kilmer	Democratic	WA	Yes
Kim (CA)	Republican	CA	No
Kim (NJ)	Democratic	NJ	Yes
Kind	Democratic	WI	Yes
Kinzinger	Republican	IL	Yes
Kirkpatrick	Democratic	AZ	Yes
Krishnamoorthi	Democratic	IL	Yes
Kuster	Democratic	NH	Yes
Kustoff	Republican	TN	No
LaHood	Republican	IL	No
LaMalfa	Republican	CA	No
Lamb	Democratic	PA	Yes
Lamborn	Republican	CO	No
Langevin	Democratic	RI	Yes
Larsen (WA)	Democratic	WA	Yes
Larson (CT)	Democratic	CT	Yes
Latta	Republican	OH	No
LaTurner	Republican	KS	No
Lawrence	Democratic	MI	Yes
Lawson (FL)	Democratic	FL	Yes
Lee (CA)	Democratic	CA	Yes
Lee (NV)	Democratic	NV	Yes
Leger Fernandez	Democratic	NM	Yes
Lesko	Republican	AZ	No
Levin (CA)	Democratic	CA	Yes
Levin (MI)	Democratic	MI	Yes
Lieu	Democratic	CA	Yes
Lofgren	Democratic	CA	Yes
Long	Republican	MO	No
Loudermilk	Republican	GA	No
Lowenthal	Democratic	CA	Yes
Lucas	Republican	OK	No
Luetkemeyer	Republican	MO	No
Luria	Democratic	VA	Yes
Lynch	Democratic	MA	Yes
Mace	Republican	SC	No
Malinowski	Democratic	NJ	Yes
Malliotakis	Republican	NY	No
Maloney, Carolyn B.	Democratic	NY	Yes
Maloney, Sean	Democratic	NY	Yes
Mann	Republican	KS	No
Manning	Democratic	NC	Yes
Massie	Republican	KY	No
Mast	Republican	FL	No
Matsui	Democratic	CA	Yes
McBath	Democratic	GA	Yes
McCarthy	Republican	CA	No
McCaul	Republican	TX	No
McClain	Republican	MI	No
McClintock	Republican	CA	No
McCollum	Democratic	MN	Yes
McEachin	Democratic	VA	Yes
McGovern	Democratic	MA	Yes
McHenry	Republican	NC	No
McKinley	Republican	WV	No
McNerney	Democratic	CA	Yes
Meeks	Democratic	NY	Yes
Meijer	Republican	MI	Yes
Meng	Democratic	NY	Yes
Meuser	Republican	PA	No
Mfume	Democratic	MD	Yes
Miller (IL)	Republican	IL	No
Miller (WV)	Republican	WV	No
Miller-Meeks	Republican	IA	No
Moolenaar	Republican	MI	No
Mooney	Republican	WV	No
Moore (AL)	Republican	AL	No
Moore (UT)	Republican	UT	No
Moore (WI)	Democratic	WI	Yes
Morelle	Democratic	NY	Yes
Moulton	Democratic	MA	Yes
Mrvan	Democratic	IN	Yes
Mullin	Republican	OK	No
Murphy (FL)	Democratic	FL	Yes
Murphy (NC)	Republican	NC	Not voting
Nadler	Democratic	NY	Yes
Napolitano	Democratic	CA	Yes
Neal	Democratic	MA	Yes
Neguse	Democratic	CO	Yes
Nehls	Republican	TX	No
Newhouse	Republican	WA	Yes
Newman	Democratic	IL	Yes
Norcross	Democratic	NJ	Yes
Norman	Republican	SC	No
Nunes	Republican	CA	No
O'Halleran	Democratic	AZ	Yes
Obernolte	Republican	CA	No
Ocasio-Cortez	Democratic	NY	Yes
Omar	Democratic	MN	Yes
Owens	Republican	UT	No
Palazzo	Republican	MS	No
Pallone	Democratic	NJ	Yes
Palmer	Republican	AL	No
Panetta	Democratic	CA	Yes
Pappas	Democratic	NH	Yes
Pascrell	Democratic	NJ	Yes
Payne	Democratic	NJ	Yes
Pelosi	Democratic	CA	Yes
Pence	Republican	IN	No
Perlmutter	Democratic	CO	Yes
Perry	Republican	PA	No
Peters	Democratic	CA	Yes
Pfluger	Republican	TX	No
Phillips	Democratic	MN	Yes
Pingree	Democratic	ME	Yes
Pocan	Democratic	WI	Yes
Porter	Democratic	CA	Yes
Posey	Republican	FL	No
Pressley	Democratic	MA	Yes
Price (NC)	Democratic	NC	Yes
Quigley	Democratic	IL	Yes
Raskin	Democratic	MD	Yes
Reed	Republican	NY	No
Reschenthaler	Republican	PA	No
Rice (NY)	Democratic	NY	Yes
Rice (SC)	Republican	SC	Yes
Richmond	Democratic	LA	Yes
Rodgers (WA)	Republican	WA	No
Rogers (AL)	Republican	AL	No
Rogers (KY)	Republican	KY	No
Rose	Republican	TN	No
Rosendale	Republican	MT	No
Ross	Democratic	NC	Yes
Rouzer	Republican	NC	No
Roy	Republican	TX	No
Roybal-Allard	Democratic	CA	Yes
Ruiz	Democratic	CA	Yes
Ruppersberger	Democratic	MD	Yes
Rush	Democratic	IL	Yes
Rutherford	Republican	FL	No
Ryan	Democratic	OH	Yes
Salazar	Republican	FL	No
Sánchez	Democratic	CA	Yes
Sarbanes	Democratic	MD	Yes
Scalise	Republican	LA	No
Scanlon	Democratic	PA	Yes
Schakowsky	Democratic	IL	Yes
Schiff	Democratic	CA	Yes
Schneider	Democratic	IL	Yes
Schrader	Democratic	OR	Yes
Schrier	Democratic	WA	Yes
Schweikert	Republican	AZ	No
Scott (VA)	Democratic	VA	Yes
Scott, Austin	Republican	GA	No
Scott, David	Democratic	GA	Yes
Sessions	Republican	TX	No
Sewell	Democratic	AL	Yes
Sherman	Democratic	CA	Yes
Sherrill	Democratic	NJ	Yes
Simpson	Republican	ID	No
Sires	Democratic	NJ	Yes
Slotkin	Democratic	MI	Yes
Smith (MO)	Republican	MO	No
Smith (NE)	Republican	NE	No
Smith (NJ)	Republican	NJ	No
Smith (WA)	Democratic	WA	Yes
Smucker	Republican	PA	No
Soto	Democratic	FL	Yes
Spanberger	Democratic	VA	Yes
Spartz	Republican	IN	No
Speier	Democratic	CA	Yes
Stanton	Democratic	AZ	Yes
Stauber	Republican	MN	No
Steel	Republican	CA	No
Stefanik	Republican	NY	No
Steil	Republican	WI	No
Steube	Republican	FL	No
Stevens	Democratic	MI	Yes
Stewart	Republican	UT	No
Stivers	Republican	OH	No
Strickland	Democratic	WA	Yes
Suozzi	Democratic	NY	Yes
Swalwell	Democratic	CA	Yes
Takano	Democratic	CA	Yes
Taylor	Republican	TX	No
Thompson (CA)	Democratic	CA	Yes
Thompson (MS)	Democratic	MS	Yes
Thompson (PA)	Republican	PA	No
Tiffany	Republican	WI	No
Timmons	Republican	SC	No
Titus	Democratic	NV	Yes
Tlaib	Democratic	MI	Yes
Tonko	Democratic	NY	Yes
Torres (CA)	Democratic	CA	Yes
Torres (NY)	Democratic	NY	Yes
Trahan	Democratic	MA	Yes
Trone	Democratic	MD	Yes
Turner	Republican	OH	No
Underwood	Democratic	IL	Yes
Upton	Republican	MI	Yes
Valadao	Republican	CA	Yes
Van Drew	Republican	NJ	No
Van Duyne	Republican	TX	No
Vargas	Democratic	CA	Yes
Veasey	Democratic	TX	Yes
Vela	Democratic	TX	Yes
Velázquez	Democratic	NY	Yes
Wagner	Republican	MO	No
Walberg	Republican	MI	No
Walorski	Republican	IN	No
Waltz	Republican	FL	No
Wasserman Schultz	Democratic	FL	Yes
Waters	Democratic	CA	Yes
Watson Coleman	Democratic	NJ	Yes
Weber (TX)	Republican	TX	No
Webster (FL)	Republican	FL	Not voting
Welch	Democratic	VT	Yes
Wenstrup	Republican	OH	No
Westerman	Republican	AR	No
Wexton	Democratic	VA	Yes
Wild	Democratic	PA	Yes
Williams (GA)	Democratic	GA	Yes
Williams (TX)	Republican	TX	No
Wilson (FL)	Democratic	FL	Yes
Wilson (SC)	Republican	SC	No
Wittman	Republican	VA	No
Womack	Republican	AR	No
Wright	Republican	TX	No
Yarmuth	Democratic	KY	Yes
Young	Republican	AK	No
Zeldin	Republican	NY	No

Article of impeachment

The following document contains the text of the article of impeachment.

Supporting materials prepared by the House Committee on the Judiciary

On January 12, 2021, the House Judiciary Committee Majority Staff prepared the following report providing background materials on the breach of the Capitol and the standards and argument for impeachment.

Constitutionality of Senate trial of former president

The question of whether the Senate can hold a trial for and convict a former president is unsettled. Article II, Section 4 of the U.S. Constitution provides:^[22]

Article I, Section 3, of the Constitution, also states the following:

J. Michael Luttig, who served on theU.S. Court of Appeals for the Fourth Circuit for 25 years, said that such a trial would be unconstitutional. He interpreted the language of Section 4 to refer to an official in office.^[24]

Luttig said, "The very concept of constitutional impeachment presupposes the impeachment, conviction and removal of a president who is, at the time of his impeachment, an incumbent in the office from which he is removed. Indeed, that was the purpose of the impeachment power, to remove from office a president or other 'civil official' before he could further harm the nation from the office he then occupies."^[24]

Laurence Tribe, a professor emeritus at Harvard Law School, said that the Senate had the constitutional authority to pursue proceedings against a former present. He said that Article I, Section 3, distinguishes between removal and disqualification. He said,

"To be sure, a former officer may no longer be 'removed' even upon conviction by a two-thirds vote. But that has no bearing on whether such an ex-officer may be barred permanently from office upon being convicted. That separate judgment would require no more than a simple majority vote," Tribe said. "Concluding otherwise would all but erase the disqualification power from the Constitution’s text: If an impeachable officer became immune from trial and conviction upon leaving office, any official seeing conviction as imminent could easily remove the prospect of disqualification simply by resigning moments before the Senate’s anticipated verdict."^[25]

The Congressional Research Service said in a report on January 15, 2021, "Though the text is open to debate, it appears that most scholars who have closely examined the question have concluded that Congress has authority to extend the impeachmentprocess to officials who are no longer in office."^[26]

Click on one of the following links for additional arguments for and against the constitutionality of the trial:

• Congressional Research Service:The Impeachment and Trial of a Former President (January 15, 2021)
• Robert A. Levy, Cato Institute:Impeachment of an Ex‐​President Is Unconstitutional (January 22, 2021)
• Natasha Bertrand,Politico:Legal scholars, including at Federalist Society, say Trump can be convicted (January 21, 2020)
• Alan Dershowitz,The Wall Street Journal:No, You Can’t Try an Impeached Former President (January 20, 2021)
• Keith E. Whittington,The Wall Street Journal:Yes, the Senate Can Try Trump (January 22, 2021)
• Ian Millhiser,Vox:Is it constitutional to hold an impeachment trial for a former president? (January 23, 2021)

Which presidents have been impeached?

See also:Impeachment of federal officials

This section provides a brief history of the impeachment of presidents. Of the other three presidents who have had articles of impeachment against them adopted, two were acquitted by the U.S. Senate and one resigned before the full U.S. House vote took place.

Andrew Johnson

On February 24, 1868, PresidentAndrew Johnson (Union) became the first sitting president to be impeached. FollowingCongress' passage of the Tenure of Office Act forbidding the president from removing federal officials without the approval of Congress, Johnson firedSecretary of War Edwin Stanton and replaced him withUlysses S. Grant. Johnson hoped to challenge the constitutionality of the Act.

TheHouse charged him with violating the Act and passed an impeachment resolution 126-47. Johnson was acquitted by theSenate on May 16, 1868, by a vote of 35-19, one vote short of two-thirds. SevenRepublican senators broke ranks with the party to prevent Johnson's conviction.^[27]

Richard Nixon

Three articles of impeachment for obstruction of justice, misuse of power, and contempt of Congress were approved by the House Judiciary Committee against PresidentRichard Nixon (R) in July 1974. The charges followed Nixon's involvement in covering up the attempted burglary and wiretapping of the Democratic National Committee headquarters at Watergate two years earlier.

Nixon resigned on August 8, 1974, before the articles of impeachment went to a full floor vote in the House.^[28]

Bill Clinton

PresidentWilliam Jefferson Clinton (D) was impeached by theU.S. House on charges of perjury and obstruction of justice on December 19, 1998. The first article of impeachment for perjury passed the House by a vote of 228-206, while the second vote on obstruction of justice passed by 221-212. The charges stemmed from an affair Clinton had with White House staffer Monica Lewinski. House Republicans accused Clinton of lying and having others lie to hide the affair. Two other charges, perjury in regards to an affair with Paula Jones and abuse of power, were rejected by the House.^[29]

With 708 days remaining in his second term as president, the Senate acquitted Clinton on both charges brought up by the House on February 12, 1999. The perjury charge failed by a vote of 45-55 while the obstruction of justice charge failed on a tied vote of 50-50.^[30]

See also

• Counting of electoral votes (January 6-7, 2021)
• Breach of U.S. Capitol during electoral vote count (January 6, 2021)
• Reactions to U.S. Capitol breach during electoral vote count (January 6, 2021)
• Impeachment of Donald Trump, 2019-2020

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