On December 18, 2019, the House of Representatives passed two articles of impeachment against President Trump. Below is a breakdown of the votes on each article:
Both articles passed largely along party lines. Republicans were wholly unified in their opposition, while a handful of Democrats broke away from their party: Congressmen Collin Peterson (MN-07) and Jeff Van Drew (NJ-02) opposed both articles, while Congressman Jared Golden (ME-02) voted against one article. Of the 31 Democrats representing districts won by President Trump in 2016, 29 voted for impeachment.
Some Background on the Impeachment Process
While the Constitution does not specifically mention investigations and oversight, “the authority to conduct investigations is implied since Congress possesses ‘all legislative powers’.” The U.S. House of Representatives initiates impeachment proceedings and passes articles of impeachment.
Article I, section 3, clause 6 of the Constitution states that The Senate presides over impeachments of the president or other high officials and can remove them by a two-thirds vote. An official is impeached once the House votes to approve an article of impeachment. The House then sends an indictment – the articles of impeachment – to the Senate, which forms itself into a jury.
If the official accused is below the level of the president, the vice president acts as the presiding officer of the impeachment. But if the official being impeached is the president, the chief justice of the Supreme Court (currently Justice John Roberts) presides over the Senate proceedings.
The Senate could vote to acquit the accused official, but if two-thirds of the Senate finds the official guilty, that official is removed from office and then subject to the regular penalties of law.
What’s Next?
With articles passing in the House, the impeachment fight will soon move to the U.S. Senate for a trial. Here is what we currently know about the process, as well as items we will be watching in the coming weeks:
- Pelosi must formally transmit the articles to the Senate before a trial can begin, though she suggested she’ll delay transmittal until she knows the trial will be “fair.” Senate Majority Leader Mitch McConnell criticized Pelosi for her new stance, saying House Democrats may be “too afraid to even transmit their shoddy work product to the Senate.” McConnell has previously rejected Democrats’ requests for a trial to include new witnesses and additional evidence, asserting the Senate will not “rerun the entire fact-finding investigation.”
- The trial is tentatively expected to begin in January, though no formal date has been decided. The length of the trial will be dependent on Senate rules, which are still being negotiated. For reference, President Bill Clinton’s trial lasted 37 days, while President Andrew Johnson’s trial took nearly three months.
- Before the trial, Pelosi must choose “impeachment managers” who will be responsible for prosecuting the case against Trump in the Senate. Once chosen, the House will vote on a resolution formally appointing and authorizing the managers. During Clinton’s impeachment trial, thirteen Republican congressmen served as managers.
- The rules of the trial are still being determined, with McConnell steering the ship. While standing Senate rules on impeachment will guide some aspects of the trial, important rules regarding argument time, evidence, whether there will be witnesses, and more can be passed by a simple majority, or 51 Senators. With a 53-seat majority, Senate Republicans, with input from the White House, can largely shape the structure of the trial. McConnell is hoping to strike a bipartisan agreement on trial procedures with Senate Democrats, similar to what was reached in the Clinton impeachment trial, but has indicated a willingness to move forward with only GOP support if necessary.
- Chief Justice John Roberts will preside over the trial. Roberts will be responsible for administering oaths and ruling on procedural matters. All motions, objections, requests, or applications must be addressed to him throughout the trial, though his rulings may be overruled by a simple majority vote. Depending on trial rules, he could also serve as a tie breaker if a vote is split 50-50.
- President Trump will decide his defense counsel. White House Counsel Pat Cipollone is expected to argue on behalf of the President. President Trump also maintains the right to defend himself at the trial, either in writing or in person.
- The Senate will serve as judge and jury. Senators will consider evidence, hear witnesses, question the defense counsel and impeachment managers, and vote to either convict, acquit, or dismiss the articles of impeachment. Under current rules, questions and motions must be submitted to the presiding officer—Chief Justice Roberts—in writing.
- Should the trial move forward, there are three potential outcomes: (1) the Senate will dismiss the articles outright; (2) the Senate will acquit; or (3) the Senate will convict the President. Any Senator may file a motion to dismiss the articles of impeachment, either before or during the trial, needing only a simple majority to succeed. If at the conclusion of the trial, fewer than 67 senators vote in favor of an article of impeachment, the President is acquitted. If 67 or more senators vote in favor of an article, the President is convicted and removed from office.
