First impeachment of Donald Trump

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First impeachment of Donald Trump
House of Representatives Votes to Adopt the Articles of Impeachment Against Donald Trump.jpg
Members of House of Representatives vote on two articles of impeachment
Accused Donald Trump, 45th President of the United States [1]
Proponents
DateDecember 18, 2019 ⁠–⁠ February 5, 2020
(1 month, 2 weeks and 4 days)
OutcomeAcquitted by the U.S. Senate, remained in the office of President of the United States
Charges Abuse of power, obstruction of Congress
Cause Allegations that Trump unlawfully solicited Ukrainian authorities to influence the 2020 U.S. presidential election
Congressional votes
Voting in the U.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 the U.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)

The first impeachment of President Donald Trump occurred on December 18, 2019. On that date, the House of Representatives adopted two articles of impeachment against Trump: abuse of power and obstruction of Congress. On February 5, 2020, the Senate voted to acquit Trump on both articles of impeachment. [2]

Contents

Trump's first impeachment took place after a formal House inquiry found that he had solicited foreign interference in the 2020 U.S. presidential election to help his re-election bid, and had then obstructed the inquiry itself by telling his administration officials to ignore subpoenas for documents and testimony. The inquiry reported that Trump withheld military aid [lower-alpha 1] and an invitation to the White House from Ukrainian president Volodymyr Zelenskyy in order to influence Ukraine to announce an investigation into Trump's political opponent Joe Biden, and to promote a discredited conspiracy theory that Ukraine–⁠not Russia–⁠was behind interference in the 2016 presidential election. [4] [5] The inquiry stage of Trump's impeachment lasted from September to November 2019 in the wake of an August whistleblower complaint alleging Trump's abuse of power. [4] A set of impeachment hearings before the House 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 the Senate on January 16, 2020, initiating an 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 term. However, he was impeached for a second time in 2021 following the January 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

Donald Trump is the third U.S. president to be impeached by the House of Representatives, after Andrew Johnson in 1868 and Bill Clinton in 1998. [1] [8] Before Trump, Johnson was the only president to be impeached in his first term. [lower-alpha 2] The House Judiciary Committee also voted to adopt three articles of impeachment against Richard Nixon, but he resigned prior to the full House vote. [9] [lower-alpha 3] The Senate voted to acquit both Johnson and Clinton in their trials. [10] [lower-alpha 4]

"Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors" by Congressman Brad Sherman 2017 July - Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors.pdf
"Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors" by Congressman Brad Sherman

Congress's first efforts to impeach Trump were initiated by Democratic representatives Al Green and Brad 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 House Nancy Pelosi initially resisted calls for impeachment. In May 2019, however, she indicated that Trump's continued actions, which she characterized as obstruction of justice and refusal to honor Congressional subpoenas, might make an impeachment 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 asserted executive privilege, which led to several lawsuits, including In re: Don McGahn . [18]

Trump–Ukraine scandal

Whistleblower complaint on Donald Trump's communications with Volodymyr Zelensky.pdf
Whistleblower complaint dated August 12, 2019, regarding a July 25 phone conversation between Trump and Zelensky
Donald Trump and Volodymyr Zelensky telephone conversation memorandum.pdf
Memorandum of the 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 former U.S. President Donald Trump to coerce Ukraine and other foreign countries into providing damaging narratives about 2020 Democratic Party presidential primary candidate Joe Biden, as well as information relating to the origins of previous political attacks against him, such as the claims investigated by Robert Mueller. Trump enlisted surrogates within and outside his official administration, including his lawyer Rudy Giuliani and Attorney General William 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 obtain quid pro quo cooperation from Volodymyr Zelenskyy, the president of Ukraine. A number of contacts were established between the White House and the government 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, senior executive budget official Michael Duffey discreetly instructed the Pentagon to continue withholding military aid to Ukraine. [25] [26] [27] [lower-alpha 5]

The scandal reached public attention in mid-September 2019 after a whistleblower complaint made in August 2019. [28] The complaint raised concerns about Trump using presidential powers to solicit foreign electoral intervention in the 2020 U.S. presidential election. [29] The Trump White House has corroborated several allegations raised by the whistleblower. A non-verbatim transcript of the Trump–Zelenskyy call confirmed that Trump requested investigations into Joe Biden and his son Hunter, as well as a discredited 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 staff Mick 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 for hacking 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 Union Gordon Sondland testified that he worked with Giuliani at Trump's "express direction" to arrange a quid pro quo with the Ukraine government. [39]

Inquiry

On the evening of September 24, 2019, Pelosi announced that six committees of the House of Representatives would begin a formal impeachment inquiry into President Trump. Pelosi accused the President of betraying his oath of office, national security, and the integrity of the country's elections. [40] [41] [42] The six committees charged with the task were those on Financial Services, the Judiciary, Intelligence, Foreign Affairs, Oversight and Reform, and Ways 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 official Fiona Hill. [46] Witnesses testified that they believed that President Trump wanted Zelenskyy to publicly announce investigations into the Bidens and Burisma (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 from White House counsel Pat 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 the full 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 of quid 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 no quid 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 representative Jim McGovern introduced a resolution referred to the House 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] Ambassador Marie Yovanovitch testified before the committee on November 15, 2019. [55] Lieutenant Colonel Alexander Vindman, the National Security Council's head of European affairs, and Jennifer Williams, Vice President Mike 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, and Tim 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 Officers Catherine Croft, Jennifer Williams, Christopher Anderson, and Suriya Jayanti. [58]

Open hearing testimony of Fiona Hill and David Holmes on November 21, 2019 Open Hearing with Dr. Fiona Hill and David Holmes.jpg
Open hearing testimony of Fiona Hill and David 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 and David Hale, the under 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 was David 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

Judiciary Committee hearings

Impeachment of Donald J. Trump, President of the United States--Report of the Committee on the Judiciary, House of Representatives Impeachment of Donald J. Trump, President of the United States -- Report of the Committee on the Judiciary, House of Representatives.pdf
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 a NATO 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 chairman Jerry 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 professors Noah Feldman from Harvard, Pamela S. Karlan from Stanford, and Michael Gerhardt from the University of North Carolina. Republicans invited Jonathan Turley, a constitutional scholar at George Washington University; [81] [82] Turley, who had testified in favor of the impeachment of President Bill 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 a quid pro quo with the president of Ukraine, obstruction of Congress for hindering the House's investigation, and obstruction of justice for attempting to dismiss Robert 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

Articles of impeachment read into the Congressional Record by Reading Clerk Joe Novotny
House Resolution 755--Articles of Impeachment Against President Donald J. Trump House Resolution 755 -- Articles of Impeachment Against President Donald J. Trump.pdf
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. Democrat Ted 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 [lower-alpha 6] Agreed to [lower-alpha 6]

House vote

Article I, Section 2, Clause 5 of the U.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, the House 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 representative Barry Loudermilk comparing the impeachment inquiry of President Trump to the trial of Jesus Christ, saying that the Christian savior was treated far better by the authorities. [107] Maryland representative Steny 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, except Collin Peterson and Jeff Van Drew, who voted against, [111] and Tulsi Gabbard, who voted "present"; all House Republicans voted against, although Justin 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, and Jared 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: Republican Duncan D. Hunter, who was banned from voting under the House's rules after pleading guilty to illegally using campaign funds; Democrat José E. Serrano, who had a health setback after being diagnosed with Parkinson's disease earlier in the year; and Republican John 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) [lower-alpha 7] 2301971322919813
ResultAdopted [lower-alpha 8] Adopted [lower-alpha 8]
Full list of member votes on House Resolution 755 [116] [117]
DistrictMemberPartyArticle IArticle II
Alabama 1 Bradley Byrne RepublicanNayNay
Alabama 2 Martha Roby RepublicanNayNay
Alabama 3 Mike Rogers RepublicanNayNay
Alabama 4 Robert Aderholt RepublicanNayNay
Alabama 5 Mo Brooks RepublicanNayNay
Alabama 6 Gary Palmer RepublicanNayNay
Alabama 7 Terri Sewell DemocraticYeaYea
Alaska at-large Don Young RepublicanNayNay
Arizona 1 Tom O'Halleran DemocraticYeaYea
Arizona 2 Ann Kirkpatrick DemocraticYeaYea
Arizona 3 Raúl Grijalva DemocraticYeaYea
Arizona 4 Paul Gosar RepublicanNayNay
Arizona 5 Andy Biggs RepublicanNayNay
Arizona 6 David Schweikert RepublicanNayNay
Arizona 7 Ruben Gallego DemocraticYeaYea
Arizona 8 Debbie Lesko RepublicanNayNay
Arizona 9 Greg Stanton DemocraticYeaYea
Arkansas 1 Rick Crawford RepublicanNayNay
Arkansas 2 French Hill RepublicanNayNay
Arkansas 3 Steve Womack RepublicanNayNay
Arkansas 4 Bruce Westerman RepublicanNayNay
California 1 Doug LaMalfa RepublicanNayNay
California 2 Jared Huffman DemocraticYeaYea
California 3 John Garamendi DemocraticYeaYea
California 4 Tom McClintock RepublicanNayNay
California 5 Mike Thompson DemocraticYeaYea
California 6 Doris Matsui DemocraticYeaYea
California 7 Ami Bera DemocraticYeaYea
California 8 Paul Cook RepublicanNayNay
California 9 Jerry McNerney DemocraticYeaYea
California 10 Josh Harder DemocraticYeaYea
California 11 Mark DeSaulnier DemocraticYeaYea
California 12 Nancy Pelosi DemocraticYeaYea
California 13 Barbara Lee DemocraticYeaYea
California 14 Jackie Speier DemocraticYeaYea
California 15 Eric Swalwell DemocraticYeaYea
California 16 Jim Costa DemocraticYeaYea
California 17 Ro Khanna DemocraticYeaYea
California 18 Anna Eshoo DemocraticYeaYea
California 19 Zoe Lofgren DemocraticYeaYea
California 20 Jimmy Panetta DemocraticYeaYea
California 21 TJ Cox DemocraticYeaYea
California 22 Devin Nunes RepublicanNayNay
California 23 Kevin McCarthy RepublicanNayNay
California 24 Salud Carbajal DemocraticYeaYea
California 26 Julia Brownley DemocraticYeaYea
California 27 Judy Chu DemocraticYeaYea
California 28 Adam Schiff DemocraticYeaYea
California 29 Tony Cárdenas DemocraticYeaYea
California 30 Brad Sherman DemocraticYeaYea
California 31 Pete Aguilar DemocraticYeaYea
California 32 Grace Napolitano DemocraticYeaYea
California 33 Ted Lieu DemocraticYeaYea
California 34 Jimmy Gomez DemocraticYeaYea
California 35 Norma Torres DemocraticYeaYea
California 36 Raul Ruiz DemocraticYeaYea
California 37 Karen Bass DemocraticYeaYea
California 38 Linda Sánchez DemocraticYeaYea
California 39 Gil Cisneros DemocraticYeaYea
California 40 Lucille Roybal-Allard DemocraticYeaYea
California 41 Mark Takano DemocraticYeaYea
California 42 Ken Calvert RepublicanNayNay
California 43 Maxine Waters DemocraticYeaYea
California 44 Nanette Barragán DemocraticYeaYea
California 45 Katie Porter DemocraticYeaYea
California 46 Lou Correa DemocraticYeaYea
California 47 Alan Lowenthal DemocraticYeaYea
California 48 Harley Rouda DemocraticYeaYea
California 49 Mike Levin DemocraticYeaYea
California 50 Duncan D. Hunter RepublicanNot votingNot voting
California 51 Juan Vargas DemocraticYeaYea
California 52 Scott Peters DemocraticYeaYea
California 53 Susan Davis DemocraticYeaYea
Colorado 1 Diana DeGette DemocraticYeaYea
Colorado 2 Joe Neguse DemocraticYeaYea
Colorado 3 Scott Tipton RepublicanNayNay
Colorado 4 Ken Buck RepublicanNayNay
Colorado 5 Doug Lamborn RepublicanNayNay
Colorado 6 Jason Crow DemocraticYeaYea
Colorado 7 Ed Perlmutter DemocraticYeaYea
Connecticut 1 John B. Larson DemocraticYeaYea
Connecticut 2 Joe Courtney DemocraticYeaYea
Connecticut 3 Rosa DeLauro DemocraticYeaYea
Connecticut 4 Jim Himes DemocraticYeaYea
Connecticut 5 Jahana Hayes DemocraticYeaYea
Delaware at-large Lisa Blunt Rochester DemocraticYeaYea
Florida 1 Matt Gaetz RepublicanNayNay
Florida 2 Neal Dunn RepublicanNayNay
Florida 3 Ted Yoho RepublicanNayNay
Florida 4 John Rutherford RepublicanNayNay
Florida 5 Al Lawson DemocraticYeaYea
Florida 6 Michael Waltz RepublicanNayNay
Florida 7 Stephanie Murphy DemocraticYeaYea
Florida 8 Bill Posey RepublicanNayNay
Florida 9 Darren Soto DemocraticYeaYea
Florida 10 Val Demings DemocraticYeaYea
Florida 11 Daniel Webster RepublicanNayNay
Florida 12 Gus Bilirakis RepublicanNayNay
Florida 13 Charlie Crist DemocraticYeaYea
Florida 14 Kathy Castor DemocraticYeaYea
Florida 15 Ross Spano RepublicanNayNay
Florida 16 Vern Buchanan RepublicanNayNay
Florida 17 Greg Steube RepublicanNayNay
Florida 18 Brian Mast RepublicanNayNay
Florida 19 Francis Rooney RepublicanNayNay
Florida 20 Alcee Hastings DemocraticYeaYea
Florida 21 Lois Frankel DemocraticYeaYea
Florida 22 Ted Deutch DemocraticYeaYea
Florida 23 Debbie Wasserman Schultz DemocraticYeaYea
Florida 24 Frederica Wilson DemocraticYeaYea
Florida 25 Mario Díaz-Balart RepublicanNayNay
Florida 26 Debbie Mucarsel-Powell DemocraticYeaYea
Florida 27 Donna Shalala DemocraticYeaYea
Georgia 1 Buddy Carter RepublicanNayNay
Georgia 2 Sanford Bishop DemocraticYeaYea
Georgia 3 Drew Ferguson RepublicanNayNay
Georgia 4 Hank Johnson DemocraticYeaYea
Georgia 5 John Lewis DemocraticYeaYea
Georgia 6 Lucy McBath DemocraticYeaYea
Georgia 7 Rob Woodall RepublicanNayNay
Georgia 8 Austin Scott RepublicanNayNay
Georgia 9 Doug Collins RepublicanNayNay
Georgia 10 Jody Hice RepublicanNayNay
Georgia 11 Barry Loudermilk RepublicanNayNay
Georgia 12 Rick W. Allen RepublicanNayNay
Georgia 13 David Scott DemocraticYeaYea
Georgia 14 Tom Graves RepublicanNayNay
Hawaii 1 Ed Case DemocraticYeaYea
Hawaii 2 Tulsi Gabbard DemocraticPresentPresent
Idaho 1 Russ Fulcher RepublicanNayNay
Idaho 2 Mike Simpson RepublicanNayNay
Illinois 1 Bobby Rush DemocraticYeaYea
Illinois 2 Robin Kelly DemocraticYeaYea
Illinois 3 Dan Lipinski DemocraticYeaYea
Illinois 4 Jesús "Chuy" García DemocraticYeaYea
Illinois 5 Mike Quigley DemocraticYeaYea
Illinois 6 Sean Casten DemocraticYeaYea
Illinois 7 Danny K. Davis DemocraticYeaYea
Illinois 8 Raja Krishnamoorthi DemocraticYeaYea
Illinois 9 Jan Schakowsky DemocraticYeaYea
Illinois 10 Brad Schneider DemocraticYeaYea
Illinois 11 Bill Foster DemocraticYeaYea
Illinois 12 Mike Bost RepublicanNayNay
Illinois 13 Rodney Davis RepublicanNayNay
Illinois 14 Lauren Underwood DemocraticYeaYea
Illinois 15 John Shimkus RepublicanNot votingNot voting
Illinois 16 Adam Kinzinger RepublicanNayNay
Illinois 17 Cheri Bustos DemocraticYeaYea
Illinois 18 Darin LaHood RepublicanNayNay
Indiana 1 Pete Visclosky DemocraticYeaYea
Indiana 2 Jackie Walorski RepublicanNayNay
Indiana 3 Jim Banks RepublicanNayNay
Indiana 4 Jim Baird RepublicanNayNay
Indiana 5 Susan Brooks RepublicanNayNay
Indiana 6 Greg Pence RepublicanNayNay
Indiana 7 André Carson DemocraticYeaYea
Indiana 8 Larry Bucshon RepublicanNayNay
Indiana 9 Trey Hollingsworth RepublicanNayNay
Iowa 1 Abby Finkenauer DemocraticYeaYea
Iowa 2 Dave Loebsack DemocraticYeaYea
Iowa 3 Cindy Axne DemocraticYeaYea
Iowa 4 Steve King RepublicanNayNay
Kansas 1 Roger Marshall RepublicanNayNay
Kansas 2 Steve Watkins RepublicanNayNay
Kansas 3 Sharice Davids DemocraticYeaYea
Kansas 4 Ron Estes RepublicanNayNay
Kentucky 1 James Comer RepublicanNayNay
Kentucky 2 Brett Guthrie RepublicanNayNay
Kentucky 3 John Yarmuth DemocraticYeaYea
Kentucky 4 Thomas Massie RepublicanNayNay
Kentucky 5 Hal Rogers RepublicanNayNay
Kentucky 6 Andy Barr RepublicanNayNay
Louisiana 1 Steve Scalise RepublicanNayNay
Louisiana 2 Cedric Richmond DemocraticYeaYea
Louisiana 3 Clay Higgins RepublicanNayNay
Louisiana 4 Mike Johnson RepublicanNayNay
Louisiana 5 Ralph Abraham RepublicanNayNay
Louisiana 6 Garret Graves RepublicanNayNay
Maine 1 Chellie Pingree DemocraticYeaYea
Maine 2 Jared Golden DemocraticYeaNay
Maryland 1 Andy Harris RepublicanNayNay
Maryland 2 Dutch Ruppersberger DemocraticYeaYea
Maryland 3 John Sarbanes DemocraticYeaYea
Maryland 4 Anthony Brown DemocraticYeaYea
Maryland 5 Steny Hoyer DemocraticYeaYea
Maryland 6 David Trone DemocraticYeaYea
Maryland 8 Jamie Raskin DemocraticYeaYea
Massachusetts 1 Richard Neal DemocraticYeaYea
Massachusetts 2 Jim McGovern DemocraticYeaYea
Massachusetts 3 Lori Trahan DemocraticYeaYea
Massachusetts 4 Joe Kennedy III DemocraticYeaYea
Massachusetts 5 Katherine Clark DemocraticYeaYea
Massachusetts 6 Seth Moulton DemocraticYeaYea
Massachusetts 7 Ayanna Pressley DemocraticYeaYea
Massachusetts 8 Stephen F. Lynch DemocraticYeaYea
Massachusetts 9 Bill Keating DemocraticYeaYea
Michigan 1 Jack Bergman RepublicanNayNay
Michigan 2 Bill Huizenga RepublicanNayNay
Michigan 3 Justin Amash IndependentYeaYea
Michigan 4 John Moolenaar RepublicanNayNay
Michigan 5 Dan Kildee DemocraticYeaYea
Michigan 6 Fred Upton RepublicanNayNay
Michigan 7 Tim Walberg RepublicanNayNay
Michigan 8 Elissa Slotkin DemocraticYeaYea
Michigan 9 Andy Levin DemocraticYeaYea
Michigan 10 Paul Mitchell RepublicanNayNay
Michigan 11 Haley Stevens DemocraticYeaYea
Michigan 12 Debbie Dingell DemocraticYeaYea
Michigan 13 Rashida Tlaib DemocraticYeaYea
Michigan 14 Brenda Lawrence DemocraticYeaYea
Minnesota 1 Jim Hagedorn RepublicanNayNay
Minnesota 2 Angie Craig DemocraticYeaYea
Minnesota 3 Dean Phillips DemocraticYeaYea
Minnesota 4 Betty McCollum DemocraticYeaYea
Minnesota 5 Ilhan Omar DemocraticYeaYea
Minnesota 6 Tom Emmer RepublicanNayNay
Minnesota 7 Collin Peterson DemocraticNayNay
Minnesota 8 Pete Stauber RepublicanNayNay
Mississippi 1 Trent Kelly RepublicanNayNay
Mississippi 2 Bennie Thompson DemocraticYeaYea
Mississippi 3 Michael Guest RepublicanNayNay
Mississippi 4 Steven Palazzo RepublicanNayNay
Missouri 1 Lacy Clay DemocraticYeaYea
Missouri 2 Ann Wagner RepublicanNayNay
Missouri 3 Blaine Luetkemeyer RepublicanNayNay
Missouri 4 Vicky Hartzler RepublicanNayNay
Missouri 5 Emanuel Cleaver DemocraticYeaYea
Missouri 6 Sam Graves RepublicanNayNay
Missouri 7 Billy Long RepublicanNayNay
Missouri 8 Jason Smith RepublicanNayNay
Montana at-large Greg Gianforte RepublicanNayNay
Nebraska 1 Jeff Fortenberry RepublicanNayNay
Nebraska 2 Don Bacon RepublicanNayNay
Nebraska 3 Adrian Smith RepublicanNayNay
Nevada 1 Dina Titus DemocraticYeaYea
Nevada 2 Mark Amodei RepublicanNayNay
Nevada 3 Susie Lee DemocraticYeaYea
Nevada 4 Steven Horsford DemocraticYeaYea
New Hampshire 1 Chris Pappas DemocraticYeaYea
New Hampshire 2 Ann McLane Kuster DemocraticYeaYea
New Jersey 1 Donald Norcross DemocraticYeaYea
New Jersey 2 Jeff Van Drew DemocraticNayNay
New Jersey 3 Andy Kim DemocraticYeaYea
New Jersey 4 Chris Smith RepublicanNayNay
New Jersey 5 Josh Gottheimer DemocraticYeaYea
New Jersey 6 Frank Pallone DemocraticYeaYea
New Jersey 7 Tom Malinowski DemocraticYeaYea
New Jersey 8 Albio Sires DemocraticYeaYea
New Jersey 9 Bill Pascrell DemocraticYeaYea
New Jersey 10 Donald Payne Jr. DemocraticYeaYea
New Jersey 11 Mikie Sherrill DemocraticYeaYea
New Jersey 12 Bonnie Watson Coleman DemocraticYeaYea
New Mexico 1 Deb Haaland DemocraticYeaYea
New Mexico 2 Xochitl Torres Small DemocraticYeaYea
New Mexico 3 Ben Ray Luján DemocraticYeaYea
New York 1 Lee Zeldin RepublicanNayNay
New York 2 Peter T. King RepublicanNayNay
New York 3 Thomas Suozzi DemocraticYeaYea
New York 4 Kathleen Rice DemocraticYeaYea
New York 5 Gregory Meeks DemocraticYeaYea
New York 6 Grace Meng DemocraticYeaYea
New York 7 Nydia Velázquez DemocraticYeaYea
New York 8 Hakeem Jeffries DemocraticYeaYea
New York 9 Yvette Clarke DemocraticYeaYea
New York 10 Jerry Nadler DemocraticYeaYea
New York 11 Max Rose DemocraticYeaYea
New York 12 Carolyn Maloney DemocraticYeaYea
New York 13 Adriano Espaillat DemocraticYeaYea
New York 14 Alexandria Ocasio-Cortez DemocraticYeaYea
New York 15 José E. Serrano DemocraticNot votingNot voting
New York 16 Eliot Engel DemocraticYeaYea
New York 17 Nita Lowey DemocraticYeaYea
New York 18 Sean Patrick Maloney DemocraticYeaYea
New York 19 Antonio Delgado DemocraticYeaYea
New York 20 Paul Tonko DemocraticYeaYea
New York 21 Elise Stefanik RepublicanNayNay
New York 22 Anthony Brindisi DemocraticYeaYea
New York 23 Tom Reed RepublicanNayNay
New York 24 John Katko RepublicanNayNay
New York 25 Joseph Morelle DemocraticYeaYea
New York 26 Brian Higgins DemocraticYeaYea
North Carolina 1 G. K. Butterfield DemocraticYeaYea
North Carolina 2 George Holding RepublicanNayNay
North Carolina 3 Greg Murphy RepublicanNayNay
North Carolina 4 David Price DemocraticYeaYea
North Carolina 5 Virginia Foxx RepublicanNayNay
North Carolina 6 Mark Walker RepublicanNayNay
North Carolina 7 David Rouzer RepublicanNayNay
North Carolina 8 Richard Hudson RepublicanNayNay
North Carolina 9 Dan Bishop RepublicanNayNay
North Carolina 10 Patrick McHenry RepublicanNayNay
North Carolina 11 Mark Meadows RepublicanNayNay
North Carolina 12 Alma Adams DemocraticYeaYea
North Carolina 13 Ted Budd RepublicanNayNay
North Dakota at-large Kelly Armstrong RepublicanNayNay
Ohio 1 Steve Chabot RepublicanNayNay
Ohio 2 Brad Wenstrup RepublicanNayNay
Ohio 3 Joyce Beatty DemocraticYeaYea
Ohio 4 Jim Jordan RepublicanNayNay
Ohio 5 Bob Latta RepublicanNayNay
Ohio 6 Bill Johnson RepublicanNayNay
Ohio 7 Bob Gibbs RepublicanNayNay
Ohio 8 Warren Davidson RepublicanNayNay
Ohio 9 Marcy Kaptur DemocraticYeaYea
Ohio 10 Mike Turner RepublicanNayNay
Ohio 11 Marcia Fudge DemocraticYeaYea
Ohio 12 Troy Balderson RepublicanNayNay
Ohio 13 Tim Ryan DemocraticYeaYea
Ohio 14 David Joyce RepublicanNayNay
Ohio 15 Steve Stivers RepublicanNayNay
Ohio 16 Anthony Gonzalez RepublicanNayNay
Oklahoma 1 Kevin Hern RepublicanNayNay
Oklahoma 2 Markwayne Mullin RepublicanNayNay
Oklahoma 3 Frank Lucas RepublicanNayNay
Oklahoma 4 Tom Cole RepublicanNayNay
Oklahoma 5 Kendra Horn DemocraticYeaYea
Oregon 1 Suzanne Bonamici DemocraticYeaYea
Oregon 2 Greg Walden RepublicanNayNay
Oregon 3 Earl Blumenauer DemocraticYeaYea
Oregon 4 Peter DeFazio DemocraticYeaYea
Oregon 5 Kurt Schrader DemocraticYeaYea
Pennsylvania 1 Brian Fitzpatrick RepublicanNayNay
Pennsylvania 2 Brendan Boyle DemocraticYeaYea
Pennsylvania 3 Dwight Evans DemocraticYeaYea
Pennsylvania 4 Madeleine Dean DemocraticYeaYea
Pennsylvania 5 Mary Gay Scanlon DemocraticYeaYea
Pennsylvania 6 Chrissy Houlahan DemocraticYeaYea
Pennsylvania 7 Susan Wild DemocraticYeaYea
Pennsylvania 8 Matt Cartwright DemocraticYeaYea
Pennsylvania 9 Dan Meuser RepublicanNayNay
Pennsylvania 10 Scott Perry RepublicanNayNay
Pennsylvania 11 Lloyd Smucker RepublicanNayNay
Pennsylvania 12 Fred Keller RepublicanNayNay
Pennsylvania 13 John Joyce RepublicanNayNay
Pennsylvania 14 Guy Reschenthaler RepublicanNayNay
Pennsylvania 15 Glenn Thompson RepublicanNayNay
Pennsylvania 16 Mike Kelly RepublicanNayNay
Pennsylvania 17 Conor Lamb DemocraticYeaYea
Pennsylvania 18 Mike Doyle DemocraticYeaYea
Rhode Island 1 David Cicilline DemocraticYeaYea
Rhode Island 2 James Langevin DemocraticYeaYea
South Carolina 1 Joe Cunningham DemocraticYeaYea
South Carolina 2 Joe Wilson RepublicanNayNay
South Carolina 3 Jeff Duncan RepublicanNayNay
South Carolina 4 William Timmons RepublicanNayNay
South Carolina 5 Ralph Norman RepublicanNayNay
South Carolina 6 Jim Clyburn DemocraticYeaYea
South Carolina 7 Tom Rice RepublicanNayNay
South Dakota at-large Dusty Johnson RepublicanNayNay
Tennessee 1 Phil Roe RepublicanNayNay
Tennessee 2 Tim Burchett RepublicanNayNay
Tennessee 3 Chuck Fleischmann RepublicanNayNay
Tennessee 4 Scott DesJarlais RepublicanNayNay
Tennessee 5 Jim Cooper DemocraticYeaYea
Tennessee 6 John Rose RepublicanNayNay
Tennessee 7 Mark E. Green RepublicanNayNay
Tennessee 8 David Kustoff RepublicanNayNay
Tennessee 9 Steve Cohen DemocraticYeaYea
Texas 1 Louie Gohmert RepublicanNayNay
Texas 2 Dan Crenshaw RepublicanNayNay
Texas 3 Van Taylor RepublicanNayNay
Texas 4 John Ratcliffe RepublicanNayNay
Texas 5 Lance Gooden RepublicanNayNay
Texas 6 Ron Wright RepublicanNayNay
Texas 7 Lizzie Pannill Fletcher DemocraticYeaYea
Texas 8 Kevin Brady RepublicanNayNay
Texas 9 Al Green DemocraticYeaYea
Texas 10 Michael McCaul RepublicanNayNay
Texas 11 Mike Conaway RepublicanNayNay
Texas 12 Kay Granger RepublicanNayNay
Texas 13 Mac Thornberry RepublicanNayNay
Texas 14 Randy Weber RepublicanNayNay
Texas 15 Vicente Gonzalez DemocraticYeaYea
Texas 16 Veronica Escobar DemocraticYeaYea
Texas 17 Bill Flores RepublicanNayNay
Texas 18 Sheila Jackson Lee DemocraticYeaYea
Texas 19 Jodey Arrington RepublicanNayNay
Texas 20 Joaquin Castro DemocraticYeaYea
Texas 21 Chip Roy RepublicanNayNay
Texas 22 Pete Olson RepublicanNayNay
Texas 23 Will Hurd RepublicanNayNay
Texas 24 Kenny Marchant RepublicanNayNay
Texas 25 Roger Williams RepublicanNayNay
Texas 26 Michael C. Burgess RepublicanNayNay
Texas 27 Michael Cloud RepublicanNayNay
Texas 28 Henry Cuellar DemocraticYeaYea
Texas 29 Sylvia Garcia DemocraticYeaYea
Texas 30 Eddie Bernice Johnson DemocraticYeaYea
Texas 31 John Carter RepublicanNayNay
Texas 32 Colin Allred DemocraticYeaYea
Texas 33 Marc Veasey DemocraticYeaYea
Texas 34 Filemon Vela Jr. DemocraticYeaYea
Texas 35 Lloyd Doggett DemocraticYeaYea
Texas 36 Brian Babin RepublicanNayNay
Utah 1 Rob Bishop RepublicanNayNay
Utah 2 Chris Stewart RepublicanNayNay
Utah 3 John Curtis RepublicanNayNay
Utah 4 Ben McAdams DemocraticYeaYea
Vermont at-large Peter Welch DemocraticYeaYea
Virginia 1 Rob Wittman RepublicanNayNay
Virginia 2 Elaine Luria DemocraticYeaYea
Virginia 3 Bobby Scott DemocraticYeaYea
Virginia 4 Donald McEachin DemocraticYeaYea
Virginia 5 Denver Riggleman RepublicanNayNay
Virginia 6 Ben Cline RepublicanNayNay
Virginia 7 Abigail Spanberger DemocraticYeaYea
Virginia 8 Don Beyer DemocraticYeaYea
Virginia 9 Morgan Griffith RepublicanNayNay
Virginia 10 Jennifer Wexton DemocraticYeaYea
Virginia 11 Gerry Connolly DemocraticYeaYea
Washington 1 Suzan DelBene DemocraticYeaYea
Washington 2 Rick Larsen DemocraticYeaYea
Washington 3 Jaime Herrera Beutler RepublicanNayNay
Washington 4 Dan Newhouse RepublicanNayNay
Washington 5 Cathy McMorris Rodgers RepublicanNayNay
Washington 6 Derek Kilmer DemocraticYeaYea
Washington 7 Pramila Jayapal DemocraticYeaYea
Washington 8 Kim Schrier DemocraticYeaYea
Washington 9 Adam Smith DemocraticYeaYea
Washington 10 Denny Heck DemocraticYeaYea
West Virginia 1 David McKinley RepublicanNayNay
West Virginia 2 Alex Mooney RepublicanNayNay
West Virginia 3 Carol Miller RepublicanNayNay
Wisconsin 1 Bryan Steil RepublicanNayNay
Wisconsin 2 Mark Pocan DemocraticYeaYea
Wisconsin 3 Ron Kind DemocraticYeaYea
Wisconsin 4 Gwen Moore DemocraticYeaYea
Wisconsin 5 Jim Sensenbrenner RepublicanNayNay
Wisconsin 6 Glenn Grothman RepublicanNayNay
Wisconsin 8 Mike Gallagher RepublicanNayNay
Wyoming at-large Liz Cheney RepublicanNayNay

Immediate response

A day after Trump's impeachment, the evangelical magazine Christianity 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, conservative Bill 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 professor Noah 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 his holiday 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]

Attorney George 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

Prior to the House impeachment vote, Senate Majority Leader Mitch McConnell and Senate Judiciary Committee chairman Lindsey Graham expressed their intentions not to be impartial jurors, 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 Leader Charles Schumer wrote a letter to McConnell calling for Mick Mulvaney, Robert Blair, [lower-alpha 9] John Bolton, [lower-alpha 10] 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] [lower-alpha 11] [lower-alpha 12] 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] [lower-alpha 13] At least four Republican senators needed to vote with Democrats for witnesses to be called. [143] [lower-alpha 12] 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 told Laura Ingraham of Fox News that he would likely invoke executive 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] [lower-alpha 11] 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 Senator Josh 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 Nancy Pelosi signs the articles of the first impeachment of Donald Trump 63.png
Nancy Pelosi engrossing the articles of impeachment on January 15, 2020

On January 14, 2020, Pelosi announced the House 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) [lower-alpha 14] [163] 22819309
ResultAdopted [lower-alpha 8]

Trial

Preparation

While the impeachment inquiry was underway, Senate Majority Leader Mitch 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 Affairs Eric 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 told Sean Hannity of Fox 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 senators Lisa Murkowski and Susan Collins criticized McConnell's comments regarding coordinating with the White House. [169] Collins was also critical of Democratic senator Elizabeth Warren for prejudging the trial. [170]

Officers

The U.S. Constitution stipulates that the Chief Justice of the United States presides over impeachment proceedings when the President is tried. [171] [172] [lower-alpha 15] The current chief justice was John Roberts, who was appointed by President George W. Bush in 2005. The House managers, acting as prosecutors for the case, were several Democratic representatives, consisting of Adam Schiff as lead manager, Jerry Nadler, Zoe Lofgren, Hakeem Jeffries, Val Demings, Jason Crow, and Sylvia Garcia. [160] [161] Trump named a defense team led by White House Counsel Pat Cipollone and his private attorney Jay Sekulow, who previously represented Trump in the Russia investigation. They were joined by celebrity law professor Alan Dershowitz, former Independent Counsel Kenneth Starr, former Deputy Independent Counsel Robert Ray, former Florida Attorney General Pam Bondi, and former Federal Prosecutor Jane Raskin. [174]

Process and schedule

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 a Freedom of Information Act lawsuit, released new evidence including a string of heavily redacted emails revealing details about how the Office of Management and Budget froze aid to Ukraine. [182] [183] [184] [lower-alpha 16]

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] [lower-alpha 17] Professor Alan Dershowitz argued that while a president can be impeached for committing a criminal act, irrespective of motive, the idea of a quid 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 Advisor John Bolton, [lower-alpha 18] 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 and Susan Collins) voted for witnesses. [192]

Acquittal

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.[ citation needed ]

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 [lower-alpha 19] Not guilty [lower-alpha 19]

Public opinion

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] A USA 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] A CNN poll conducted from December 12 to 15 also found 45% supported impeachment and removal, compared to 47% who opposed the idea. [200] A Gallup 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] An NBC / 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]

Polling of Americans on the impeachment and removal from office of Trump
Poll sourceDate(s) conductedSample size Margin of error Support [lower-alpha 20] Oppose [lower-alpha 20] Undecided
Yahoo! News / YouGov [204] [205] December 4–6, 20191500± 2.8%47%39%14%
Monmouth University [206] December 4–8, 2019903± 3.3%45%50%5%
Fox News [207] December 8–11, 20191000 RV± 3%50%41%5%
NPR / PBS NewsHour / Marist [208] [209] December 9–11, 20191744± 3.5%46%49%5%
USA Today / Suffolk [199] [210] December 10–14, 20191000 RV± 3%45.2%50.5%4.3%
Quinnipiac University [211] 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 [212] [213] December 19–20, 20191387 RV± 3.0%51%42%6%
The Economist / YouGov [214] [215] 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

Donald Trump holds up a copy of The Washington Post reporting his acquittal during remarks on February 6, 2020, in the East Room of the White House President Trump Delivers Remarks (49498772251).jpg
Donald Trump holds up a copy of The 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. [216] [217] 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. [216] 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". [217] 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". [216]

In April 2020, Trump fired Inspector General of the Intelligence Community Michael K. Atkinson. [218] [219] 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". [220] 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". [221]

Biden would be elected President of the United States that November. The subsequent storming of the U.S. Capitol would lead to Trump's unprecedented second impeachment.

See also

Notes

  1. The aid was intended to help Ukraine in its war 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. 1 2 Agreement based on a simple majority. Of the 41 members, Ted Lieu, who represented California'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 the 116th Congress's first session, four were vacant: Maryland's 7th, New York's 27th, Wisconsin's 7th, and California's 25th. Three members were not present for the vote: Duncan D. Hunter from California's 50th was banned from voting, José E. Serrano from New York's 15th was prevented from voting due to medical issues; and John Shimkus from Illinois'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. 1 2 3 Adoption based on a simple 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 former national 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. 1 2 Graham 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. 1 2 Senators Susan Collins and Mitt 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 the 100–0 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 the 116th Congress's first session, five were vacant: Maryland's 7th, New York's 27th, Wisconsin's 7th, California's 25th, and California's 50th. Nine members were not present for the vote, four Democrats and five Republicans: Lacy Clay from Missouri's 1st, Ann Kirkpatrick from Arizona's 2nd, Tulsi Gabbard from Hawaii's 2nd, John Lewis from Georgia's 5th, Kenny Marchant from Texas's 24th, Rick Crawford from Arkansas's 2nd, Debbie Lesko from Arizona's 8th, Tom McClintock from California's 4th, and Mike Simpson Idaho'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, the Justice 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 hurt Bernie Sanders' presidential campaign by forcing him to focus on the trial instead. [187]
  18. In his book The Room Where It Happened , published later that year, Bulton describes Trump's involvement in the freezing of aid to Ukraine. [190]
  19. 1 2 Guilt 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. 1 2 These polls are color-coded relative to the margin 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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