IMPEACHMENT PRIMER An overview of the impeachment process and key events in the impeachment proceedings

January 26, 2021 Roadmap

Impeachment process

January 2021 impeachment proceedings

December 2019 impeachment proceedings The impeachment process has six steps

The House conducts the The Senate holds the trial investigation

Resolution is submitted The impeachment process begins in the House of Senate is notified 1 Representatives. A member must submit a resolution The House will adopt a resolution notifying the Senate of impeachment to the House Judiciary , 4 of its action. The Senate holds the sole power to try all which will then decide if an investigation is warranted. impeachments and is responsible for setting a trial date. Investigation The House Judiciary Committee typically leads the Senate holds trial 2 initial investigation to examine the charges. If the The full Senate may receive evidence, take testimony Judiciary Committee determines that grounds for 5 and determine questions in the trial. The Senate has impeachment exist by a vote, one or more not adopted standard rules of evidence to be used and articles of impeachment will be reported to the full any such questions can be put to a vote before the House. Senate. House Vote Upon receiving the articles of impeachment, the Senate holds vote House can consider the resolution as a whole or may At the conclusion of the trial, the Senate votes on each 3 vote on each article separately. A vote to impeach by 6 article of impeachment separately, with a two-thirds the House requires a simple majority of those present. majority needed to convict. If the respondent is The House may vote to impeach even if the House convicted on one or more articles, they will be Judiciary Committee does not recommend removed from office. impeachment. S O U R C E CRS 3 Roadmap

Impeachment process

January 2021 impeachment proceedings

December 2019 impeachment proceedings On Jan. 11, House Democrats filed an impeachment resolution charging President Trump with inciting an insurrection

25th Amendment process Impeachment process § VP and a majority of the cabinet tell Congress the president is § Simple majority vote in House to indict president for “treason, “unable to discharge the powers & duties of his office” bribery, or other high crimes & misdemeanors” § If the president appeals, 2/3 vote in both House and Senate § 2/3 vote in the Senate to convict president and remove from office removes president from office

HOUSE SENATE

100 435 Seats Seats

46 Democrats 51 Republicans 51 votes for 67 votes 222 Democrats 2 Independents** 218 Votes 290 Votes 211 Republicans simple for 2/3 1 Vacancy majority* majority* 0 Independents for simple for 2/3 2 Vacancies majority* majority* Vacancies: GA-Sr. Vacancies: LA-5, NY-22 After Senators-elect Jon Ossoff (D-GA) and Raphael Warnock (D-GA) are sworn in there will be 48 Democrats and 50 Republicans in the Senate

*If no vacancies and all members vote **The two independent senators (Sanders - VT and King - ME) caucus with the Democrats SOURCE House of Representatives Press Gallery, US Senate, Times, Ballotpedia, NPR, CNN. On Jan. 12, named nine impeachment managers

Jamie Raskin* Diana DeGette Joaquin Castro (MD-08) (CO-01) (RI-01) (TX-20) (CA-15)

Ted Lieu Stacey Plaskett (CA-33) (VI-AL) (PA-04) (CO-02)

*Lead impeachment manager

SOURCE Speaker.gov. On Jan. 13, 2021, the House voted 232-197 to impeach President Donald Trump for a second time

HOUSE ANALYSIS § The House approved a resolution to charge President Trump with “high crimes and misdemeanors” following the Jan. 6 riot at the Capitol

§ The impeachment vote followed Vice President Mike Pence’s rejection of a House resolution calling on him to invoke the 25th Amendment

§ One of the Republicans who voted to impeach Trump, Rep. (SC-07), previously voted to overturn election results

§ Four Republicans did not vote: Reps. (TX-12), (MD-01), Gregory Murphy (NC-03), and Daniel House votes Not Webster (FL-11) Yea Nay by party voting § The Senate trial won’t begin until Jan. 19 at the Republican 10 197 4 earliest

Democratic 222 0 0 § “I have not made a final decision on how I will Total 232 197 4 vote and I intend to listen to the legal arguments when they are presented to the Vacancies: LA-5, NY-22 Senate” – Senate Majority Leader Mitch The current threshold to impeach President Trump is 217 votes due to vacancies. McConnell (R-KY)

SOURCE CNN, New York Times, AP News. Ten Republican representatives voted to impeach President Trump

Jaime Herrera Beutler Anthony Gonzalez (WA-03) (NY-24) (WY-AL) (OH-16) (IL-16)

Fred Upton Tom Rice (MI-03) (WA-04) (SC-07) (MI-06) (CA-21)

SOURCE New York Times, NPR. On Jan. 25, House impeachment managers delivered the article of impeachment to the Senate

The trial will begin the Trial logistics Senate look-ahead week of February 8

Senate Majority Leader Chuck § Senator Patrick Leahy (D-VT), the Schumer (D-NY) agreed to a two-week president pro tempore of the There are three essential items on our delay of former President Trump’s Senate, will preside over the trial plate: the trial of President Trump impeachment trial. This agreement § Schumer and McConnell must still now that the House has impeached comes after Senate Minority Leader agree on the trial’s basic structure, him; bold, strong COVID relief; and Mitch McConnell (R-KY) also called including length of arguments, approving the president's Cabinet. for a delay to allow Trump time to plan motions to call witnesses, and a CHUCK SCHUMER (D-NY) his legal defense. possible motion to dismiss SENATE MAJORITY LEADER

Impeachment timeline

Jan. 25 Jan. 26 Feb. 2 Feb. 8 Feb. 9

§ Article of impeachment § Senators sworn in § Due date for Trump’s § Due date for Trump’s § Due date for House is delivered to the answer to article pretrial brief pretrial rebuttal brief § Summons issued to Senate Trump § Due date for House’s § Due date for House’s § At this point, the pretrial brief replication to answer trial can begin

SOURCE NBC, CBS, Politico, NPR, Reuters. Roadmap

Impeachment process

January 2021 impeachment proceedings

December 2019 impeachment proceedings On Dec. 10, 2019, Chairman Nadler of the House Judiciary Committee introduced two articles of impeachment

H.Res.755: Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors

Article I: Abuse of Power Article II: Obstruction of Congress

“Using the powers of his high office, President “Donald J. Trump has directed the unprecedented, Trump solicited the interference of a foreign categorical, and indiscriminate defiance of government, Ukraine, in the 2020 United States subpoenas issued by the House of Representatives” Presidential election”

Article I alleges that President Trump, “acting directly and Article II alleges that President Trump, “without lawful cause indirectly”: or excuse”: • Solicited Ukraine to publicly announce • Directed Executive Branch officials not to comply investigations into former VP Joe Biden and a with congressional subpoenas and to withhold the discredited theory regarding 2016 election interference for production of documents and records his personal political gain • Interposed the powers of the presidency against the • Conditioned the release of $391M in lawful subpoenas of the House congressionally-approved military aid and a • Assumed to himself the functions and judgments White House visit on the public announcement of the necessary to conduct impeachment proceedings, investigations which are solely vested in the House by the Constitution • Ultimately released the aid after his actions were publicly revealed and has persisted in the solicitation of the investigations

SOURCE Congress.gov. On Dec. 13, 2019, the House Judiciary Committee passed both articles of impeachment

Following fourteen hours of committee debate on the measure, the Judiciary Committee voted along party lines to send the resolution to the House (23-17) Democrats’ argument for impeachment

• President Trump abused the powers of the Presidency by ignoring and injuring national security and other national interests to obtain personal political benefit • He abused his office by enlisting foreign interference in democratic elections, compromising US democratic processes, and thereby has betrayed the nation • He has demonstrated that he will remain a threat to national security and the Constitution if allowed to remain in office • His actions are consistent with his previous invitations of foreign interference in US elections • He attempted to cover up his misconduct and seize control of the impeachment process, thereby obstructing Congress

Republicans’ argument against impeachment

• Democrats are pursuing impeachment not based on evidence but in an effort to undo the results of the 2016 election • President Zelensky himself stated there was no pressure on him to open an investigation, and the transcripts of the July 25 call show no conditionality • Though the Ukrainians did not open investigations, the aid was eventually still released and a meeting with President Trump did occur • The first charge—Abuse of Power—does not “cite any crime or facts on improver actions taken by President Trump” • The second charge—Obstruction of Congress—”ignores longstanding constitutional privileges exercised by the President”

SOURCE Congress.gov; Politico; Washington Post. On Dec. 18, 2019, the House voted to impeach President Donald Trump on both articles of impeachment

Article I: Abuse of Power Article II: Obstruction of Congress Vote: 230-197 Vote: 229-198

216 votes for 216 votes for majority majority (due to 4 vacancies) (due to 4 vacancies)

House votes Not House votes Not Yea Nay Present Yea Nay Present by party voting by party voting

Republican 0 195 2 0 Republican 0 195 2 0

Independent 1* 0 0 0 Independent 1* 0 0 0

Democratic 229 2** 1 1 Democratic 228 3** 1 1

Total 230 197 3 1 Total 229 198 3 1

*Rep. Justin Amash (MI-3) recently left the Republican Party and is not a part of the GOP caucus. **Rep. (D-NJ-2) announced prior to the vote that he would be joining the GOP, but voted as a registered Democrat. SOURCE New York Times, Ballotpedia. On Feb. 5, 2020, the Senate voted to acquit President Donald Trump of both impeachment charges

Article I: Abuse of Power Article II: Obstruction of Congress Vote: 48-52 Vote: 47-53

2/3 majority: 2/3 majority: 67 67

Article I votes Not Article II Not Guilty Guilty by party guilty votes by party guilty

Republican 1 52 Republican 0 53

Independent 2 0 Independent 2 0

Democratic 45 0 Democratic 45 0 Total 48 52 Total 47 53

SOURCE Politico.