House Again Votes to Impeach Trump

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January 13, 2021

Storming the CapitolDonald Trump is the first President ever to be impeached twice. The House of Representatives has voted 232–197 to impeach the President on a charge of "incitement of insurrection," with regard to remarks he made that resulted in a group of his supporters' storming the U.S. Capitol on January 6. The violence resulted in bloodshed and a handful of deaths. Lawmakers, at the time gathered to certify the results of the Electoral College vote affirming the presidential election victory of Joe Biden, huddled behind closed doors, fearing for their lives.

Of the 440 members of the House (six of which vote in special cases), 222 are Democrats, and 211 are Republicans. (Two seats are vacant.) The total of 232 votes to impeach Trump included 10 Republicans, or members of the President's political party.

It was the second time that the House of Representatives had voted to impeach Trump. The first time, in 2019, the President faced two articles of impeachment. In that vote, no Republicans voted with the majority. In the second phase of that impeachment process, the Senate voted not to convict the President. Trump is one of three Presidents who have been impeached. The other two are Andrew Johnson and Bill Clinton; neither was convicted.

Trump now faces a trial in the Senate, whose Majority Leader, Mitch McConnell, has said that that body would not go forward with a trial this week. The Senate reconvenes for official business on January 19, one day before their term expires. It is likely that the impeachment trial of Trump will continue after he leaves office. On January 20, along with the inauguration of Joe Biden as President, a new Congress convenes. As the result of the 2020 Congressional elections, the U.S. Senate is split 50–50 between Democrats and Republicans. Incoming Vice-president Kamala Harris will serve as President of the Senate and can break any tie votes; as such, the Democratic Party is, in effect, the majority party and so McConnell will no longer by Majority Leader. Those duties will then be performed by Democrat Charles Schumer. A total of 67 of the 100 members of the Senate would have to vote in favor of conviction for Trump to be found guilty. If he is already out of office, then the practical effect is negligible, except as a warning to future leaders. However, the Constitution also gives Congress the power to declare, as the result of a simple majority vote, that someone who has been impeached can no longer hold federal office.

A day earlier, the House had approved a resolution calling on Vice-president Mike Pence to invoke Section of the 25th Amendment, declaring Trump unfit for office, and then take over as Acting President. Such an action would also have to be approved by a majority of members of the Cabinet. Pence has publicly said that he would not take such an action.

Trump continued to deny any culpability in the storming of the Capitol and continued to insist that he had been robbed of a second presidential term.

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