National Geographic: How quickly can Congress impeach a president? Here’s how it could work.

By Erin Blakemore

    In the aftermath of the Capitol riot, lawmakers attempted to find a way to hold President Trump accountable. Democrats have suggested impeachment and even implied that they are drafting articles for impeachment. But why would Congress try to impeach a president with just weeks left in his term, and how would it work?

"Article II, Section 4 of the U.S. Constitution states that the president shall be removed from office after being impeached for treason, bribery, or 'other high Crimes and Misdemeanors.' That removal takes place in two distinct parts: impeachment, which is conducted by the House of Representatives, and a trial in the Senate. In order to remove a president from office, two-thirds of the senators must vote to convict."

    Those are the only requirements, but lawmakers have traditionally had a representative in the House propose impeachment, which results in an investigative committee. Then the House Judiciary Committee proposes articles of impeachment, which are voted on and can be passed by a simple majority. At that point, the president is impeached and goes to the Senate for trial. A supermajority of 2/3 is required for a conviction, and a simple majority after that can bar them from ever holding public office again.

"Impeachment trials are similar to a criminal trial, with a judge (the chief justice of the U.S. Supreme Court), a prosecution (members of the House appointed to manage the trial), a plaintiff (the impeached president and the president's legal counsel), and a jury (the Senate). After hearing evidence and deliberating in a private session, the Senate votes to acquit or convict."

    There have only been three impeachments in US history and no convictions. In 1868, Andrew Johnson was impeached by his own party after defying their method of Reconstruction in the South. He was acquitted in the Senate by just one vote. In 1998, President Clinton was impeached because of the sexual assault scandal with Monica Lewinsky and his lying about it thereafter but was acquitted by the Democrat-held Senate. Similarly, President Trump was impeached in early 2020 and acquitted in the Senate. In the 1970s, President Nixon was investigated after the Watergate scandal, but resigned before he could be impeached.

"A swift impeachment wouldn't be unprecedented—in Johnson’s case, Congress drew up an impeachment resolution three days after he dismissed his secretary of war, and took a mere week to adopt articles of impeachment and move the matter to trial. But usually the process is much more drawn out: Clinton's took 72 days, and Trump's 49."

    To succeed in removing him from office, the plan would require bipartisan support - which is highly unlikely. However, the Democrats will control the Senate after Joe Biden becomes President, and could initiate a trial in the Senate to bar Trump from public office.

"Pelosi threatened impeachment only if Pence does not act to remove the president using the 25th Amendment. Although the Amendment can only be invoked by the vice president and a majority of Cabinet members, Congress controls the impeachment process. In this case, it wouldn’t have to wait for Pence...to act. If a vice president and Cabinet were to remove a president under the 25th Amendment, that president would still be able to run for future office. If an impeachment trial resulted in a conviction, on the other hand, lawmakers could vote to bar a president from ever serving again."