Federal impeachment trial in the United States

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Photograph of the Senate during the 1999 impeachment trial of Bill Clinton Senate in session.jpg
Photograph of the Senate during the 1999 impeachment trial of Bill Clinton

In the United States, a federal impeachment trial is held as the second stage of the United States federal government's bifurcated (two-stage) impeachment process. The preceding stage is the "impeachment" itself, held by a vote in the United States House of Representatives. [1] Federal impeachment trials are held in the United States Senate, with the senators acting as the jurors. At the end of a completed impeachment trial, the U.S. Senate delivers a verdict. A "guilty" verdict (requiring a two-thirds majority) has the effect of immediately removing an officeholder from office. After, and only after, a "guilty" verdict, the Senate has the option of additionally barring the official from ever holding federal office again, which can be done by a simple-majority vote.

Contents

Officers and other key figures in an impeachment trial

Presiding officer

Associate Supreme Court Justice Samuel Nelson administering an oath to Salmon P. Chase for Chase's service as presiding officer of the 1868 impeachment trial of Andrew Johnson Judge Nelson Administering the Oath to Chief Justice Chase, as Presiding Officer of the Court of Impeachment, in the Senate Chamber, Washington, D.C., on the 5th March (2).jpg
Associate Supreme Court Justice Samuel Nelson administering an oath to Salmon P. Chase for Chase's service as presiding officer of the 1868 impeachment trial of Andrew Johnson
Chief Justice William Rehnquist serving as presiding officer during the 1999 impeachment trial of President Bill Clinton William Rehnqiuist during Clinton impeachment trial February 12, 1999 (04).png
Chief Justice William Rehnquist serving as presiding officer during the 1999 impeachment trial of President Bill Clinton

In an impeachment trial of an incumbent president of the United States, the chief justice of the United States serves as the presiding officer. [2] This is per the Constitution, Article I, section 3, clause 6. This provision prevents the vice president of the United States, who is the president of the Senate and generally holds the authority to preside over Senate business, from overseeing an impeachment trial that would elevate him or her to the presidency if the president were removed. This was particularly important at the time of the Constitution's writing, as, before the reforms of the Twelfth Amendment to the United States Constitution, presidents and vice presidents were not elected together on tickets and could potentially be of rival political factions. [3] The Constitution does not specify who should serve as the presiding officer of impeachment trials of persons other than incumbent presidents. The presiding officer in such impeachments is usually the president of the Senate, meaning either the vice president of the United States or, in his or her absence, the president pro tempore of the United States Senate. [4] [3] In trials of officials who are not an incumbent president, the presiding officer, if not the vice president or president pro tempore, in practice is selected by a vote of the Senate. [5]

The presiding officer can rule on questions, such as those related to the admission of evidence. Their rulings stand as the Senate's judgment on those particular questions unless the Senate votes to overrule them. Alternatively, the presiding officer can forgo ruling on a question and directly submit it to a Senate vote. [4] [6] Senators who act as the presiding officer of an impeachment hearing are still permitted to vote in the trial. [4]

In the 1999 impeachment trial of President Bill Clinton, the second instance of a presidential impeachment, Chief Justice William Rehnquist was an intentionally passive presiding officer, once commenting on his stint as presiding officer, "I did nothing in particular, and I did it very well." [7]

Role of Senators

Chief Justice Salmon P. Chase, as presiding officer, administering the juror's oath to Senator Benjamin Wade for the 1868 impeachment trial of Andrew Johnson Chief Justice Chase, as President of the Court of Impeachment, Administering the Oath to Senator Wade, in the Senate Chamber, Washington, D.C., on the 6th March (2).jpg
Chief Justice Salmon P. Chase, as presiding officer, administering the juror's oath to Senator Benjamin Wade for the 1868 impeachment trial of Andrew Johnson

In impeachment trials, the senators are generally referred to as acting as jurors. However, the 1999 impeachment trial of President Bill Clinton, Senator Tom Harkin objected to the use of the term "jurors", and Chief Justice William Rehnquist agreed with Harkin's position over that of the House impeachment managers (prosecutors), declaring, "The chair is of the view that the senator from Iowa's objection is well taken, that the core - the Senate is not simply a jury. It is a court in this case. And therefore, counsel should refrain from referring to the senators as jurors." [8] [9] This indicated a belief that the senators collectively take on a role that is perhaps more akin to a judge than to a jury. [10]

Under Senate rules for impeachment trials, senators are able to call and subpoena witnesses for a trial. Senators are also able to submit written questions to witnesses [11] as well as the prosecution and the defense. [12]

If they desire, any senator may be excused from serving their role in an impeachment trial. [5]

Rule XI trial committees

A Rule XI trial committee is a committee of senators that the Senate may appoint to receive evidence and hear testimony by witnesses on behalf of the Senate, reporting back to the full Senate and providing the full senate with a certified transcript of the proceedings that they witnessed. [13] [14] The use of such a committee allows for the majority of Senators to be absent during the presentation of evidence and witness testimony heard by the committee. Without use of such a committee, all senators would have to be present at the presentation of all evidence and witness testimony. Rule XI committees have been utilized in for four impeachment trials: the 1986 impeachment trial of Judge Harry E. Claiborne, the 1989 impeachment trials of Judges Walter Nixon and Alcee Hastings, and the 2010 trial of Judge Thomas Porteous. [14]

Prosecution

House impeachment managers

House impeachment managers for the 2009 trial of Judge Samuel B. Kent stand together before transferring the articles of impeachment to the Senate. (Left to right: Bob Goodlatte, Adam Schiff, Jim Sensenbrenner, Zoe Lofgren) Housemanagers.jpg
House impeachment managers for the 2009 trial of Judge Samuel B. Kent stand together before transferring the articles of impeachment to the Senate. (Left to right: Bob Goodlatte, Adam Schiff, Jim Sensenbrenner, Zoe Lofgren)

The United States House of Representatives appoints impeachment managers, a committee of members of the House who, together, act as the prosecutors in the impeachment trial. [2]

While they are always approved by House vote, how the initial decision of who serves as a manager is arrived at has differed between impeachments. In some impeachments, the House managers have been chosen upon the recommendation of the Chairman of the House Committee on the Judiciary. [15] Another way that has been used is by having the whole house decide by balloting who should serve. [16] In some other impeachment, the speaker of the House has chosen the slate of impeachment managers that were thereafter approved by House vote. [17]

Outside legal counsel can also be hired to provide advice to the impeachment managers. This was the case, for instance, in both the first and second impeachment trials of Donald Trump. [18] [19]

Defense

Dale Bumpers acting as a private defense counsel to President Bill Clinton during the 1999 impeachment trial of Clinton Dale Bumpers during the Clinton impeachment trial on January 21, 1999 (03).png
Dale Bumpers acting as a private defense counsel to President Bill Clinton during the 1999 impeachment trial of Clinton

Impeached officeholder

An impeached officeholder may appear at their impeachment trial. They may also opt not to appear in-person and instead be represented entirely through counsel. [13]

Private counsel

In impeachment trials, an impeached officeholder can be represented by private counsel.

House defense team

In Donald Trump's first impeachment trial, in addition to private counsel, he had several House members belonging to his political party work on his defense. [20]

Rules

Proceedings during the 1905 impeachment trial of Charles Swayne Swayne-newspaper impeachment (trial).jpg
Proceedings during the 1905 impeachment trial of Charles Swayne

Constitutional

The Senate is granted the sole authority to try impeached individuals. [21] Impeachment and impeachment trials are provided for by section four of Article Two of the United States Constitution. Impeachment trials are further outlined in section three, clause six of Article One of the United States Constitution.

The Constitution requires that a two-thirds majority vote "guilty" in order for an individual to be convicted and removed from office. [6] There is no process provided to appeal an impeachment verdict. [2] The Constitution also specifies that, after a conviction, the Senate may vote to additionally bar an individual from again holding federal office. The majority needed for this second matter is not specified by the Constitution, and the Senate has, in practice, used a simple majority vote for this. [22] [23]

The Constitution does not elaborate on specifications on the workings of an impeachment trial. [6] Its only further specifications are that the chief justice of the United States presides over presidential impeachment trials, and that each senator must swear an oath. [21] Therefore, the remainder of the mechanics of impeachment trials are left to the determination of the Senate itself. [11]

Senate-adopted rules

Early Senate trials

Senate convened for the 2024 impeachment trial of Alejandro Mayorkas Impeachment trial of Alejandro Mayorkas (April 17, 2024) 17.png
Senate convened for the 2024 impeachment trial of Alejandro Mayorkas

The first two impeachment trials in United States history (those of William Blount and John Pickering) had each had their own individual set of rules. The nineteen rules established for the trial of Samuel Chase appear also to have been used for the later trials of James H. Peck and West Hughes Humphreys. [24]

Rules in use since 1868

The exact language of the rules used for previous trials could not be utilized for 1868 impeachment trial of President Andrew Johnson because those rules used wording specific to a trial being presided over by an officer of the Senate (as had been the case for all previous impeachment trials), while the Constitution stipulated that impeachments trials for incumbent presidents are to be presided over by the chief justice of the United States. [25] Because of this, a select committee of senators was tasked with developing rules to be used in the impeachment trial of Johnson. The select committee decided that they would create permanent rules that would be used for any future impeachments, declaring it to be, "proper to report general rules for the trial of all impeachments". [24] Indeed, since 1868, impeachment trials in the U.S. Senate have been governed by the rules created for the impeachment trial of Andrew Johnson, known as the "Rules of Procedure and Practice in the Senate when Sitting on Impeachment Trials". [24] [13] Very few changes have been made to these rules since 1868. [24] [26] The rules were not altered until after the 1935 impeachment trial of Harold Louderback, when a single rule change was made. In the 1970s, the Senate Committee on Rules and Administration explored the possibly of altering the rules in advance of an anticipated impeachment trial that might have resulted from the impeachment process against Richard Nixon, but after to Nixon resigned without being impeached and convicted, this was momentarily abandoned. The rule changes explored in the 1970s were not adopted until the Senate acted upon a further recommendation to adopt them in 1986. No further changes have been made since to the rules outlined for the Johnson trial. [24]

Among other things, the rules specify what oaths must be said and the order certain events are to occur in. However, many important matters are left unspecified by these rules. [6]

The Senate rules states that, as soon as impeachment managers are appointed, the Senate must "immediately" receive them. [6]

The impeached official may appear in person at their trial. They may, alternatively, opt not to appear in person at their trial, instead being represented solely through counsel. [13]

Rule XI
Impeached Judge Thomas Porteous (left) watches House impeachment manager Adam Schiff argue before a Rule XI trial committee in September 2010 Porteous and schiff.jpg
Impeached Judge Thomas Porteous (left) watches House impeachment manager Adam Schiff argue before a Rule XI trial committee in September 2010

Rule XI, allowing for the appointment of "Rule XI committees" was adopted by the Senate in 1934 as a simple resolution offered by Senator Henry F. Ashurst. [14] Rule XI states,

That in the trial of any impeachment the Presiding Officer of the Senate, if the Senate so orders, shall appoint a committee of senators to receive evidence and take testimony at such times and places as the committee may determine. [14]

This rule change was motivated by the 1933 impeachment trial of Judge Harold Louderback, which highlighted the difficulties that could be brought by requiring a plenary session of the senate for all aspects of a lengthy impeachment trial during a busy legislative period. [14]

The constitutionality of this rule change was called into question by some senators soon after its passage, motivating the Senate to opt against using a rule committee for the 1936 impeachment trial of Judge Halsted L. Ritter. Its constitutionality was tested by the Supreme Court of the United States in the 1993 Nixon v. United States case, arising from the 1989 impeachment trial of Walter Nixon, in which the Supreme Court upheld the United States Senate's authority to determine its own procedures, which includes its decision to opt for use of Rule XI trial committees. [14]

Other matters

Illustration of the Senate Chamber during the 1868 impeachment trial of Andrew Johnson The Senate as a Court of Impeachment for the Trial of Andrew Johnson (1).jpg
Illustration of the Senate Chamber during the 1868 impeachment trial of Andrew Johnson

There are no standard rules of evidence adopted by the Senate to be used for impeachment trials. Therefore, the presiding officer has authority to rule on evidentiary question. Alternatively, the presiding officer may put evidentiary questions to a vote by senators, or an individual senator may make a motion for the senators to hold such a vote. [13]

An impeachment trial can be adjourned sine die at any time by a simple majority vote, effectively ending a trial without completion. [6] This occurred in the 1868 impeachment trial of Andrew Johnson, with the Senate adjourning sine die without voting on all of the articles of impeachment. [27]

There is an argument that the Senate could hold a "summary trial", reaching their judgment without holding a full trial or hearing evidence. In 1986, the impeachment managers for the trial of Judge Harry E. Claiborne argued that this would be permissible. However, the impeachment managers for the 1999 impeachment trial of Bill Clinton argued that it would not be allowed. In 1999, Senator (and future president) Joe Biden published a memorandum laying out an argument that the Senate has the right to reach a judgment in this manner. [28] This precedent was cited in the Senate's decision to commence with the second impeachment trial of Donald Trump after he had already left office. [29]

In 2021, University of Alabama School of Law professor Ronald Krotoszynski wrote an article in Politico opining that it is possible for the Senate to end the argument phase of an impeachment trial early and move instead to closing arguments if it took a majority vote in favor of a motion to do so. He likened it to a motion for summary judgement in a civil court. [30]

The Senate has, by majority votes, multiple times judged that an individual impeached while in office can still be subjected to a trial, conviction, and the penalty of disqualification even after they leave office. [31] Both the Senate and the House have, in the past, judged themselves to be able to utilize their impeachment authorities on former officeholders. The principal precedent for both impeaching a former officeholder and for holding an impeachment trial of a former officeholder is the impeachment and impeachment trial of William W. Belknap, who had resigned as Secretary of War hours before he was impeached in 1876. [32] [33] Many scholars have argued that if impeachment could not apply to former officeholders, then the Senate's power to disqualify individuals from holding future federal office through an impeachment process would be greatly weakened, as there would be a loophole of resigning before this sentence is imposed by the Senate. [32]

Since the Constitution only gives the Senate the power to try an impeached individual, and does not require them to do so, it is possible for the Senate to forgo holding a trial of an impeached individual. [21] [34]

Since the Senate does not need to hold an impeachment trial after a House impeachment, it can also choose not to hold trials in instances where individuals resigned following impeachment. Of the twenty-one individuals to be impeached by the United States House of Representatives, only Mark W. Delahay did not face a trial, as the Senate decided not to hold a trial into him after he resigned his office following his impeachment by the House. [35] [36] [37] [38] A trial can also be dismissed without completion. This has been done before in instances when officeholders resigned partway into an impeachment trial against them. The House and the Senate have both each once moved to dismiss impeachment proceedings against officials that resigned partway in to impeachment trials. The Senate did this in 1926 by dismissing the proceedings against Judge George W. English. The House did this by passing a simple resolution in 2009 to end the proceedings against Judge Samuel B. Kent. [39]

The House is not required to immediately transfer the articles of impeachment to the Senate after passage, and can deliberately postpone their transfer if the House desires to, thus delaying the initiation of a trial. [6]

Additional rules are agreed to before an impeachment trial. This includes rules governing significant details of the trial itself, such as whether witnesses will be permitted. [40] This also includes guidelines governing the presence of news media within the Senate Chamber. The rules adopted regarding press coverage within the Senate chamber have differed between impeachment trials. [41] This also includes mundane details, such as what beverages may be consumed by senators in the Senate Chamber during the trial. By obscure convention, this has tended to be limited to water, sparkling water, and milk. [11] [42]

Proceedings of an impeachment trial under current conventions

Minimal guidance is provided by the Constitution as to events in trials and their order other than the stipulation for an oath to be taken by senators and the stipulation that a vote on whether to disqualify an official from holding federal office again may only be held after a successful vote to convict. Nevertheless, impeachment trials have taken a standard form with several stages. Some of this structure arises directly from the rules that have been utilized for United States federal impeachment trials since the 1868 impeachment trial of Andrew Johnson, while others arise from informal convention.

Initial actions by the House and Senate

The Senate hears Congressmen John Bingham and Thaddeus Stevens inform them of the impeachment of Andrew Johnson Formal notice of the impeachment of Andrew Johnson, by the House Committee, Thaddeus Stevens and John A. Bingham, at the bar of the Senate, Washington, D.C., on the 25th Feb. LCCN2002697737 (1).jpg
The Senate hears Congressmen John Bingham and Thaddeus Stevens inform them of the impeachment of Andrew Johnson
Secretary of the Senate Julie E. Adams (left) and Senator Patrick Leahy signing the summons for the second impeachment trial of Donald Trump Patrick Leahy signs summons for the impeachment trial of Donald Trump 02.jpg
Secretary of the Senate Julie E. Adams (left) and Senator Patrick Leahy signing the summons for the second impeachment trial of Donald Trump

After an impeachment is adopted in the House, the House appoints the impeachment managers.

After the House has impeached an official, they also send the Senate notification of this action. The Senate, after receiving this notification, then adopts an order informing the House that it is prepared to receive the impeachment managers. Next, the impeachment managers appear before the bar of the Senate and exhibit the articles of impeachment, transferring the articles to the Senate. After this, the managers return to the House and make a verbal report there. [13]

Ceremonial start and continued steps

Senator Chuck Grassley (left) administers the oath to Chief Justice John Roberts to serve as presiding officer of the first impeachment trial of Donald Trump Senator Chuck Grassley administers the oath of office to Chief Justice John Roberts.jpg
Senator Chuck Grassley (left) administers the oath to Chief Justice John Roberts to serve as presiding officer of the first impeachment trial of Donald Trump

A federal impeachment trial ceremonial starts with the House impeachment managers presenting to the Senate the articles of impeachment which the official will be tried on by reading them. After this, the presiding officer takes their oath for the trial, and then proceeds to provide the juror's oath to the senators. [12] The Senate will issue a writ of summons to the impeached official. [13] They will also request that a written answer be filed. [24]

After the oaths are sworn and summons are issued, details for the trial proceedings may be hammered out and procedural work might be undertaken for several days. Senators may set additional rules specific to the trial itself. Documentation provided by both the defense and prosecution are also distributed to senators. Before the argument stage beings, the Senate might hold a vote to formally approve of rules to be used for the trial. [12]

Pleading stage

In the pleading stage, on the date specified by the Senate in the writ of summons, the impeached official is to appear either in person to plead or be represented by counsel that will provide a plea on their behalf. The impeached official and their counsel may also demur, arguing that the impeached official is not a civil official that can be subject to an impeachment, or argue that there are not sufficient grounds for impeachment in the articles brought against them. The impeached official may answer the articles brought against them. [13] The House impeachment managers are also permitted to provide a response to such an answer. [24] After the pleading stage, a date will be set for the formal trial to begin. [13]

Argument stage

Benjamin Butler delivering the House managers' opening arguments during the 1868 impeachment trial of Andrew Johnson Gen. Benjamin F. Butler, Delivering the Opening Speech, As One of the Managers of Impeachment, At the Impeachment Trial, In the Senate Chamber, Washington, D.C. (1).png
Benjamin Butler delivering the House managers' opening arguments during the 1868 impeachment trial of Andrew Johnson

The formal trial begins with an argument stage. Senators are prohibited from speaking during the argument stage. [12] To start the argument stage, opening statements are presented by both the prosecution and the defense, with the prosecution (represented by the House managers) delivering their opening argument first. [13] [12] After opening statements, each side presents their full case. There are not specified rules as to which side is supposed to present their full case first. [12] Evidence may be presented and witnesses might be examined and cross-examined, [13] with the Senate deciding on whether to allow this. [21]

A question for the House managers of the first impeachment trial of Donald Trump prepared by Senator Chris Murphy Chris Murphy's question to House Managers.jpg
A question for the House managers of the first impeachment trial of Donald Trump prepared by Senator Chris Murphy

After arguments are first presented, senators have an opportunity to present written questions to the representation of the two parties to the trial (the prosecution and the defense). Senators are prohibited from speaking during the questioning stage, so their questions are given to the presiding officer who reads aloud the question to the parties on the senators' behalf. [12]

After the questioning stage, further evidence might be brought in and witnesses might be brought in to provide testimony. The Senate may, alternatively, vote to end this part of the trial without allowing for this. [12]

Closing arguments

Closing arguments are presented by both the prosecution and the defense. [12] The House managers, representing the prosecution, will both open and close the final argument stage. [13]

After the closing arguments, the Senate might opt to vote for senators to hold closed-door deliberations in which they will debate among themselves. [12]

Verdict

Illustration of the Senate recording the vote of Edmund G. Ross on the tenth article of impeachment during the 1868 impeachment trial of Andrew Johnson Vote on the Impeachment of President Johnson, 1868 (1).jpg
Illustration of the Senate recording the vote of Edmund G. Ross on the tenth article of impeachment during the 1868 impeachment trial of Andrew Johnson

The verdict ("judgment of the Senate") is delivered in open session. [13] It is possible that, before the Senate would proceed to vote on whether to convict, a senator might motion to introduce a resolution to censure the official. The reason for presenting such a resolution would be to provide an alternative means for the Senate to express dismay about wrongdoings without convicting and removing an official from office. [12]

When the Senate then votes on the verdict, they first vote on whether to convict. Conviction requires a two-thirds majority. [13] [12] Regardless of the number of articles of impeachment that are being tried, conviction on a single article triggers a removal from office for an incumbent officeholder. [13] If a conviction occurs, the Senate then has the option of holding an additional vote as to whether to ban the official from holding federal office again, which only requires a simple majority. A vote to ban, however, cannot be held unless a conviction has first passed the two-thirds majority threshold. [13] [12]

The Senate does not always vote on each article of impeachment. For example: in the 1868 impeachment trial of Andrew Johnson, the Senate voted on only three of the eleven articles of impeachment before adjourning sine die. [27]

Closing procedures

A trial ends with procedural motions. After the close of the trial, senators are given an opportunity to deliver speeches. [12]

Media coverage

Senator Ted Kennedy speaking to reporters outside of the Senate Chamber at the time of the 1999 impeachment trial of Bill Clinton Senator Ted Kennedy being interviewed by reporters in the corridors of the U.S. Capitol during the Senate impeachment trial of President Bill Clinton Master-pnp-ppmsca-38800-38876u.tif
Senator Ted Kennedy speaking to reporters outside of the Senate Chamber at the time of the 1999 impeachment trial of Bill Clinton

The Trial Rule XI committee hearings and subsequent trial of Judge Harry E. Claiborne were televised in 1986. [43] [44] This was the first impeachment trial held after television became a broadly adopted medium.

Presidential impeachments have generated significant press coverage. [2] [45] Political bias of some news outlets have been observed to shape their coverage of presidential impeachments, which have been often seen as highly partisan affairs. [46]

The Senate sets guidelines for press coverage within the Senate Chamber during impeachment trials. [41]

List of trials

Roughly half of impeachment trials held in the United States Senate have resulted in a verdict of conviction, thereby removing the impeached official. [45]

List of United States federal impeachment trials [5] [21] [36] [39]
Impeached individualOfficePrimary allegation(s) of articlesDate of impeachment in House of impeachmentDates of trial in SenateDays expired
between
first and last
day of trial
proceedings
ResultPresiding officerHouse impeachment managers
William Blount Senator Conspiring to assist Great Britain seize Spanish-controlled Louisiana July 7, 1797December 17, 1798–January 11, 179926 daysDismissed when Senate decided it lacked jurisdiction, either because Blount had already been expelled from the Senate on July 8, 1797 or because he had never been "a civil officer of the United States within the meaning of the Constitution" [47] President Pro Tempore of the Senate John Laurance [48]
John Pickering JudgeLoose morals, Intoxication on the bench and unlawful handling of property claimsMarch 3, 1803January 4–March 12, 180469 daysGuilty
Samuel Chase Associate justice of the
U.S. Supreme Court
Arbitrary and oppressive conduct of trials March 12, 1804 December 7, 1804–March 1, 1805 114 daysAcquittedVice President Aaron Burr [49]
James H. Peck Judge Abuse of contempt powerApril 24, 1830April 26, 1830–January 31, 1831281 daysAcquittedVice President John C. Calhoun [50]
West Hughes Humphreys JudgeRefusing to hold court and waging war against the U.S. government by holding Confederate office and supporting Southern secession May 6, 1862May 22–April 26, 186236 daysGuiltyVice President Hannibal Hamlin [51]
Andrew Johnson PresidentViolating the Tenure of Office Act by acting to remove Edwin Stanton from the office of secretary of war and other alleged high crimes and misdemeanors February 24, 1868 March 5, 1868–May 26, 1868 [52] 83 daysAcquitted on 3 of 11 articles of impeachment; trial thereafter adjourned sine die Chief Justice Salmon P. Chase [53]
William W. Belknap Former Secretary of War Criminal disregard for office and acceptance of bribes in exchange for making official appointmentsMarch 2, 1876March 3–August 1, 1876152 daysAcquittedPresident Pro Tempore of the Senate Thomas W. Ferry [54] [55]
Charles Swayne JudgeAbuse of contempt power and other misuses of officeDecember 13, 1904December 14, 1904–February 26, 190574 daysAcquittedSenator Orville H. Platt [56] [57]
Robert W. Archbald JudgeImproper business relationships with litigants and acceptance of giftsJuly 11, 1912July 13, 1912–January 13, 1913183 daysGuilty
George W. English JudgeAbuse of powerApril 1, 1926April 23–December 13, 1926235 daysTrial ended without rendering a verdict; Senate ended proceedings without completing them after English had resigned from office
Harold Louderback JudgeFavoritism in the appointment of bankruptcy receivers February 24, 1933March 9–May 24, 193377 daysAcquitted
Halsted L. Ritter JudgeFavoritism in the appointment of bankruptcy receivers and practicing law while servings as a sitting judgeMarch 2, 1936March 10–April 17, 193639 daysGuilty
Harry E. Claiborne Judge Income tax evasion and remaining on the bench following a criminal convictionJuly 22, 1986August 6, 1986–October 9, 198665 daysGuiltyVice President George H. W. Bush [58]
Alcee Hastings Judge Perjury and conspiring to solicit a bribeAugust 3, 1988August 9, 1988–October 20, 1989437 daysGuiltySenator Robert Byrd [59]
Walter Nixon JudgePerjury before a federal grand jury May 10, 1989May 11–November 3, 1989176 daysGuiltySenator Robert Byrd [60]
Bill Clinton PresidentPerjury before a federal grand jury and obstruction of justice December 19, 1998 January 7–February 12, 1999 37 daysAcquittedChief Justice William Rehnquist [9]
Samuel B. Kent Judge Sexual assault, obstructing and impeding an official preceding, and making false and misleading statementsJune 19, 2009June 24–July 22, 200929 daysTrial ended before verdict, House adopted a simple resolution to end proceedings without completing them after Kent resigned from office
Thomas Porteous JudgeAcceptance of bribes and perjuryMarch 11, 2010March 17–December 8, 2010266 daysGuiltyPresident Pro Tempore of the Senate Daniel Inouye [61]
Donald Trump PresidentAbuse of power and obstruction of Congress December 18, 2019 January 16, 2020–February 5, 2020 21 daysAcquittedChief Justice John Roberts [7]
Donald Trump Former President Incitement of insurrection January 13, 2021 January 26, 2021–February 13, 2021 19 daysAcquittedPresident Pro Tempore of the Senate Patrick Leahy [4]
Alejandro Mayorkas Secretary of Homeland Security Failure to comply with Federal immigration laws and breaching the public trust February 13, 2024 April 17, 2024 1 dayBoth articles of impeachment were deemed by a vote of the Senate to be unconstitutional; Senate immediately thereafter voted to adjourn, ending the proceedingsPresident Pro Tempore of the Senate Patty Murray

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The presiding officer of the United States Senate is the person who presides over the United States Senate and is charged with maintaining order and decorum, recognizing members to speak, and interpreting the Senate's rules, practices, and precedents. Senate presiding officer is a role, not an actual office. The actual role is usually performed by one of three officials: the vice president of the United States; an elected United States senator; or, under certain circumstances, the chief justice of the United States. Outside the constitutionally mandated roles, the actual appointment of a person to do the job of presiding over the Senate as a body is governed by Rule I of the Standing Rules.

<span class="mw-page-title-main">Impeachment of Andrew Johnson</span> 1868 impeachment of Andrew Johnson, 17th US president

The impeachment of Andrew Johnson was initiated on February 24, 1868, when the United States House of Representatives passed a resolution to impeach Andrew Johnson, the 17th president of the United States, for "high crimes and misdemeanors". The alleged high crimes and misdemeanors were afterwards specified in eleven articles of impeachment adopted by the House on March 2 and 3, 1868. The primary charge against Johnson was that he had violated the Tenure of Office Act. Specifically, that he had acted to remove from office Edwin Stanton and to replace him with Brevet Major General Lorenzo Thomas as secretary of war ad interim. The Tenure of Office Act had been passed by Congress in March 1867 over Johnson's veto with the primary intent of protecting Stanton from being fired without the Senate's consent. Stanton often sided with the Radical Republican faction and did not have a good relationship with Johnson.

<span class="mw-page-title-main">United States Senate</span> Upper house of the U.S. Congress

The United States Senate is the upper chamber of the United States Congress. The Senate and the United States House of Representatives comprise the federal bicameral legislature of the United States. Together, the Senate and the House have the authority under Article One of the U.S. Constitution to pass or defeat federal legislation. The Senate has exclusive power to confirm U.S. presidential appointments to high offices, approve or reject treaties, and try cases of impeachment brought by the House. The Senate and the House provide a check and balance on the powers of the executive and judicial branches of government.

<span class="mw-page-title-main">Impeachment trial of Andrew Johnson</span> 1868 U.S. Senate trial

The impeachment trial of Andrew Johnson, 17th president of the United States, was held in the United States Senate and concluded with acquittal on three of eleven charges before adjourning sine die without a verdict on the remaining charges. It was the first impeachment trial of a U.S. president and was the sixth federal impeachment trial in U.S. history. The trial began March 5, 1868, and adjourned on May 26.

<span class="mw-page-title-main">Impeachment trial of Bill Clinton</span> 1998 trial in the United States Senate

The impeachment trial of Bill Clinton, the 42nd president of the United States, began in the U.S. Senate on January 7, 1999, and concluded with his acquittal on February 12. After an inquiry between October and December 1998, President Clinton was impeached by the U.S. House of Representatives on December 19, 1998; the articles of impeachment charged him with perjury and obstruction of justice. It was the second impeachment trial of a U.S. president, preceded by that of Andrew Johnson.

<span class="mw-page-title-main">First impeachment of Donald Trump</span> 2019 US presidential impeachment

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.

<span class="mw-page-title-main">First impeachment trial of Donald Trump</span> 2020 trial in the US Senate

The first impeachment trial of Donald Trump, the 45th president of the United States, began in the U.S. Senate on January 16, 2020, and concluded with his acquittal on February 5. After an inquiry between September and November 2019, President Trump was impeached by the U.S. House of Representatives on December 18, 2019; the articles of impeachment charged him with abuse of power and obstruction of Congress. It was the third impeachment trial of a U.S. president, preceded by those of Andrew Johnson and of Bill Clinton.

<span class="mw-page-title-main">Second impeachment of Donald Trump</span> 2021 US presidential impeachment

Donald Trump, the 45th president of the United States, was impeached for the second time on January 13, 2021, one week before his term expired. It was the fourth impeachment of a U.S. president, and the second for Trump after his first impeachment in December 2019.

<span class="mw-page-title-main">Second impeachment trial of Donald Trump</span> 2021 trial in the US Senate

The second impeachment trial of Donald Trump, the 45th president of the United States, began on February 9, 2021, and concluded with his acquittal on February 13. Donald Trump had been impeached for the second time by the House of Representatives on January 13, 2021. The House adopted one article of impeachment against Trump: incitement of insurrection. He is the only U.S. president and only federal official to be impeached twice. He was impeached by the House seven days prior to the expiration of his term and the inauguration of Joe Biden. Because he left office before the trial, this was the first impeachment trial of a former president. The article of impeachment addressed Trump's attempts to overturn the 2020 presidential election results and stated that Trump incited the attack on the Capitol in Washington, D.C., while Congress was convened to count the electoral votes and certify the victory of Joe Biden and Kamala Harris.

An article of impeachment is a documented statement which specifies the charges to be tried in an impeachment trial as a basis for removing an officeholder. Articles of impeachment are an aspect of impeachment processes of many governments that utilize a bifurcated (two-part) impeachment process that sees a vote to "impeach" followed by an impeachment trial on whether to remove an officer.

Samuel Chase, an associate justice of the Supreme Court of the United States, was impeached by the United States House of Representatives on March 12, 1804 on eight articles of impeachment alleging misconduct. His impeachment trial before the United States Senate delivered an acquittal on March 1, 1805, with none of the eight articles receiving the two-thirds majority needed for a conviction.

<span class="mw-page-title-main">Timeline of the impeachment of Andrew Johnson</span>

Andrew Johnson became the first president of the United States to be impeached by the United States House of Representatives on February 24, 1868 after he acted to dismiss Edwin Stanton as secretary of war in disregard for the Tenure of Office Act.

<span class="mw-page-title-main">Federal impeachment in the United States</span> Procedure of officially accusing a civil officer

In the United States, federal impeachment is the process by which the House of Representatives charges the president, vice president, or another civil federal officer for alleged misconduct. The House can impeach an individual with a simple majority of the present members or other criteria adopted by the House according to Article One, Section 2, Clause 5 of the U.S. Constitution.

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