Roll call votes relating to the impeachment of President Andrew Johnson on Articles II, III, and XI.

"The first Senate vote in the impeachment of President Andrew Johnson was taken on May 16, 1868. Article XI was called the "omnibus article" because it combined all of the charges against the President. As a result of 19 voting "Not Guilty" and 35 voting "Guilty," the Senate fell 1 vote short of the two-thirds majority required for removal. After a 10-day recess, the Senate reconvened and voted on Articles II and III. In each case, the result was identical: Johnson was not guilty by a single vote. The Senate then voted to end the trial..."
President Andrew Johnson Impeachment 

The Impeachment and Trial of a Former President

"For the second time in just over a year, the House of Representatives has voted to impeach President Donald J. Trump. The House previously voted to impeach President Trump on December 18, 2019, and the Senate voted to acquit the President on February 5, 2020. Because the timing of this second impeachment vote is so close to the end of the Trump Administration, it is possible that any resulting Senate trial may not occur until after President Trump leaves office on January 20, 2021. This possibility has prompted the question of whether the Senate can try a former President for conduct that occurred while he was in office.

The Constitution’s Impeachment Provisions

The Constitution grants Congress authority to impeach and remove the President, Vice President, and other federal “civil Officers” for treason, bribery, or “other high Crimes and Misdemeanors.” Impeachment is one of the various checks and balances created by the Constitution, and it serves as a powerful tool for holding government officers accountable.

The impeachment process entails two distinct proceedings carried out by the separate houses of Congress. First, a simple majority of the House impeaches—or formally approves allegations of wrongdoing amounting to an impeachable offense. The second proceeding is an impeachment trial in the Senate. If the Senate votes to convict with a two-thirds majority, the official is removed from office. The Senate also can disqualify an official upon conviction from holding a federal office in the future; according to Senatepractice, this vote follows the vote for conviction. The House has impeached twenty individuals: fifteen federal judges, one Senator, one Cabinet member, and three Presidents. Of these, eight individuals—all federal judges—were convicted by the Senate. President Trump is the first individual that the House has impeached twice. During the first impeachment process, the Senate voted to acquit him following a trial for charges of abuse of power and obstruction of Congress.

Impeachment of Officials After Leaving Office

The Constitution does not directly address whether Congress may impeach and try a former President for actions taken while in office. Though the text is open to debate, it appears that most scholars who have Congressional Research Service https://crsreports.congress.gov LSB10565 Congressional Research Service 2 closely examined the question have concluded that Congress has authority to extend the impeachment process to officials who are no longer in office. As an initial matter, a number of scholars have argued that the delegates at the Constitutional Convention appeared to accept that former officials may be impeached for conduct that occurred while in office. This understanding also tracks with certain state constitutions predating the Constitution, which allowed for impeachments of officials after they left office. It also accords with the British impeachment of Warren Hastings two years after his resignation as the governor general of Bengal. The impeachment occurred during the Convention debates and was noted expressly by the delegates without expressing disapproval of the timing. While the Framers were aware of the British and state practices of impeaching former officials, scholars have noted that they chose not to explicitly rule out impeachment after an official leaves office. But the Framers nonetheless made other highly specific decisions about the impeachment process that departed from the British practice, such as requiring a two-thirds majority in the Senate for a conviction when the British system allowed conviction on a majority vote..."
Former President impeachment 

CICILLINE, LIEU, RASKIN INTRODUCE ARTICLE OF IMPEACHMENT CHARGING TRUMP WITH INCITEMENT OF INSURRECTION

"U.S. Congressmen David N. Cicilline (RI-01), Ted Lieu (CA-33), and Jamie Raskin (MD-08) introduced an article of impeachment against President Donald Trump this morning. The impeachment resolution is sponsored by Cicilline, with Lieu and Raskin serving as the two lead co-sponsors. It is also co-sponsored by another 211 members of the U.S. House.

The article of impeachment charges the outgoing President with a count of “Incitement of Insurrection” for his actions on January 6, 2021, when he delivered a speech inciting his supporters to lay siege to the United States Capitol, an action that temporarily halted the counting of Electoral College votes and resulted in the deaths of five individuals, including an officer of the United States Capitol Police.

“Last Wednesday marked one of the darkest days in the history of our country. After months of agitation and propaganda against the results of the 2020 election, the United States Capitol – the citadel of our democracy – was attacked as President Trump’s supporters attempted to stage a coup and overturn the results of our free and fair presidential election,” said the members, who serve together on the House Judiciary Committee. “We cannot allow this unprecedented provocation to go unanswered. Everyone involved in this assault must be held accountable, beginning with the man most responsible for it – President Donald Trump. We cannot begin to heal the soul of this country without first delivering swift justice to all its enemies – foreign and domestic.”

A copy of the article of impeachment introduced today can be downloaded by clicking here..."
House Articles of Impeachment 

The Impeachment Process in the Senate

"After the House impeaches a federal officer, the Senate conducts a trial to determine if the individual should be removed from office. The Senate has a set of rules specific to the conduct of an impeachment trial, most of which originated in the early 19th century.

The impeachment rules lay out specific steps that the Senate takes to organize for a trial. House managers (Members of the House who present the case against the impeached officer in the Senate) read the articles of impeachment on the Senate floor. The Presiding Officer and Senators take an oath to do impartial justice, and the Senate issues a “summons” to the accused and requests that a written answer be filed. The House Managers are also invited to respond to the answer of the impeached officer.

Actions after these organizing steps, however, are not specified in the impeachment rules. The impeachment rules mention some actions that are common in judicial trials, such as opening and closing statements by the parties to the case and the examination of witnesses, but provide little specific guidance. Instead, the rules allow the Senate, when sitting for a trial, to set particular procedures through the approval of “orders.” Some orders of the Senate are unanimous consent agreements, but others are proposals adopted by the Senate. If such a proposal is considered while the Senate is sitting for the trial, then debate is limited by the impeachment rules. As a result, the support of three-fifths of the Senate to invoke cloture is not necessary to reach a vote to approve a procedural proposal. In previous trials, such proposals have been subject to amendment. Senate published precedents do not provide guidance on what can or cannot be included in such an order..."
Impeachment in Senate

The Impeachment Papers

 [via Digital Public Library of America]
"DPLA is proud to release this preliminary version of The Impeachment Papers: A Compendium of Documents Related to the Impeachment of President Donald J. Trump and The Report by the Senate Intelligence Committee on Russian Active Measure Campaigns and Interference in the 2016 U.S. Election.   These add to the work we started with our award-winning ebook version of the Report On The Investigation Into Russian Interference In The 2016 Presidential Election, i.e. The Mueller Report.

Download the Impeachment PapersDownload the Senate Intelligence Committee ReportDownload the Mueller Report Ebook".. Impeachment papers

Representatives Moving Forward with Articles of Impeachment

"Speaker Nancy Pelosi delivered remarks announcing that the House of Representatives will move forward with drafting articles of impeachment.  Below are the Speaker’s remarks as delivered:

Speaker Pelosi.  Good morning.

Let us begin where our Founders began in 1776: ‘When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another…’

With those words, our Founders courageously began our Declaration of Independence from an oppressive monarch, for, among other grievances, the King’s refusal to follow rightfully-passed laws.

In the course of today’s events, it becomes necessary for us to address, among other grievances, the President’s failure to faithfully execute the law.

When crafting the Constitution, the Founders feared the return of a monarchy in America.  And, having just fought a war of independence, they specifically feared the prospect of a king president corrupted by foreign influence..."
Nancy Pelosi Impeachment declaration

The Trump-Ukraine Impeachment Inquiry Report

"The impeachment inquiry into Donald J. Trump, the 45th President of the United States, uncovered a months-long effort by President Trump to use the powers of his office to solicit foreign interference on his behalf in the 2020 election.  As described in this executive summary and the report that follows, President Trump’s scheme subverted U.S. foreign policy toward Ukraine and undermined our national security in favor of two politically motivated investigations that would help his presidential reelection campaign.  The President demanded that the newly-elected Ukrainian president, Volodymyr Zelensky, publicly announce investigations into a political rival that he apparently feared the most, former Vice President Joe Biden, and into a discredited theory that it was Ukraine, not Russia, that interfered in the 2016 presidential election.  To compel the Ukrainian President to do his political bidding, President Trump conditioned two official acts on the public announcement of the investigations:  a coveted White House visit and critical U.S. military assistance Ukraine needed to fight its Russian adversary..."
Trump-Ukraine Impeachment

The Impeachment Process in the House of Representatives

"Under the U.S. Constitution, the House of Representatives has the power to formally charge a federal officer with wrongdoing, a process known as impeachment. The House impeaches an individual when a majority agrees to a House resolution containing explanations of the charges. The explanations in the resolution are referred to as “articles of impeachment.” After the House agrees to impeach an officer, the role of the Senate is to conduct a trial to determine whether the charged individual should be removed from office. Removal requires a two-thirds vote in the Senate.

The House impeachment process generally proceeds in three phases: (1) initiation of the impeachment process; (2) Judiciary Committee investigation, hearings, and markup of articles of impeachment; and (3) full House consideration of the articles of impeachment..."
Impeachment

Impeachment Investigations: Law and Process

"Speaker Pelosi announced last week that the House “is moving forward with an official impeachment inquiry.” Although the Speaker’s statement did not address precisely how the House will proceed, it is noteworthy not only because the House has so rarely investigated a President for the purpose of impeachment, but also because an impeachment investigation has usually been an early step in a constitutional process that could ultimately result in the removal of the subject of the inquiry from office.

This Sidebar identifies procedural options for the House as it proceeds with an impeachment investigation. The Sidebar also describes some of the ways in which an impeachment investigation, as compared to a more traditional investigation for legislative or oversight purposes, might bolster the House’s ability to obtain, either voluntarily or through the courts, information from the executive branch. The Sidebar also briefly describes possible future steps that might follow an impeachment inquiry, including possible action by the Senate..."
Impeachment investigations

The Impeachment Process in the House of Representatives

"Under the U.S. Constitution, the House of Representatives has the power to formally charge a federal officer with wrongdoing, a process known as impeachment. The House impeaches an individual when a majority agrees to a House resolution containing explanations of the charges. The explanations in the resolution are referred to as “articles of impeachment.” After the House agrees to impeach an officer, the role of the Senate is to conduct a trial to determine whether the charged individual should be removed from office. Removal requires a two-thirds vote in the Senate.

The House impeachment process generally proceeds in three phases: (1) initiation of the impeachment process; (2) Judiciary Committee investigation, hearings, and markup of articles of impeachment; and (3) full House consideration of the articles of impeachment.

Impeachment proceedings are usually initiated in the House when a Member submits a resolution through the hopper (in the same way that all House resolutions are submitted). A resolution calling for the impeachment of an officer will be referred to the Judiciary Committee; a resolution simply authorizing an investigation of an officer will be referred to the Rules Committee. In either case, the committee could then report a privileged resolution authorizing the investigation. In the past, House committees, under their general investigatory authority, have sometimes sought information and researched charges against officers prior to the adoption of a resolution to authorize an impeachment investigation.

Impeachment proceedings could also be initiated by a Member on the floor. A Member can offer an impeachment resolution as a “Question of the Privileges of the House.” The House, when it considers a resolution called up this way, might immediately vote to refer it to the Judiciary Committee, leaving the resolution in the same status as if it had been submitted through the hopper. Alternatively, the House might vote to table the impeachment resolution. The House could also vote directly on the resolution, but in modern practice, it has not chosen to approve articles of impeachment called up in this fashion. Instead, the House has relied on the Judiciary Committee to first conduct an investigation, hold hearings, and report recommendations to the full House..."
Impeachment

Impeachment and Removal

"The impeachment process provides a mechanism for removal of the President, Vice President, and other “civil Officers of the United States” found to have engaged in “treason, bribery, or other high crimes and misdemeanors.” The Constitution places the responsibility and authority to determine whether to impeach an individual in the hands of the House of Representatives. Should a simple majority of the House approve articles of impeachment specifying the grounds upon which the impeachment is based, the matter is then presented to the Senate, to which the Constitution provides the sole power to try an impeachment. A conviction on any one of the articles of impeachment requires the support of a two-thirds majority of the Senators present.

Should a conviction occur, the Senate retains limited authority to determine the appropriate punishment. Under the Constitution, the penalty for conviction on an impeachable offense is limited to either removal from office, or removal and prohibition against holding any future offices of “honor, Trust or Profit under the United States.” Although removal from office would appear to flow automatically from conviction on an article of impeachment, a separate vote is necessary should the Senate deem it appropriate to disqualify the individual convicted from holding future federal offices of public trust. Approval of such a measure requires only the support of a simple majority.

 Key Takeaways of This Report

 The Constitution gives Congress the authority to impeach and remove the President, Vice President, and other federal “civil officers” upon a determination that such officers have engaged in treason, bribery, or other high crimes and misdemeanors.
 A simple majority of the House is necessary to approve articles of impeachment.
 If the Senate, by vote of a two-thirds majority, convicts the official on any article of impeachment, the result is removal from office and, at the Senate’s discretion, disqualification from holding future office.
 The Constitution does not articulate who qualifies as a “civil officer.” Most impeachments have applied to federal judges. With regard to the executive branch, lesser functionaries—such as federal employees who belong to the civil service, do not exercise “significant authority,” and are not appointed by the President or an agency head—do not appear to be subject to impeachment. At the opposite end of the spectrum, it would appear that any official who qualifies as a principal officer, including a head of an agency such as a Secretary, Administrator, or Commissioner, is likely subject to impeachment.
 Impeachable conduct does not appear to be limited to criminal behavior. Congress has identified three general types of conduct that constitute grounds for impeachment, although these categories should not be understood as exhaustive: (1) improperly exceeding or abusing the powers of the office; (2) behavior incompatible with the function and purpose of the office; and (3) misusing the office for an improper purpose or for personal gain.
 The House has impeached 19 individuals: 15 federal judges, one Senator, one Cabinet member, and two Presidents. The Senate has conducted 16 full impeachment trials. Of these, eight individuals—all federal judges—were convicted by the Senate..."
Impeachment and removal

Impeachment and Removal

"The impeachment process provides a mechanism for removal of the President, Vice President, and other “civil Officers of the United States” found to have engaged in “treason, bribery, or other high crimes and misdemeanors.” The Constitution places the responsibility and authority to determine whether to impeach an individual in the hands of the House of Representatives. Should a simple majority of the House approve articles of impeachment specifying the grounds upon which the impeachment is based, the matter is then presented to the Senate, to which the Constitution provides the sole power to try an impeachment. A conviction on any one of the articles of impeachment requires the support of a two-thirds majority of the Senators present..."
Impeachment