Explainer: Questions About Trump's Second Impeachment Answered

By Dana Cruz First Posted: Jan 13, 2021 05:30 AM EST

(Photo : Stefani Reynolds/Getty Images)
The Peace Monument stands in front of the U.S. Capitol on January 12, 2021 in Washington, DC.

A second impeachment is awaiting President Donald Trump on Wednesday as House Democrats move forward on their plan to oust the president.

They said Trump deserves a second impeachment for encouraging a violent mob of supporters, who stormed the U.S. Capitol on Wednesday.

As this is his second impeachment, he would be the first American president to face impeachment twice in the nation's history. Aside from Trump, two other presidents have already been impeached but were never convicted.

Previous impeachments were of Presidents Andrew Johnson and Bill Clinton. These earlier impeachments took months to arrive at a final vote, as investigations and hearings were held.

Trump's second impeachment, however, only took a week. Here's a look at what could happen in the next few days as the House moves to have a second impeachment for President Trump:

What Exactly Does An Impeachment Mean?

One common misconception that people get when they hear the word "impeachment" is that it only refers to removing a president from office.

But in actuality, it means the House of Representatives brings charges against a president who took part in "high crimes or misdemeanors," an article from Reuters stated.

In this case, Democrats accused Trump of inciting "lawless action" during the Capitol siege last week.

Politico noted that the Democrats fear Trump's "worst impulses" in the final week leading up to Inauguration Day, and the ongoing impeachment will become a backdrop for any attempt from Trump to pardon himself or his supporters for the riot.

Can the House Move Quickly to Have the Second Impeachment?

The House majority can hold the impeachment process. However, it deems fit since the U.S. Constitution grants them the "sole Power of Impeachment."

As Vox explained, it's all up to Congress to decide what would matter during the impeachment proceedings. While Congress opted for speedy options in holding impeachments in the past, they do have one precedent for moving quickly this time.

In 1868, President Johnson was impeached just three days after violating the Tenure of Office Act. Impeachment articles on this proceeding didn't even get finalized until after Johnson was impeached.

If the House's majority and leadership decide to move quickly, it could be done, and it appears this is what they are planning to do this week.

Do Republicans Support the Second Impeachment for Trump?

Once the House has finalized the impeachment, articles and evidence would be sent to the Senate, where final votes would be cast on whether to convict or acquit.

The Senate seemed to be mum on holding a trial to convict Trump, but Democrats still think their action will send an important message to the country, reported Denver Post.

For now, the Republican-led Senate is not expected to hold a trial. A two-thirds majority of the Senate is needed to convict Trump before President-elect Joe Biden's swearing-in.

But so far, dozens of House Republicans are considering support for the Democratic move, noted Politico. Before the House started the impeachment, House GOP Conference Chair Liz Cheney announced she would vote to impeach Trump, alongside other GOP members, Reps. John Katko and Adam Kinzinger.

Senate Majority Leader Mitch McConnell also said that Trump's actions from last week could qualify him for office removal.

Can Senate Vote on Second Impeachment If Trump's No Longer President?

Even though McConnell hinted that he might be open to ousting Trump, he also said the Senate wouldn't be ready to take out the House's articles until January 19, when they return to session.

Trump's legal defenders argued that by then, the impeachment would be held against a private citizen of the country or people who are not meant to face impeachment.

But the Constitution also allows the Senate to impose a sentence that isn't limited to removal from office. As pointed out by others, a convicted president would be barred from holding any federal office ever again, preventing Trump from running for president again in 2024.

A conviction from the Senate could also strip Trump's post-presidential salary and other perks of being a former president.