Published on 12:00 AM, January 10, 2021

Trump’s Impeachment: How it could play out

US Congressional Democrats plan to introduce misconduct charges on Monday that could lead to a second impeachment of President Donald Trump. The following is a primer on what a second impeachment proceeding of Trump could look like.

 

How it works?

A misconception about impeachment is that it refers to the removal of a president from office. In fact, impeachment refers only to the House of Representatives, the lower chamber of Congress, bringing charges that a president engaged in a "high crime or misdemeanor" - similar to an indictment in a criminal case. If a simple majority of the House's 435 members approves bringing charges, known as "articles of impeachment," the process moves to the Senate, the upper chamber, which has a trial. The Constitution requires a two-thirds vote of the Senate to convict and remove a president.

 

2024 bid at risk?

Yes. Two historical precedents, both involving federal judges, make clear that only a simple majority of the Senate is needed to disqualify Trump from holding future office. Legal experts said this lower standard means Democrats, who will take control of the Senate later in January, have a realistic chance of barring Trump from running for president in 2024.

 

impeachment after January 20?

No court has yet definitively ruled on the matter, but many scholars believe the impeachment proceeding would not be rendered moot by Trump leaving office, since disqualification from future office would remain a potential penalty.

 

How quickly it can be done?

Impeachment experts said that, in theory, it could be done very quickly, within days even, because both chambers have wide latitude to set the rules as they see it. But the current rules, which could be revisited, would make it difficult to complete the process in less than a week.