First impeachment of Donald Trump

The first impeachment of Donald Trump, the 45th president of the United States from 2017 to 2021, began on December 18, 2019, during the 116th United States Congress. The House of Representatives adopted two articles of impeachment against Trump: abuse of power and obstruction of Congress. Trump was acquitted by the Senate on February 5, 2020.[2]

First impeachment of Donald Trump
Members of House of Representatives vote on two articles of impeachment
AccusedDonald Trump, President of the United States[1]
Proponents
DateDecember 18, 2019 ⁠–⁠ February 5, 2020
(1 month, 2 weeks and 4 days)
OutcomeAcquitted by the U.S. Senate, remained in the office of President of the United States
ChargesAbuse of power, Obstruction of Congress
CauseAllegations that Trump unlawfully solicited Ukrainian authorities to influence the 2020 U.S. presidential election
Congressional votes
Voting in the U.S. House of Representatives
AccusationAbuse of power
Votes in favor230
Votes against197
Present1
Not voting3
ResultApproved
AccusationObstruction of Congress
Votes in favor229
Votes against198
Present1
Not voting3
ResultApproved
Voting in the U.S. Senate
AccusationArticle I – Abuse of power
Votes in favor48 "guilty"
Votes against52 "not guilty"
ResultAcquitted (67 "guilty" votes necessary for a conviction)
AccusationArticle II – Obstruction of Congress
Votes in favor47 "guilty"
Votes against53 "not guilty"
ResultAcquitted (67 "guilty" votes necessary for a conviction)

Trump's impeachment came after a formal House inquiry found that he had solicited foreign interference in the 2020 U.S. presidential election to help his re-election bid and then obstructed the inquiry itself by telling his administration officials to ignore subpoenas for documents and testimony. The inquiry reported that Trump withheld military aid[lower-alpha 1] and an invitation to the White House to Ukrainian president Volodymyr Zelenskyy in order to influence Ukraine to announce an investigation into Trump's political opponent Joe Biden and to promote a discredited conspiracy theory that Ukraine, not Russia, was behind interference in the 2016 presidential election. A phone call between Trump and Zelenskyy on July 25, 2019 was particularly important according to Congressional testimony from Lt. Col. Alexander Vindman, a member of the National Security Council who listened to the call from the White House Situation Room.[4][5]

The inquiry stage of Trump's impeachment lasted from September to November 2019 in the wake of Vindman's August whistleblower complaint alleging Trump's abuse of power.[4] In October, three congressional committees (Intelligence, Oversight, and Foreign Affairs) deposed witnesses. In November, the House Intelligence Committee held a number of public hearings in which witnesses testified publicly; on December 3, the committee voted 13–9 along party lines to adopt a final report. The total number of witnesses testifying either publicly or in closed door sessions was 17. A set of impeachment hearings before the House Judiciary Committee began on December 4; on December 13, it voted 23–17 along party lines to recommend two articles of impeachment for abuse of power and obstruction of Congress. The committee released a lengthy report on the impeachment articles on December 16. Two days later, the full House approved both articles in a mostly party-line vote, with all Republicans opposing, along with three Democrats. This made Trump the third U.S. president in history to be impeached and marked the first fully partisan impeachment where a U.S. president was impeached without support for the impeachment from the President's own party.

The articles were submitted to the Senate on January 16, 2020, initiating the trial. The trial saw no witnesses or documents being subpoenaed, as Republican senators rejected attempts to introduce subpoenas. On February 5, Trump was acquitted on both counts by the Senate, as neither count received 67 votes to convict. On Article I, abuse of power, the vote was 48 for conviction, 52 for acquittal. On Article II, obstruction of Congress, the vote was 47 for conviction, 53 for acquittal. Republican Mitt Romney, the only senator to break party lines, became the first U.S. senator to vote to convict a president of his own party in an impeachment trial, as he voted for conviction on abuse of power.[6] Trump remained in office for the remainder of his term.

Two days after the acquittal, Trump fired two witnesses who had testified about his conduct in the impeachment inquiry: Ambassador Gordon Sondland and Alexander Vindman,[7] together with Vindman's twin brother Yevgeny.[7]

On June 23, 2023, Republican House Speaker Kevin McCarthy said that he supported an effort to hold a vote "expunging" both impeachments of Trump.[8]

Background

Donald Trump is the third U.S. president to be impeached by the House of Representatives, after Andrew Johnson in 1868 and Bill Clinton in 1998.[1][9] Before Trump, Johnson was the only president to be impeached in his first term.[lower-alpha 2] The House Judiciary Committee also voted to adopt three articles of impeachment against Richard Nixon, but he resigned prior to the full House vote.[10][lower-alpha 3] The Senate voted to acquit both Johnson and Clinton in their trials.[11][lower-alpha 4]

"Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors" by Congressman Brad Sherman

Congress's first efforts to impeach Trump were initiated by Democratic representatives Al Green and Brad Sherman in 2017.[14] In December 2017, an impeachment resolution failed in the House with a 58–364 vote margin. Following the 2018 elections, the Democrats gained a majority in the House and launched multiple investigations into Trump's actions and finances.[15] Speaker of the House Nancy Pelosi initially resisted calls for impeachment. In May 2019, however, she indicated that Trump's continued actions, which she characterized as obstruction of justice and refusal to honor Congressional subpoenas, might make an impeachment inquiry necessary.[16][17]

Investigations into various scandals in the Trump administration, which could lead to articles of impeachment, were initiated by various house congressional committees led by Pelosi and began in February 2019. A formal impeachment investigation began in July 2019,[18] and several subpoenas were issued; while most were honored, several were not. The Trump administration asserted executive privilege, which led to several lawsuits, including In re: Don McGahn.[19]

Trump–Ukraine scandal

Whistleblower complaint dated August 12, 2019, regarding a July 25 phone conversation between Trump and Zelensky
Memorandum of the call between Trump and Zelenskyy released by the White House on September 25, 2019

The Trump–Ukraine scandal revolves around efforts by U.S. President Donald Trump to coerce Ukraine and other foreign countries into providing damaging narratives about 2020 Democratic Party presidential primary candidate Joe Biden, as well as information relating to the origins of previous political attacks against him, such as the claims investigated by Robert Mueller. Trump enlisted surrogates within and outside his official administration, including his lawyer Rudy Giuliani and Attorney General William Barr, to pressure Ukraine and other foreign governments to cooperate in investigating conspiracy theories concerning American politics.[20][21][22][23][24] Trump blocked but later released payment of a congressionally mandated $400 million military aid package to allegedly obtain quid pro quo cooperation from Volodymyr Zelenskyy, the president of Ukraine. A number of contacts were established between the White House and the government of Ukraine, culminating in a phone call between Trump and Zelenskyy on July 25, 2019.[20][21][22][25] Less than two hours later, on behalf of the president, senior executive budget official Michael Duffey discreetly instructed the Pentagon to continue withholding military aid to Ukraine.[26][27][28][lower-alpha 5]

The scandal reached public attention in mid-September 2019 after a whistleblower complaint made in August 2019.[29] The complaint raised concerns about Trump using presidential powers to solicit foreign electoral intervention in the 2020 U.S. presidential election.[30] The Trump White House has corroborated several allegations raised by the whistleblower. A non-verbatim transcript of the Trump–Zelenskyy call confirmed that Trump requested investigations into Joe Biden and his son Hunter, as well as a discredited conspiracy theory involving a Democratic National Committee server,[31][32] while repeatedly urging Zelenskyy to work with Giuliani and Barr on these matters.[33][34] The White House also confirmed that the record of the call had been transferred to a highly classified system.[35][36] White House acting chief of staff Mick Mulvaney said one reason why Trump withheld military aid to Ukraine was Ukrainian "corruption related to the DNC server", referring to a debunked theory that Ukrainians framed Russia for hacking into the DNC computer system.[37] After the impeachment inquiry began, Trump publicly urged Ukraine and China to investigate the Bidens.[38] Bill Taylor, the Trump administration's top diplomat to Ukraine, testified that he was told that U.S. military aid to Ukraine and a Trump–Zelenskyy White House meeting were conditioned on Zelenskyy publicly announcing investigations into the Bidens and alleged Ukrainian interference in the 2016 U.S. elections.[39] United States Ambassador to the European Union Gordon Sondland testified that he worked with Giuliani at Trump's "express direction" to arrange a quid pro quo with the Ukraine government.[40]

Inquiry

On the evening of September 24, 2019, Pelosi announced that six committees of the House of Representatives would begin a formal impeachment inquiry into President Trump. Pelosi accused the President of betraying his oath of office, national security, and the integrity of the country's elections.[41][42][43] The six committees charged with the task were those on Financial Services, the Judiciary, Intelligence, Foreign Affairs, Oversight and Reform, and Ways and Means.[44]

In October 2019, three congressional committees (Intelligence, Oversight, and Foreign Affairs) deposed witnesses, including Ambassador Taylor,[45] Laura Cooper (the deputy assistant secretary of defense for Russian, Ukrainian and Eurasian affairs),[46] and former White House official Fiona Hill.[47] Witnesses testified that they believed that President Trump wanted Zelenskyy to publicly announce investigations into the Bidens and Burisma (a Ukrainian natural gas company on whose board Hunter Biden had served)[3][48] and 2016 election interference.[39] On October 8, in a letter from White House counsel Pat Cipollone to House speaker Pelosi, the White House officially responded that it would not cooperate with the investigation due to concerns including that there had not yet been a vote of the full House and that interviews of witnesses were being conducted behind closed doors.[49][50] On October 17, Mulvaney said in response to a reporter's allegation of quid pro quo, "We do that all the time with foreign policy. Get over it." He walked back his comments later that day, asserting there had been "absolutely no quid pro quo" and that Trump had withheld military aid to Ukraine over concerns of the country's corruption.[37][51]

On October 29, 2019, Massachusetts representative Jim McGovern introduced a resolution referred to House Rules Committee, which set forth the "format of open hearings in the House Intelligence Committee, including staff-led questioning of witnesses, and [authorization for] the public release of deposition transcripts".[52][53] This resolution, formally authorizing the impeachment inquiry, was approved by the House by a vote of 232 to 196 on October 31, 2019.[54] In November 2019, the House Intelligence Committee held a number of public hearings in which witnesses testified publicly. On November 13, Taylor and Kent testified publicly.[55] Ambassador Marie Yovanovitch testified before the committee on November 15, 2019.[56] Lieutenant Colonel Alexander Vindman, the National Security Council's head of European affairs, and Jennifer Williams, Vice President Mike Pence's chief European security adviser, testified together on the morning of November 19, 2019.[57] Later that day, Kurt Volker, the former U.S. special representative for Ukraine, and Tim Morrison, the former national security presidential adviser on Europe and Russia, gave public testimony before the House Intelligence Committee.[58] Also subpoenaed were Foreign Service Officers Catherine Croft, Jennifer Williams, Christopher Anderson, and Suriya Jayanti.[59]

Open hearing testimony of Fiona Hill and David Holmes on November 21, 2019

On November 20, 2019, Ambassador Sondland testified that he conducted his work with Giuliani at the "express direction of the president",[60] and that he understood a potential White House invitation for Zelenskyy to be contingent on Ukraine announcing investigations into the 2016 elections and Burisma.[61][62] Later that day, Cooper and David Hale, the under secretary of state for political affairs, testified jointly before the committee.[63] On November 21, 2019, Fiona Hill – who, until August 2019, was the top Russia expert on the National Security Council – criticized Republicans for promulgating the "fictional narrative" that Ukraine rather than Russia interfered in the 2016 election, asserting that the theory was planted by Russia and played into its hands.[64][65] Testifying alongside Hill was David Holmes, the current head of political affairs in the U.S. Embassy in Ukraine.[66][67][68]

On December 3, the House Intelligence Committee voted 13–9 along party lines to adopt a final report and also send it to the House Judiciary Committee.[69][70][71] The report's preface states:

[T]he impeachment inquiry has found that President Trump, personally and acting through agents within and outside of the U.S. government, solicited the interference of a foreign government, Ukraine, to benefit his reelection. In furtherance of this scheme, President Trump conditioned official acts on a public announcement by the new Ukrainian President, Volodymyr Zelenskyy, of politically-motivated investigations, including one into President Trump's domestic political opponent. In pressuring President Zelenskyy to carry out his demand, President Trump withheld a White House meeting desperately sought by the Ukrainian President, and critical U.S. military assistance to fight Russian aggression in eastern Ukraine.[71]:8–9

The Republicans of the House committees had released a countering report the previous day, saying in part that the evidence does not support accusations. "The evidence presented does not prove any of these Democrat allegations, and none of the Democrats' witnesses testified to having evidence of bribery, extortion, or any high crime or misdemeanor," said the draft report.[72][73] This report also painted the push to impeachment as solely politically motivated. "The Democrats are trying to impeach a duly elected President based on the accusations and assumptions of unelected bureaucrats who disagreed with President Trump's policy initiatives and processes," the report's executive summary states.[74] During the inquiry, the Trump administration's public arguments were limited to assertions that the president had done nothing wrong and the process was unfair.[75]

Impeachment

Judiciary Committee hearings

Impeachment of Donald J. Trump, President of the United States—Report of the Committee on the Judiciary, House of Representatives

On December 5, Speaker Pelosi authorized the Judiciary Committee to begin drafting articles of impeachment.[76]

A set of impeachment hearings was brought before the Judiciary Committee, with Trump and his lawyers being invited to attend.[77][78] The administration declined as the president was scheduled to attend a NATO summit in London.[79] In a second letter on December 6, Cipollone again said that the White House would not offer a defense or otherwise participate in the impeachment inquiry, writing to chairman Jerry Nadler, "As you know, your impeachment inquiry is completely baseless and has violated basic principles of due process and fundamental fairness."[80] Nadler responded in a statement, "We gave President Trump a fair opportunity to question witnesses and present his own to address the overwhelming evidence before us. After listening to him complain about the impeachment process, we had hoped that he might accept our invitation."[81]

The first hearing, held on December 4, 2019, was an academic discussion on the definition of an impeachable offense. The witnesses invited by Democrats were law professors Noah Feldman from Harvard, Pamela S. Karlan from Stanford, and Michael Gerhardt from the University of North Carolina. Republicans invited Jonathan Turley, a constitutional scholar at George Washington University;[82][83] Turley, who had testified in favor of the impeachment of President Bill Clinton in 1999,[84][85] testified against impeaching Trump, citing a lack of evidence.[86] It was observed that he contradicted his own opinion on impeachment from when Clinton was on trial.[87][88][89]

Potential articles of impeachment outlined during the hearing include abuse of power for arranging a quid pro quo with the president of Ukraine, obstruction of Congress for hindering the House's investigation, and obstruction of justice for attempting to dismiss Robert Mueller during his investigation of Russian interference in the 2016 election.[90] On December 5, Pelosi requested that the House Judiciary Committee draft articles of impeachment.[91][92] After the vote, Pelosi said that, while this was "a great day for the Constitution", it was "a sad day for America". She also said, "I could not be prouder or more inspired by the moral courage of the House Democrats. We never asked one of them how they were going to vote. We never whipped this vote."[93]

Articles of impeachment

House Resolution 755—Articles of Impeachment Against President Donald J. Trump

On December 10, 2019, Democrats on the House Judiciary Committee announced they would levy two articles of impeachment, designated H. Res. 755: (1) abuse of power, and (2) obstruction of Congress,[94][95] in its investigation of the President's conduct regarding Ukraine.[96] Draft text of the articles was released later that day,[97] as well as a report by the judiciary committee outlining the constitutional case for impeachment and asserting that "impeachment is part of democratic governance".[98]:51 The committee planned to vote on the articles on December 12,[99][100] but postponed it to the next day after the 14-hour partisan debate on the final versions of the articles lasted until after 11:00 p.m. EST.[101] On December 13,[101] the Judiciary Committee voted along party lines to pass both articles of impeachment; both articles passed 23–17, with all Democrats present voting in support and all Republicans voting in opposition. Democrat Ted Lieu was ill and not present to vote.[102]

On December 16, the House Judiciary Committee released a 658-page report on the articles of impeachment, specifying criminal bribery and wire fraud charges as part of the abuse of power article.[103] The articles were forwarded to the full House for debate and a vote on whether to impeach the president on December 18.[104]

House Judiciary Committee vote on whether to report House Resolution 755 favorably to the House of Representatives
Party Article I (Abuse of power) Article II (Obstruction of Congress)
Aye/Yes Nay Present Not voting Aye/Yes Nay Present Not voting
Democratic (24) 23 23
Republican (17) 17 17
Total (41) 23 17 0 1 23 17 0 1
Result Agreed to[lower-alpha 6] Agreed to[lower-alpha 6]

House vote

Article I, Section 2, Clause 5 of the U.S. Constitution states that "The House of Representatives ... shall have the sole Power of Impeachment."[105]

On December 17, the House Rules Committee held a hearing to write the rules governing the debate over impeachment.[106] The first of three votes was on the rules governing debate: 228 to 197, with all Republicans and two Democrats voting no.[107] This was followed by six hours of debate. One of the highlights of this contentious event was Georgia representative Barry Loudermilk comparing the impeachment inquiry of President Trump to the trial of Jesus Christ, saying that the Christian savior was treated far better by the authorities.[108] Maryland representative Steny Hoyer contributed closing arguments: "All of us feel a sense of loyalty to party ... It's what makes our two-party system function. It's what helps hold presidents and majorities accountable. But party loyalty must have its limits."[109]

The formal impeachment vote in the House of Representatives took place on December 18, 2019.[110] Shortly after 8:30 p.m. EST, both articles of impeachment passed.[111] The votes for the charge of abuse of power were 230 in favor, 197 against, and 1 present: House Democrats all voted in support, except Collin Peterson and Jeff Van Drew, who voted against,[112] and Tulsi Gabbard, who voted "present"; all House Republicans voted against, although Justin Amash, an independent who was previously Republican, voted in support of both articles.[113] The votes for the charge of obstruction of Congress were 229 in favor, 198 against, and 1 present: all Democrats voted in support, except Peterson, Van Drew, and Jared Golden, who voted against;[112] and Gabbard, who again voted "present";[114] all Republicans voted against.

Days before the impeachment vote, it was leaked that Jeff Van Drew was planning to switch parties from Democratic to Republican.[115] A day after the vote, he officially announced that he was switching parties.[116]

Three representatives pending retirement did not vote: Republican Duncan D. Hunter, who was banned from voting under the House's rules after pleading guilty to illegally using campaign funds; Democrat José E. Serrano, who had a health setback after being diagnosed with Parkinson's disease earlier in the year; and Republican John Shimkus, who was visiting his son in Tanzania.[117]

Voting results on House Resolution 755
(Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors)
Party Article I (Abuse of power)[118] Article II (Obstruction of Congress)[119]
Yea Nay Present Not voting Yea Nay Present Not voting
Democratic (233) 229 228
Republican (197) 195 195
Independent (1)
Total (435)[lower-alpha 7] 230 197 1 3 229 198 1 3
Result Adopted[lower-alpha 8] Adopted[lower-alpha 8]
Full list of votes on House Resolution 755[118][119]
District Member Party Article I Article II
Alabama 1 Bradley Byrne Republican Nay Nay
Alabama 2 Martha Roby Republican Nay Nay
Alabama 3 Mike Rogers Republican Nay Nay
Alabama 4 Robert Aderholt Republican Nay Nay
Alabama 5 Mo Brooks Republican Nay Nay
Alabama 6 Gary Palmer Republican Nay Nay
Alabama 7 Terri Sewell Democratic Yea Yea
Alaska at-large Don Young Republican Nay Nay
Arizona 1 Tom O'Halleran Democratic Yea Yea
Arizona 2 Ann Kirkpatrick Democratic Yea Yea
Arizona 3 Raúl Grijalva Democratic Yea Yea
Arizona 4 Paul Gosar Republican Nay Nay
Arizona 5 Andy Biggs Republican Nay Nay
Arizona 6 David Schweikert Republican Nay Nay
Arizona 7 Ruben Gallego Democratic Yea Yea
Arizona 8 Debbie Lesko Republican Nay Nay
Arizona 9 Greg Stanton Democratic Yea Yea
Arkansas 1 Rick Crawford Republican Nay Nay
Arkansas 2 French Hill Republican Nay Nay
Arkansas 3 Steve Womack Republican Nay Nay
Arkansas 4 Bruce Westerman Republican Nay Nay
California 1 Doug LaMalfa Republican Nay Nay
California 2 Jared Huffman Democratic Yea Yea
California 3 John Garamendi Democratic Yea Yea
California 4 Tom McClintock Republican Nay Nay
California 5 Mike Thompson Democratic Yea Yea
California 6 Doris Matsui Democratic Yea Yea
California 7 Ami Bera Democratic Yea Yea
California 8 Paul Cook Republican Nay Nay
California 9 Jerry McNerney Democratic Yea Yea
California 10 Josh Harder Democratic Yea Yea
California 11 Mark DeSaulnier Democratic Yea Yea
California 12 Nancy Pelosi Democratic Yea Yea
California 13 Barbara Lee Democratic Yea Yea
California 14 Jackie Speier Democratic Yea Yea
California 15 Eric Swalwell Democratic Yea Yea
California 16 Jim Costa Democratic Yea Yea
California 17 Ro Khanna Democratic Yea Yea
California 18 Anna Eshoo Democratic Yea Yea
California 19 Zoe Lofgren Democratic Yea Yea
California 20 Jimmy Panetta Democratic Yea Yea
California 21 TJ Cox Democratic Yea Yea
California 22 Devin Nunes Republican Nay Nay
California 23 Kevin McCarthy Republican Nay Nay
California 24 Salud Carbajal Democratic Yea Yea
California 26 Julia Brownley Democratic Yea Yea
California 27 Judy Chu Democratic Yea Yea
California 28 Adam Schiff Democratic Yea Yea
California 29 Tony Cárdenas Democratic Yea Yea
California 30 Brad Sherman Democratic Yea Yea
California 31 Pete Aguilar Democratic Yea Yea
California 32 Grace Napolitano Democratic Yea Yea
California 33 Ted Lieu Democratic Yea Yea
California 34 Jimmy Gomez Democratic Yea Yea
California 35 Norma Torres Democratic Yea Yea
California 36 Raul Ruiz Democratic Yea Yea
California 37 Karen Bass Democratic Yea Yea
California 38 Linda Sánchez Democratic Yea Yea
California 39 Gil Cisneros Democratic Yea Yea
California 40 Lucille Roybal-Allard Democratic Yea Yea
California 41 Mark Takano Democratic Yea Yea
California 42 Ken Calvert Republican Nay Nay
California 43 Maxine Waters Democratic Yea Yea
California 44 Nanette Barragán Democratic Yea Yea
California 45 Katie Porter Democratic Yea Yea
California 46 Lou Correa Democratic Yea Yea
California 47 Alan Lowenthal Democratic Yea Yea
California 48 Harley Rouda Democratic Yea Yea
California 49 Mike Levin Democratic Yea Yea
California 50 Duncan D. Hunter Republican Not voting Not voting
California 51 Juan Vargas Democratic Yea Yea
California 52 Scott Peters Democratic Yea Yea
California 53 Susan Davis Democratic Yea Yea
Colorado 1 Diana DeGette Democratic Yea Yea
Colorado 2 Joe Neguse Democratic Yea Yea
Colorado 3 Scott Tipton Republican Nay Nay
Colorado 4 Ken Buck Republican Nay Nay
Colorado 5 Doug Lamborn Republican Nay Nay
Colorado 6 Jason Crow Democratic Yea Yea
Colorado 7 Ed Perlmutter Democratic Yea Yea
Connecticut 1 John B. Larson Democratic Yea Yea
Connecticut 2 Joe Courtney Democratic Yea Yea
Connecticut 3 Rosa DeLauro Democratic Yea Yea
Connecticut 4 Jim Himes Democratic Yea Yea
Connecticut 5 Jahana Hayes Democratic Yea Yea
Delaware at-large Lisa Blunt Rochester Democratic Yea Yea
Florida 1 Matt Gaetz Republican Nay Nay
Florida 2 Neal Dunn Republican Nay Nay
Florida 3 Ted Yoho Republican Nay Nay
Florida 4 John Rutherford Republican Nay Nay
Florida 5 Al Lawson Democratic Yea Yea
Florida 6 Michael Waltz Republican Nay Nay
Florida 7 Stephanie Murphy Democratic Yea Yea
Florida 8 Bill Posey Republican Nay Nay
Florida 9 Darren Soto Democratic Yea Yea
Florida 10 Val Demings Democratic Yea Yea
Florida 11 Daniel Webster Republican Nay Nay
Florida 12 Gus Bilirakis Republican Nay Nay
Florida 13 Charlie Crist Democratic Yea Yea
Florida 14 Kathy Castor Democratic Yea Yea
Florida 15 Ross Spano Republican Nay Nay
Florida 16 Vern Buchanan Republican Nay Nay
Florida 17 Greg Steube Republican Nay Nay
Florida 18 Brian Mast Republican Nay Nay
Florida 19 Francis Rooney Republican Nay Nay
Florida 20 Alcee Hastings Democratic Yea Yea
Florida 21 Lois Frankel Democratic Yea Yea
Florida 22 Ted Deutch Democratic Yea Yea
Florida 23 Debbie Wasserman Schultz Democratic Yea Yea
Florida 24 Frederica Wilson Democratic Yea Yea
Florida 25 Mario Díaz-Balart Republican Nay Nay
Florida 26 Debbie Mucarsel-Powell Democratic Yea Yea
Florida 27 Donna Shalala Democratic Yea Yea
Georgia 1 Buddy Carter Republican Nay Nay
Georgia 2 Sanford Bishop Democratic Yea Yea
Georgia 3 Drew Ferguson Republican Nay Nay
Georgia 4 Hank Johnson Democratic Yea Yea
Georgia 5 John Lewis Democratic Yea Yea
Georgia 6 Lucy McBath Democratic Yea Yea
Georgia 7 Rob Woodall Republican Nay Nay
Georgia 8 Austin Scott Republican Nay Nay
Georgia 9 Doug Collins Republican Nay Nay
Georgia 10 Jody Hice Republican Nay Nay
Georgia 11 Barry Loudermilk Republican Nay Nay
Georgia 12 Rick W. Allen Republican Nay Nay
Georgia 13 David Scott Democratic Yea Yea
Georgia 14 Tom Graves Republican Nay Nay
Hawaii 1 Ed Case Democratic Yea Yea
Hawaii 2 Tulsi Gabbard Democratic Present Present
Idaho 1 Russ Fulcher Republican Nay Nay
Idaho 2 Mike Simpson Republican Nay Nay
Illinois 1 Bobby Rush Democratic Yea Yea
Illinois 2 Robin Kelly Democratic Yea Yea
Illinois 3 Dan Lipinski Democratic Yea Yea
Illinois 4 Jesús "Chuy" García Democratic Yea Yea
Illinois 5 Mike Quigley Democratic Yea Yea
Illinois 6 Sean Casten Democratic Yea Yea
Illinois 7 Danny K. Davis Democratic Yea Yea
Illinois 8 Raja Krishnamoorthi Democratic Yea Yea
Illinois 9 Jan Schakowsky Democratic Yea Yea
Illinois 10 Brad Schneider Democratic Yea Yea
Illinois 11 Bill Foster Democratic Yea Yea
Illinois 12 Mike Bost Republican Nay Nay
Illinois 13 Rodney Davis Republican Nay Nay
Illinois 14 Lauren Underwood Democratic Yea Yea
Illinois 15 John Shimkus Republican Not voting Not voting
Illinois 16 Adam Kinzinger Republican Nay Nay
Illinois 17 Cheri Bustos Democratic Yea Yea
Illinois 18 Darin LaHood Republican Nay Nay
Indiana 1 Pete Visclosky Democratic Yea Yea
Indiana 2 Jackie Walorski Republican Nay Nay
Indiana 3 Jim Banks Republican Nay Nay
Indiana 4 Jim Baird Republican Nay Nay
Indiana 5 Susan Brooks Republican Nay Nay
Indiana 6 Greg Pence Republican Nay Nay
Indiana 7 André Carson Democratic Yea Yea
Indiana 8 Larry Bucshon Republican Nay Nay
Indiana 9 Trey Hollingsworth Republican Nay Nay
Iowa 1 Abby Finkenauer Democratic Yea Yea
Iowa 2 Dave Loebsack Democratic Yea Yea
Iowa 3 Cindy Axne Democratic Yea Yea
Iowa 4 Steve King Republican Nay Nay
Kansas 1 Roger Marshall Republican Nay Nay
Kansas 2 Steve Watkins Republican Nay Nay
Kansas 3 Sharice Davids Democratic Yea Yea
Kansas 4 Ron Estes Republican Nay Nay
Kentucky 1 James Comer Republican Nay Nay
Kentucky 2 Brett Guthrie Republican Nay Nay
Kentucky 3 John Yarmuth Democratic Yea Yea
Kentucky 4 Thomas Massie Republican Nay Nay
Kentucky 5 Hal Rogers Republican Nay Nay
Kentucky 6 Andy Barr Republican Nay Nay
Louisiana 1 Steve Scalise Republican Nay Nay
Louisiana 2 Cedric Richmond Democratic Yea Yea
Louisiana 3 Clay Higgins Republican Nay Nay
Louisiana 4 Mike Johnson Republican Nay Nay
Louisiana 5 Ralph Abraham Republican Nay Nay
Louisiana 6 Garret Graves Republican Nay Nay
Maine 1 Chellie Pingree Democratic Yea Yea
Maine 2 Jared Golden Democratic Yea Nay
Maryland 1 Andy Harris Republican Nay Nay
Maryland 2 Dutch Ruppersberger Democratic Yea Yea
Maryland 3 John Sarbanes Democratic Yea Yea
Maryland 4 Anthony Brown Democratic Yea Yea
Maryland 5 Steny Hoyer Democratic Yea Yea
Maryland 6 David Trone Democratic Yea Yea
Maryland 8 Jamie Raskin Democratic Yea Yea
Massachusetts 1 Richard Neal Democratic Yea Yea
Massachusetts 2 Jim McGovern Democratic Yea Yea
Massachusetts 3 Lori Trahan Democratic Yea Yea
Massachusetts 4 Joe Kennedy III Democratic Yea Yea
Massachusetts 5 Katherine Clark Democratic Yea Yea
Massachusetts 6 Seth Moulton Democratic Yea Yea
Massachusetts 7 Ayanna Pressley Democratic Yea Yea
Massachusetts 8 Stephen F. Lynch Democratic Yea Yea
Massachusetts 9 Bill Keating Democratic Yea Yea
Michigan 1 Jack Bergman Republican Nay Nay
Michigan 2 Bill Huizenga Republican Nay Nay
Michigan 3 Justin Amash Independent Yea Yea
Michigan 4 John Moolenaar Republican Nay Nay
Michigan 5 Dan Kildee Democratic Yea Yea
Michigan 6 Fred Upton Republican Nay Nay
Michigan 7 Tim Walberg Republican Nay Nay
Michigan 8 Elissa Slotkin Democratic Yea Yea
Michigan 9 Andy Levin Democratic Yea Yea
Michigan 10 Paul Mitchell Republican Nay Nay
Michigan 11 Haley Stevens Democratic Yea Yea
Michigan 12 Debbie Dingell Democratic Yea Yea
Michigan 13 Rashida Tlaib Democratic Yea Yea
Michigan 14 Brenda Lawrence Democratic Yea Yea
Minnesota 1 Jim Hagedorn Republican Nay Nay
Minnesota 2 Angie Craig Democratic Yea Yea
Minnesota 3 Dean Phillips Democratic Yea Yea
Minnesota 4 Betty McCollum Democratic Yea Yea
Minnesota 5 Ilhan Omar Democratic Yea Yea
Minnesota 6 Tom Emmer Republican Nay Nay
Minnesota 7 Collin Peterson Democratic Nay Nay
Minnesota 8 Pete Stauber Republican Nay Nay
Mississippi 1 Trent Kelly Republican Nay Nay
Mississippi 2 Bennie Thompson Democratic Yea Yea
Mississippi 3 Michael Guest Republican Nay Nay
Mississippi 4 Steven Palazzo Republican Nay Nay
Missouri 1 Lacy Clay Democratic Yea Yea
Missouri 2 Ann Wagner Republican Nay Nay
Missouri 3 Blaine Luetkemeyer Republican Nay Nay
Missouri 4 Vicky Hartzler Republican Nay Nay
Missouri 5 Emanuel Cleaver Democratic Yea Yea
Missouri 6 Sam Graves Republican Nay Nay
Missouri 7 Billy Long Republican Nay Nay
Missouri 8 Jason Smith Republican Nay Nay
Montana at-large Greg Gianforte Republican Nay Nay
Nebraska 1 Jeff Fortenberry Republican Nay Nay
Nebraska 2 Don Bacon Republican Nay Nay
Nebraska 3 Adrian Smith Republican Nay Nay
Nevada 1 Dina Titus Democratic Yea Yea
Nevada 2 Mark Amodei Republican Nay Nay
Nevada 3 Susie Lee Democratic Yea Yea
Nevada 4 Steven Horsford Democratic Yea Yea
New Hampshire 1 Chris Pappas Democratic Yea Yea
New Hampshire 2 Ann McLane Kuster Democratic Yea Yea
New Jersey 1 Donald Norcross Democratic Yea Yea
New Jersey 2 Jeff Van Drew Democratic Nay Nay
New Jersey 3 Andy Kim Democratic Yea Yea
New Jersey 4 Chris Smith Republican Nay Nay
New Jersey 5 Josh Gottheimer Democratic Yea Yea
New Jersey 6 Frank Pallone Democratic Yea Yea
New Jersey 7 Tom Malinowski Democratic Yea Yea
New Jersey 8 Albio Sires Democratic Yea Yea
New Jersey 9 Bill Pascrell Democratic Yea Yea
New Jersey 10 Donald Payne Jr. Democratic Yea Yea
New Jersey 11 Mikie Sherrill Democratic Yea Yea
New Jersey 12 Bonnie Watson Coleman Democratic Yea Yea
New Mexico 1 Deb Haaland Democratic Yea Yea
New Mexico 2 Xochitl Torres Small Democratic Yea Yea
New Mexico 3 Ben Ray Luján Democratic Yea Yea
New York 1 Lee Zeldin Republican Nay Nay
New York 2 Peter T. King Republican Nay Nay
New York 3 Thomas Suozzi Democratic Yea Yea
New York 4 Kathleen Rice Democratic Yea Yea
New York 5 Gregory Meeks Democratic Yea Yea
New York 6 Grace Meng Democratic Yea Yea
New York 7 Nydia Velázquez Democratic Yea Yea
New York 8 Hakeem Jeffries Democratic Yea Yea
New York 9 Yvette Clarke Democratic Yea Yea
New York 10 Jerry Nadler Democratic Yea Yea
New York 11 Max Rose Democratic Yea Yea
New York 12 Carolyn Maloney Democratic Yea Yea
New York 13 Adriano Espaillat Democratic Yea Yea
New York 14 Alexandria Ocasio-Cortez Democratic Yea Yea
New York 15 José E. Serrano Democratic Not voting Not voting
New York 16 Eliot Engel Democratic Yea Yea
New York 17 Nita Lowey Democratic Yea Yea
New York 18 Sean Patrick Maloney Democratic Yea Yea
New York 19 Antonio Delgado Democratic Yea Yea
New York 20 Paul Tonko Democratic Yea Yea
New York 21 Elise Stefanik Republican Nay Nay
New York 22 Anthony Brindisi Democratic Yea Yea
New York 23 Tom Reed Republican Nay Nay
New York 24 John Katko Republican Nay Nay
New York 25 Joseph Morelle Democratic Yea Yea
New York 26 Brian Higgins Democratic Yea Yea
North Carolina 1 G. K. Butterfield Democratic Yea Yea
North Carolina 2 George Holding Republican Nay Nay
North Carolina 3 Greg Murphy Republican Nay Nay
North Carolina 4 David Price Democratic Yea Yea
North Carolina 5 Virginia Foxx Republican Nay Nay
North Carolina 6 Mark Walker Republican Nay Nay
North Carolina 7 David Rouzer Republican Nay Nay
North Carolina 8 Richard Hudson Republican Nay Nay
North Carolina 9 Dan Bishop Republican Nay Nay
North Carolina 10 Patrick McHenry Republican Nay Nay
North Carolina 11 Mark Meadows Republican Nay Nay
North Carolina 12 Alma Adams Democratic Yea Yea
North Carolina 13 Ted Budd Republican Nay Nay
North Dakota at-large Kelly Armstrong Republican Nay Nay
Ohio 1 Steve Chabot Republican Nay Nay
Ohio 2 Brad Wenstrup Republican Nay Nay
Ohio 3 Joyce Beatty Democratic Yea Yea
Ohio 4 Jim Jordan Republican Nay Nay
Ohio 5 Bob Latta Republican Nay Nay
Ohio 6 Bill Johnson Republican Nay Nay
Ohio 7 Bob Gibbs Republican Nay Nay
Ohio 8 Warren Davidson Republican Nay Nay
Ohio 9 Marcy Kaptur Democratic Yea Yea
Ohio 10 Mike Turner Republican Nay Nay
Ohio 11 Marcia Fudge Democratic Yea Yea
Ohio 12 Troy Balderson Republican Nay Nay
Ohio 13 Tim Ryan Democratic Yea Yea
Ohio 14 David Joyce Republican Nay Nay
Ohio 15 Steve Stivers Republican Nay Nay
Ohio 16 Anthony Gonzalez Republican Nay Nay
Oklahoma 1 Kevin Hern Republican Nay Nay
Oklahoma 2 Markwayne Mullin Republican Nay Nay
Oklahoma 3 Frank Lucas Republican Nay Nay
Oklahoma 4 Tom Cole Republican Nay Nay
Oklahoma 5 Kendra Horn Democratic Yea Yea
Oregon 1 Suzanne Bonamici Democratic Yea Yea
Oregon 2 Greg Walden Republican Nay Nay
Oregon 3 Earl Blumenauer Democratic Yea Yea
Oregon 4 Peter DeFazio Democratic Yea Yea
Oregon 5 Kurt Schrader Democratic Yea Yea
Pennsylvania 1 Brian Fitzpatrick Republican Nay Nay
Pennsylvania 2 Brendan Boyle Democratic Yea Yea
Pennsylvania 3 Dwight Evans Democratic Yea Yea
Pennsylvania 4 Madeleine Dean Democratic Yea Yea
Pennsylvania 5 Mary Gay Scanlon Democratic Yea Yea
Pennsylvania 6 Chrissy Houlahan Democratic Yea Yea
Pennsylvania 7 Susan Wild Democratic Yea Yea
Pennsylvania 8 Matt Cartwright Democratic Yea Yea
Pennsylvania 9 Dan Meuser Republican Nay Nay
Pennsylvania 10 Scott Perry Republican Nay Nay
Pennsylvania 11 Lloyd Smucker Republican Nay Nay
Pennsylvania 12 Fred Keller Republican Nay Nay
Pennsylvania 13 John Joyce Republican Nay Nay
Pennsylvania 14 Guy Reschenthaler Republican Nay Nay
Pennsylvania 15 Glenn Thompson Republican Nay Nay
Pennsylvania 16 Mike Kelly Republican Nay Nay
Pennsylvania 17 Conor Lamb Democratic Yea Yea
Pennsylvania 18 Mike Doyle Democratic Yea Yea
Rhode Island 1 David Cicilline Democratic Yea Yea
Rhode Island 2 James Langevin Democratic Yea Yea
South Carolina 1 Joe Cunningham Democratic Yea Yea
South Carolina 2 Joe Wilson Republican Nay Nay
South Carolina 3 Jeff Duncan Republican Nay Nay
South Carolina 4 William Timmons Republican Nay Nay
South Carolina 5 Ralph Norman Republican Nay Nay
South Carolina 6 Jim Clyburn Democratic Yea Yea
South Carolina 7 Tom Rice Republican Nay Nay
South Dakota at-large Dusty Johnson Republican Nay Nay
Tennessee 1 Phil Roe Republican Nay Nay
Tennessee 2 Tim Burchett Republican Nay Nay
Tennessee 3 Chuck Fleischmann Republican Nay Nay
Tennessee 4 Scott DesJarlais Republican Nay Nay
Tennessee 5 Jim Cooper Democratic Yea Yea
Tennessee 6 John Rose Republican Nay Nay
Tennessee 7 Mark E. Green Republican Nay Nay
Tennessee 8 David Kustoff Republican Nay Nay
Tennessee 9 Steve Cohen Democratic Yea Yea
Texas 1 Louie Gohmert Republican Nay Nay
Texas 2 Dan Crenshaw Republican Nay Nay
Texas 3 Van Taylor Republican Nay Nay
Texas 4 John Ratcliffe Republican Nay Nay
Texas 5 Lance Gooden Republican Nay Nay
Texas 6 Ron Wright Republican Nay Nay
Texas 7 Lizzie Pannill Fletcher Democratic Yea Yea
Texas 8 Kevin Brady Republican Nay Nay
Texas 9 Al Green Democratic Yea Yea
Texas 10 Michael McCaul Republican Nay Nay
Texas 11 Mike Conaway Republican Nay Nay
Texas 12 Kay Granger Republican Nay Nay
Texas 13 Mac Thornberry Republican Nay Nay
Texas 14 Randy Weber Republican Nay Nay
Texas 15 Vicente Gonzalez Democratic Yea Yea
Texas 16 Veronica Escobar Democratic Yea Yea
Texas 17 Bill Flores Republican Nay Nay
Texas 18 Sheila Jackson Lee Democratic Yea Yea
Texas 19 Jodey Arrington Republican Nay Nay
Texas 20 Joaquin Castro Democratic Yea Yea
Texas 21 Chip Roy Republican Nay Nay
Texas 22 Pete Olson Republican Nay Nay
Texas 23 Will Hurd Republican Nay Nay
Texas 24 Kenny Marchant Republican Nay Nay
Texas 25 Roger Williams Republican Nay Nay
Texas 26 Michael C. Burgess Republican Nay Nay
Texas 27 Michael Cloud Republican Nay Nay
Texas 28 Henry Cuellar Democratic Yea Yea
Texas 29 Sylvia Garcia Democratic Yea Yea
Texas 30 Eddie Bernice Johnson Democratic Yea Yea
Texas 31 John Carter Republican Nay Nay
Texas 32 Colin Allred Democratic Yea Yea
Texas 33 Marc Veasey Democratic Yea Yea
Texas 34 Filemon Vela Jr. Democratic Yea Yea
Texas 35 Lloyd Doggett Democratic Yea Yea
Texas 36 Brian Babin Republican Nay Nay
Utah 1 Rob Bishop Republican Nay Nay
Utah 2 Chris Stewart Republican Nay Nay
Utah 3 John Curtis Republican Nay Nay
Utah 4 Ben McAdams Democratic Yea Yea
Vermont at-large Peter Welch Democratic Yea Yea
Virginia 1 Rob Wittman Republican Nay Nay
Virginia 2 Elaine Luria Democratic Yea Yea
Virginia 3 Bobby Scott Democratic Yea Yea
Virginia 4 Donald McEachin Democratic Yea Yea
Virginia 5 Denver Riggleman Republican Nay Nay
Virginia 6 Ben Cline Republican Nay Nay
Virginia 7 Abigail Spanberger Democratic Yea Yea
Virginia 8 Don Beyer Democratic Yea Yea
Virginia 9 Morgan Griffith Republican Nay Nay
Virginia 10 Jennifer Wexton Democratic Yea Yea
Virginia 11 Gerry Connolly Democratic Yea Yea
Washington 1 Suzan DelBene Democratic Yea Yea
Washington 2 Rick Larsen Democratic Yea Yea
Washington 3 Jaime Herrera Beutler Republican Nay Nay
Washington 4 Dan Newhouse Republican Nay Nay
Washington 5 Cathy McMorris Rodgers Republican Nay Nay
Washington 6 Derek Kilmer Democratic Yea Yea
Washington 7 Pramila Jayapal Democratic Yea Yea
Washington 8 Kim Schrier Democratic Yea Yea
Washington 9 Adam Smith Democratic Yea Yea
Washington 10 Denny Heck Democratic Yea Yea
West Virginia 1 David McKinley Republican Nay Nay
West Virginia 2 Alex Mooney Republican Nay Nay
West Virginia 3 Carol Miller Republican Nay Nay
Wisconsin 1 Bryan Steil Republican Nay Nay
Wisconsin 2 Mark Pocan Democratic Yea Yea
Wisconsin 3 Ron Kind Democratic Yea Yea
Wisconsin 4 Gwen Moore Democratic Yea Yea
Wisconsin 5 Jim Sensenbrenner Republican Nay Nay
Wisconsin 6 Glenn Grothman Republican Nay Nay
Wisconsin 8 Mike Gallagher Republican Nay Nay
Wyoming at-large Liz Cheney Republican Nay Nay

Immediate response

A day after Trump's impeachment, the evangelical magazine Christianity Today published an editorial calling for his removal from office, stating that the president "attempted to use his political power to coerce a foreign leader to harass and discredit one of the president's political opponents. That is not only a violation of the Constitution; more importantly, it is profoundly immoral."[121][122] On December 21, conservative Bill Kristol and a group calling itself "Republicans for the Rule of Law" released an ad encouraging viewers to call their senators to demand top Trump officials be forced to testify in his impeachment trial.[123]

Trump has questioned the validity of the impeachment, citing Harvard law professor Noah Feldman, who argued that the impeachment has technically not taken place until the articles are handed to the Senate.[124] Jonathan Turley later refuted this argument in an op-ed.[125] Trump tweeted or retweeted over 20 messages criticizing Pelosi's handling of the impeachment during the first week of his holiday vacation to Mar-a-Lago.[126] On Christmas Day, he tweeted:

Why should Crazy Nancy Pelosi, just because she has a slight majority in the House, be allowed to Impeach the President of the United States? Got ZERO Republican votes, there was no crime, the call with Ukraine was perfect, with "no pressure." She said it must be "bipartisan & overwhelming," but this Scam Impeachment was neither. Also, very unfair with no Due Process, proper representation, or witnesses. Now Pelosi is demanding everything the Republicans weren't allowed to have in the House. Dems want to run majority Republican Senate. Hypocrites![127]

Attorney George T. Conway III and others have noted that if the relevant witnesses are not allowed to testify, Trump's defenders will be negatively affected by "the very evidence they sought to suppress".[128]

Impasse and final vote

Prior to the House impeachment vote, McConnell and Senate Judiciary Committee chairman Lindsey Graham expressed their intentions not to be impartial jurors, contrary to the oath they must take.[129][130] McConnell said, "I'm not an impartial juror. This is a political process. There is not anything judicial about it. Impeachment is a political decision."[131] Graham said, "I am trying to give a pretty clear signal I have made up my mind. I'm not trying to pretend to be a fair juror here ... I will do everything I can to make [the impeachment trial] die quickly."[132]

On December 15, with the support of all 47 Senate Democrats, Senate Minority Leader Charles Schumer wrote a letter to McConnell calling for Mick Mulvaney, Robert Blair,[lower-alpha 9] John Bolton,[lower-alpha 10] and Michael Duffey to testify, suggesting that pre-trial proceedings take place on January 6, 2020.[137][138] Two days later, McConnell rejected the call for witnesses to testify, saying that the Senate's role is simply to act as "judge and jury" and not to aid the impeachment process.[139][140] He also suggested that witnesses be called during the trial, as had happened after Clinton's impeachment.[141][lower-alpha 11][lower-alpha 12] Schumer said that he "did not hear a single sentence, a single argument as to why the witnesses I suggested should not give testimony",[143] citing bipartisan public support for testimony which could fill in gaps caused by Trump having prevented his staff from testifying in the House investigation.[141][144] On January 2, 2020, Schumer called newly unredacted emails from Trump administration officials "a devastating blow to Senator McConnell's push to have a trial without the documents and witnesses we've requested".[145][26][lower-alpha 13] At least four Republican senators needed to vote with Democrats for witnesses to be called.[145][lower-alpha 12] Republicans have suggested calling Joe and Hunter Biden to testify;[147] the former stated his objection to this, but said he would obey a subpoena.[148] Rudy Giuliani has stated his willingness to testify or even try the impeachment "as a racketeering case", despite being Trump's personal attorney and allegedly attempting to help him politically while searching for evidence against the Bidens in Ukraine.[149] On January 10, 2020, Trump told Laura Ingraham of Fox News that he would likely invoke executive privilege to keep Bolton from testifying "for the sake of the office".[136]

On December 18, 2019, the day of the impeachment, Pelosi declined to comment on when the impeachment resolution would be transmitted to the Senate, stating, "So far we haven't seen anything that looks fair to us."[150][151] The following day, McConnell met with Schumer briefly to discuss the trial.[152] After the Senate reconvened from its holiday break, Lindsey Graham proposed that he and McConnell "change the rules of the Senate so we could start the trial without [Pelosi], if necessary".[142][lower-alpha 11] On January 7, 2020, McConnell announced he had the caucus backing to pass a blueprint for the trial, which discussed witnesses and evidence after the opening arguments.[153] Pelosi called for the resolution to be published before she could proceed with the next steps,[154][155] but McConnell asserted that the House had no leverage and that there would be no negotiating over the trial.[156] This prompted several Democratic senators to voice their readiness to have the trial begin.[157] On January 9, Pelosi said she would deliver the articles soon, but continued to cite a need for Republican transparency in the Senate;[158] that same day, McConnell informed members of his caucus that he expected the trial to begin the next week,[159] and Senator Josh Hawley announced that McConnell had signed on as a co-sponsor to his resolution to dismiss articles of impeachment not sent to the Senate within 25 days.[160] On January 10, Pelosi announced she had "asked Judiciary Committee Chairman Jerry Nadler to be prepared to bring to the Floor next week a resolution to appoint managers and transmit articles of impeachment to the Senate".[161]

Nancy Pelosi engrossing the articles of impeachment on January 15, 2020

On January 14, 2020, Pelosi announced the House managers who would prosecute the case in the Senate.[162][163] On January 15, the House voted on Resolution 798, which appointed the impeachment managers and approved the articles of impeachment to be sent to the Senate. Later that afternoon, Pelosi held a rare public engrossment ceremony, followed by a stately procession of the managers and other House officers across the Capitol building, where the third impeachment of a U.S. president was announced to the senate.[164] Except for the managers, who would conduct the trial, the House's involvement in the impeachment process came to an end.

Voting results on House Resolution 798
(Appointing and authorizing managers for the impeachment trial of Donald John Trump, President of the United States)
Party Yea Nay Present Not voting
Democratic (232) 227
Republican (197) 192
Independent (1)
Total (435)[lower-alpha 14][165] 228 193 0 9
Result Adopted[lower-alpha 8]

Trial

Preparation

While the impeachment inquiry was underway, Senate majority leader Mitch McConnell started planning a possible trial. On October 8, 2019, he led a meeting on the subject, advising his caucus to say that they opposed the House process and as little else as possible.[166] In November, he shot down the idea that the articles of impeachment should be dismissed, stating that "the rules of impeachment are very clear, we'll have to have a trial."[167] On December 12, as the articles were being considered by the House Judiciary Committee, McConnell met with White House counsel Pat Cipollone and Director of Legislative Affairs Eric Ueland.[168] McConnell stated later that day, "Everything I do during this I'm coordinating with the White House counsel. There will be no difference between the president's position and [ours][169]... I'm going to take my cues from the president's lawyers." McConnell added that the coordination with the White House would also pertain to whether witnesses would be allowed to testify,[168][169] and told Sean Hannity of Fox News that there was no chance Trump would be convicted, expressing his hope that all Senate Republicans would acquit the president of both charges.[170] Republican senators Lisa Murkowski and Susan Collins criticized McConnell's comments regarding coordinating with the White House.[171] Collins has been critical of Democratic senator Elizabeth Warren for prejudging the trial.[172]

Officers

The U.S. Constitution stipulates that the Chief Justice of the United States presides over impeachment proceedings when the President is tried.[173][174][lower-alpha 15] The current chief justice was John Roberts, who was appointed by President George W. Bush in 2005. The House managers, acting as prosecutors for the case, were several Democratic representatives, consisting of Adam Schiff as lead manager, Jerry Nadler, Zoe Lofgren, Hakeem Jeffries, Val Demings, Jason Crow, and Sylvia Garcia.[162][163] Trump named a defense team led by White House Counsel Pat Cipollone and his private attorney Jay Sekulow, who previously represented Trump in the Russia investigation. They were joined by celebrity law professor Alan Dershowitz, former Independent Counsel Kenneth Starr, former Deputy Independent Counsel Robert Ray, former Florida Attorney General Pam Bondi, and former Federal Prosecutor Jane Raskin[176]

Process and schedule

Article I, Section 3, Clause 6 of the U.S. Constitution states that "[t]he Senate shall have the sole Power to try all Impeachments."[105] Per the Senate's impeachment rules adopted in 1986, the submission of the articles to the Senate initiated the trial.[177][152] The articles were formally delivered on January 15, 2020, and were presented the following day.[178]

At the end of the session on January 21, the Senate voted along party lines to pass McConnell's proposed trial rules and reject 11 amendments proposed by Democrats.[179] McConnell stated that he wanted to follow the rules laid down during the Clinton trial in 1999, which had the morning reserved for Senate business and the afternoon hours reserved for the trial,[180] but his resolution increased the hours spent per day on opening arguments from six to eight hours.[181] The resolution also included provisions for a vote on whether to subpoena witnesses or documents after opening arguments.[179][182][183]

The prosecution's opening arguments and presentation of evidence took place between January 22 and 24, 2020.[184][185][186] On the first day, Schumer called the previous evening "a dark night for the Senate", when the White House, in response to a Freedom of Information Act lawsuit, released new evidence including a string of heavily redacted emails revealing details about how the Office of Management and Budget froze aid to Ukraine.[184][185][186][lower-alpha 16]

Trump's defense presentation began on January 25. The primary arguments were a lack of direct evidence of wrongdoing and that Democrats were attempting to use the impeachment to steal the 2020 election.[188][lower-alpha 17] Professor Alan Dershowitz argued that while a president can be impeached for committing a criminal act, irrespective of motive, the idea of a 'quid pro quo' being a basis for removal from office requires that the 'quo' be something illegal, and that simply having mixed motives for requesting a legal act (an investigation into alleged corruption) would not be sufficient grounds for impeachment. He observed that all politicians act with an eye and motive toward re-election and that such motive neither makes illegal acts lawful nor unlawful act legal.[190] This position was criticized by Democratic political consultant and commentator Paul Begala in an editorial that did not address the legality/illegality aspect of the analysis.[191]

On January 31, after a planned debate session, the Senate voted against allowing subpoenas to call witnesses, including former national security advisor John Bolton (who wrote in his forthcoming book mentioning Ukraine aid freezing)[192] or documents with a 51–49 vote.[193] 51 Republican senators voted against calling witnesses, while 45 Democratic senators, two independents who typically voted Democratic, and two Republicans (Mitt Romney and Susan Collins) voted for witnesses.[194]

Acquittal

Under the U.S. Constitution, two-thirds of the Senate is required to convict the president. The possible penalties are the removal from office and disqualification from holding office in the future.[195][196][188] On February 5, 2020, the Senate acquitted Trump on both counts. The votes were 48–52 to convict on the first count and 47–53 to convict on the second count, both short of the two-thirds majority needed to convict, therefore resulting in acquittal. The votes were sharply divided along party lines.[197] Mitt Romney became the first senator in history from an impeached president's party to vote to convict, voting "guilty" on the first count.

Voting results[198][199]
Party Article I (Abuse of power) Article II (Obstruction of Congress)
Guilty Not guilty Guilty Not guilty
Democratic (45) 45 45
Republican (53) 52 53
Independent (2)
Total (100) 48 52 47 53
Result Not guilty[lower-alpha 18] Not guilty[lower-alpha 18]

Public opinion

Before the trial, in mid January 2020, Americans were sharply divided on whether Trump should be removed from office, with Democrats largely supporting removal, Republicans largely opposing, and independents divided.[200] A USA Today/Suffolk University poll conducted between December 10 and 14, 2019, found that 45% of respondents supported the impeachment and removal of Trump from office, while 51% opposed it.[201] A CNN poll conducted from December 12 to 15 also found 45% supported impeachment and removal, compared to 47% who opposed the idea.[202] A Gallup poll released on the day of Trump's impeachment found that the president's approval rating increased by six points during the impeachment process, while support for the impeachment fell.[203] Another CNN poll conducted between January 16 and 19, 2020, found that 51% supported Trump's removal from office, compared to 45% who opposed it.[204] An NBC/Wall Street Journal poll released on January 2, 2020, showed 46% favored removal from office and 49% opposed, with the in favor/opposed being almost exclusively along party lines.[205]

Polling of Americans on the impeachment and removal from office of Trump
Poll source Date(s) conducted Sample size Margin of error Support[lower-alpha 19] Oppose[lower-alpha 19] Undecided
Yahoo! News / YouGov[206][207] December 4–6, 2019 1500 ± 2.8% 47% 39% 14%
Monmouth University[208] December 4–8, 2019 903 ± 3.3% 45% 50% 5%
Fox News[209] December 8–11, 2019 1000 RV ± 3% 50% 41% 5%
NPR / PBS NewsHour / Marist[210][211] December 9–11, 2019 1744 ± 3.5% 46% 49% 5%
USA Today / Suffolk[201][212] December 10–14, 2019 1000 RV ± 3% 45.2% 50.5% 4.3%
Quinnipiac University[213] December 11–15, 2019 1390 RV ± 4.1% 45% 51% 4%
CNN / SSRS[202] December 12–15, 2019 888 RV ± 3.7% 45% 47% 9%
December 18, 2019 Donald Trump is impeached by the House of Representatives
Politico / Morning Consult[214][215] December 19–20, 2019 1387 RV ± 3.0% 51% 42% 6%
The Economist / YouGov[216][217] December 22–24, 2019 1500 ± 2.9% 44% 41% 14%
CNN / SSRS[204] January 16–19, 2020 1156 ± 3.4% 51% 45% 4%
NBC / The Wall Street Journal [205] January 26–29, 2020 1000 RV ± 3.1% 46% 49% 5%

Aftermath

Donald Trump holds up a copy of The Washington Post reporting his acquittal during remarks on February 6, 2020, in the East Room of the White House

Two days after the Senate acquitted him in the impeachment trial, Trump fired two witnesses who testified in the impeachment inquiry about his conduct.[218][219] On February 7, Gordon Sondland's ambassadorship was terminated, and Lieutenant Colonel Alexander Vindman was escorted from the White House after a dismissal from his job on the National Security Council. At the same time, Vindman's twin brother Yevgeny, likewise an Army lieutenant colonel on the National Security Council, was also dismissed.[218] Shortly before the firings, Trump said he was "not happy" with Alexander Vindman; after the firings, Trump said he "didn't know" Alexander Vindman but he was "very insubordinate".[219] Alexander Vindman's lawyer responded that his client "was asked to leave for telling the truth. His honor, his commitment to right, frightened the powerful." Sondland reacted by stating that he was "grateful to President Trump for the opportunity to serve".[218]

In April 2020, Trump fired Michael K. Atkinson, the inspector general of the intelligence community.[220][221] Trump further complained that Atkinson "never even came in to see me. How can you [forward the complaint] without seeing the person?"; he also concluded that Atkinson was "not a big Trump fan".[222] Atkinson responded that he believed Trump had fired him for "having faithfully discharged my legal obligations as an independent and impartial inspector general, and from my commitment to continue to do so".[223]

Biden would be elected President of the United States that November. The subsequent storming of the U.S. Capitol would lead to Trump's unprecedented second impeachment.

See also

Notes

  1. Intended to help Ukraine in its war against Russian-backed separatist forces in Donbass[3]
  2. Johnson sought election to a full term, but failed to gain the nomination of his (Democratic) party, and the election was won by (Republican candidate) Ulysses S. Grant.
  3. Nixon was pardoned for his crimes by his successor, Gerald Ford.
  4. Clinton was found to be guilty of civil contempt of court stemming from the Jones v. Clinton case over his testimony. Clinton ended up agreeing to a five-year suspension from practicing law in Arkansas. The Supreme Court suspended Clinton from the Supreme Court bar for his Arkansas suspension. Clinton would resign from the bar during the appeal process of disbarment from the court.[12][13]
  5. This remained classified until December 2019.[26][27]
  6. Agreement based on a simple majority. Of the 41 members, Ted Lieu, who represented California's 33rd, was ill and not present to vote, leaving 40 votes. Being an even number, half plus one is needed for a majority, yielding 21 as the number of Aye votes for agreement.
  7. Of the 435 House seats for the 116th Congress's first session, four were vacant: Maryland's 7th, New York's 27th, Wisconsin's 7th, and California's 25th. Three members were not present for the vote: Duncan D. Hunter from California's 50th was banned from voting, José E. Serrano from New York's 15th was prevented from voting due to medical issues; and John Shimkus from Illinois's 15th was on personal trip to Tanzania. This left 428 votes but, being an even number, half plus one is needed for a majority, yielding 215 as the number of yea votes for adoption.[120]
  8. Adoption based on a simple majority.
  9. One of Mulvaney's top aides until being promoted by Trump on December 23 to a special representative for global telecommunications policy.[133]
  10. The former national security advisor did not attend his scheduled House deposition on November 7, 2019, and threatened to take legal action if he was subpoenaed. According to a House Intelligence Committee official, this is evidence of the president's obstruction of Congress.[134] On January 6, 2020, Bolton said that he would be willing to testify in the Senate trial if subpoenaed.[135] However, Trump has said that he would invoke executive privilege to keep him from testifying.[136]
  11. Graham also proposed that the trial "use the Clinton model, where you ... let the House managers ... make the argument, let the president make his argument why the two articles are flawed, and then we'll decide whether we want witnesses."[142]
  12. Senators Susan Collins and Mitt Romney expressed their openness to calling witnesses.[146] McConnell, Graham, Murkowski, and Collins suggested that this happen later in the trial,[142][145] with McConnell citing the 100–0 agreement on a similar process following Clinton's impeachment.[146]
  13. A further 20 emails remain fully undisclosed.[28]
  14. Of the 435 House seats for the 116th Congress's first session, five were vacant: Maryland's 7th, New York's 27th, Wisconsin's 7th, California's 25th, and California's 50th. Nine members were not present for the vote, four Democrats and five Republicans: Lacy Clay from Missouri's 1st, Ann Kirkpatrick from Arizona's 2nd, Tulsi Gabbard from Hawaii's 2nd, John Lewis from Georgia's 5th, Kenny Marchant from Texas's 24th, Rick Crawford from Arkansas's 2nd, Debbie Lesko from Arizona's 8th, Tom McClintock from California's 4th, and Mike Simpson Idaho's 2nd. This left 421 votes, half of which rounded up yields 211 as the number of yea votes for adoption.
  15. The office of Chief Justice is only mentioned once in the constitution and it is in relation to impeachment trials of the president.[175]
  16. The night after the Senate voted against subpoenaing witnesses in the trial, the Justice Department and a lawyer for the Office of Management and Budget acknowledged that some of the emails which remain undisclosed due to executive privilege contain details about why military aid to Ukraine was frozen.[187]
  17. Trump has also argued that the impeachment's timing was designed to hurt Bernie Sanders' presidential campaign by forcing him to focus on the trial instead.[189]
  18. Guilt based on "the Concurrence of two thirds of the Members present" according to the Constitution (Article 1, Section 3, Clause 6). There are 100 Senate seats (two per U.S. state) and all Senators were present at the trial. Two-thirds of 100 is 66.6, so 67 guilty votes are needed for a guilty verdict.
  19. These polls are color-coded relative to the margin of error (×2 for spread). If the poll is within the doubled margin of error, both colors are used. If the margin of error is, for example, 2.5, then the spread would be 5, so a 50% support / 45% oppose would be tied.

References

  1. Fandos, Nicholas; Shear, Michael D. (December 18, 2019). "Trump Impeached for Abuse of Power and Obstruction of Congress – Voting nearly along party lines, as a political stunt, the democrat House approved two articles of impeachment against President Trump, making him the third president in history to face removal by the Senate". The New York Times. Archived from the original on January 19, 2020. Retrieved December 18, 2019.
  2. Ewing, Philip (February 5, 2020). "'Not Guilty': Trump Acquitted On 2 Articles Of Impeachment As Historic Trial Closes". NPR. Retrieved February 8, 2021.
  3. Kramer, Andrew E. (November 7, 2019). "Ukraine's Zelensky Bowed to Trump's Demands, Until Luck Spared Him". The New York Times. Archived from the original on November 7, 2019. Retrieved November 26, 2019.
  4. Vindman, Alexander (August 1, 2021). "What I Heard in the White House Basement". The Atlantic. Retrieved July 18, 2022.
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