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Impeachment: the Process, the History, and the Current Investigation

By DEANNA REYNOLDS

What does the process of impeachment entail?  What is currently happening with President Trump’s impeachment? Over the past few weeks, America has witnessed history being made as House Democrats, led by House Speaker Nancy Pelosi, have moved to impeach Trump, and have published two articles of impeachment.  But, here is a brief summary before we dive in.

 

An impeachment means to level charges against a government official.  Being impeached, does not mean to be removed from office, it is essentially a statement of criminal charges against government officials.  The charges may be brought up against a president for any “high crimes or misdemeanors,” as stated in the Constitution. In general, impeachable offenses are usually those in which an official, or president, abuses office when it results in harm to the citizens.

 

In the past, there have been two official presidential impeachments. They were the impeachments of Andrew Johnson, the 17th president, and Bill Clinton, the 42nd president.  However, Richard Nixon, the 37th president, had an impeachment inquiry, but not an official impeachment. None of these presidents have been removed from office due to their charges. 

 

In summary, the full process of impeachment in the United States is the following.  First, there is an initiation of a full impeachment inquiry, and in Trump’s situation, this was led by Nancy Pelosi.  Following this, there are usually a few closed door testimonies, where subpoenas are issued, or writs of summons are issued to compel testimony by witnesses or production of evidence. Following this, the House of Representatives will vote on the rules of the impeachment inquiry.

 

After a structure to the inquiry is agreed upon, many public hearings will follow, including Intelligence Committee hearings, in this case being led by Representatives Adam B. Schiff and Devin Nunes, followed by a report, and Judiciary Committee hearings, followed by a report.  In 1974, during Nixon’s impeachment inquiry, there were multiple televised Judiciary Committee hearings, and in 1998, during Clinton’s impeachment inquiry, there were four hearings, lasting two days. 

 

When the hearings are concluded, the articles of impeachment are proposed, revised, then approved by the Judiciary Committee.  In Trump’s case, the two articles approved were for the abuse of power and obstruction of Congress. In Nixon’s case, the three articles approved were for the obstruction of the Watergate investigation, abuse of power, and defiance of house subpoenas.  In Clinton’s case, there were four articles approved, them being for perjury in the grand jury, perjury in the civil case, obstruction of justice, and abuse of power. After these are approved, they move to the House of Representatives for a vote to impeach the president or end the process.

 

Currently, as of December 17th, the House has not finished voting on the articles, meaning that the impeachment is not official yet.  With Nixon, he resigned before the voting was finished, so he was never officially impeached. In Johnson’s case, the House voted to impeach him and notified the Senate before the articles of impeachment were even drafted. 

 

After the House votes on impeachment, a team of lawmakers, called the House managers is assembled, to prepare for the trial.  The president is then issued a subpoena and prepares for the trial. During the trial, there is questioning by the senators, examination of evidence, and closing arguments. Following the trial, the Senate will deliberate behind closed doors on the final decision, and then they will vote to remove the president from office or to acquit the president.  

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