Opinions about whether to impeach Donald Trump differ. In one poll (Harvard/Harris) 60 percent of Democrats favor impeachment (76 percent in another recent poll - CNN); 36 percent of independents favor no action, and 37 percent of all voters support impeachment and removing Trump (41 percent in the CNN poll). These differences in opinion are due undoubtedly to a lack of shared understanding about what is meant by impeachment.
There have been three previous instances of a Presidential impeachment: Andrew Johnson (1866), Richard Nixon (1974), and Bill Clinton (1998). First, in all three impeachments, there was a pre-impeachment investigation followed by an impeachment investigation; the time and intensity of these investigations varied. Andrew Johnson’s pre-impeachment investigation was conducted by a Joint Committee on Reconstruction. This committee was able to quickly call for Johnson’s impeachment because of his long-standing sabotage of reconstruction. Following the approval of a resolution to impeach, a second committee was established to draft the articles of impeachment.
The Senate Select Committee on Campaign Activities conducted the pre-investigation for Richard Nixon’s impeachment. Notably, this Select Committee heard testimony from John Dean and discovered the existence of the Watergate tapes. The House Judiciary Committee initiated the impeachment investigation against Nixon about nine months after the Senate Select Committee had begun its work. The Judiciary Committee sued Nixon to obtain the Watergate tapes and approved articles of impeachment.
Bill Clinton faced two pre-investigations lasting years and conducted by two independent counsels, appointed under a law that expired in 1999. After the first independent counsel, Robert Fiske failed to uncover wrongdoing by Clinton in Arkansas real estate, a second independent counsel, Ken Starr, was appointed. Starr, like Fiske, was unable to uncover real estate wrongdoing but did discover accusations of sexual misconduct. Following Starr’s presentation of the report to Congress and the public, the House passed a resolution permitting the Judiciary Committee to investigate and draft articles of impeachment.
Second, after articles of impeachment have been drafted, the articles may be moved to the House of Representatives for approval. Although it has never happened, it is also possible that the committees responsible for drafting articles of impeachment could table the resolution, and no impeachment vote would be taken.
Third, if a majority of the House approves the articles of impeachment, then the impeachment is referred to the Senate for their consideration. The Chief Justice of the Supreme Court presides over the President’s trial with the Senators acting as the jury.
All three of these stages are referred to as impeachment. But the process could end at any of these stages. Moreover, either hearings or prosecutions could be conducted as a part of the impeachment process. There is no magic to how the proceedings are labeled.
There have been three previous instances of a Presidential impeachment: Andrew Johnson (1866), Richard Nixon (1974), and Bill Clinton (1998). First, in all three impeachments, there was a pre-impeachment investigation followed by an impeachment investigation; the time and intensity of these investigations varied. Andrew Johnson’s pre-impeachment investigation was conducted by a Joint Committee on Reconstruction. This committee was able to quickly call for Johnson’s impeachment because of his long-standing sabotage of reconstruction. Following the approval of a resolution to impeach, a second committee was established to draft the articles of impeachment.
The Senate Select Committee on Campaign Activities conducted the pre-investigation for Richard Nixon’s impeachment. Notably, this Select Committee heard testimony from John Dean and discovered the existence of the Watergate tapes. The House Judiciary Committee initiated the impeachment investigation against Nixon about nine months after the Senate Select Committee had begun its work. The Judiciary Committee sued Nixon to obtain the Watergate tapes and approved articles of impeachment.
Bill Clinton faced two pre-investigations lasting years and conducted by two independent counsels, appointed under a law that expired in 1999. After the first independent counsel, Robert Fiske failed to uncover wrongdoing by Clinton in Arkansas real estate, a second independent counsel, Ken Starr, was appointed. Starr, like Fiske, was unable to uncover real estate wrongdoing but did discover accusations of sexual misconduct. Following Starr’s presentation of the report to Congress and the public, the House passed a resolution permitting the Judiciary Committee to investigate and draft articles of impeachment.
Second, after articles of impeachment have been drafted, the articles may be moved to the House of Representatives for approval. Although it has never happened, it is also possible that the committees responsible for drafting articles of impeachment could table the resolution, and no impeachment vote would be taken.
Third, if a majority of the House approves the articles of impeachment, then the impeachment is referred to the Senate for their consideration. The Chief Justice of the Supreme Court presides over the President’s trial with the Senators acting as the jury.
All three of these stages are referred to as impeachment. But the process could end at any of these stages. Moreover, either hearings or prosecutions could be conducted as a part of the impeachment process. There is no magic to how the proceedings are labeled.
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