Impeachment 101: 5 Questions With Randall Miller, Ph.D.

Randall Miller, Ph.D., professor of history and American political history expert, breaks down the history of impeachment in America and what could be next for the Trump administration.

What is an impeachment inquiry and how does the process work?

An impeachment inquiry means that Congress believes the President or another civil officer has committed an offense or offenses so grave that they warrant removal from office. In this case, the offense is the July 25, 2019 call President Trump made to the new Ukraine President Volodymyr Zelensky, during which President Trump asked Mr. Zelensky to do him a favor by looking into supposed corruption by Joseph Biden and his son Hunter Biden — a request that can be seen as a direct attempt to get Ukraine to help the President’s re-election effort in 2020. That call, based on a partial transcript, provided the “proof” sufficient to start an impeachment investigation in the House of Representatives. Such an investigation has no fixed timetable, though the politics of such an investigation and the strength of evidence might dictate how long or short the process goes.

The announcement of the inquiry was the first step of the formal process. House Speaker Nancy Pelosi has directed six House committees to gather all information and evidence relevant to the issue but especially charged the House Intelligence Committee to take the lead in doing so. The committees will need to present findings to the House Judiciary Committee, who will decide if articles of impeachment should be presented to the full House. If the full House votes in favor of the articles, it will go to the Senate for trial. The President could bring his own lawyer representation to the Senate trial or rely on Senators for his defense. Ultimately, two-thirds of the Senate would need to vote to convict President Trump of one or more of any article(s) of impeachment to remove him from office.

How common is an impeachment inquiry?

Impeachment of a president is rare, though it has been used to remove judges and others. This is only the fourth time in the country’s history that the House of Representatives has launched an impeachment inquiry of a president.

Which other U.S. presidents have been impeached?

The impeachment of Andrew Johnson was initiated in 1868; that of Richard Nixon in 1974; and that of Bill Clinton in 1998. President Nixon resigned before he was impeached. Presidents Johnson and President Clinton were both impeached and tried, but neither was convicted or removed from office. The impeachment of President Johnson did have the effect of chastening him and causing him to stop his obstructions of congressional legislation. Clinton’s impeachment had the ironic effect of rallying public opinion to support him and cost the Republicans in the 1998 elections.

What parallels or differences do you see between this formal impeachment inquiry and previous inquiries?

Every impeachment inquiry is unique. The most significant difference I see when comparing this inquiry to President Nixon’s is there is no bipartisan agreement this time around — as of yet, anyway. The Republican Party has not separated itself from President Trump, and public opinion has not demanded impeachment enough to force Republicans’ to support it.

Another contrast is the offenses that triggered formal impeachment proceedings. President Nixon’s offenses were related to his systematic and sustained governmental abuse of power and President Clinton’s offenses stemmed from a personal affair and lying under oath. Although various Democrats in the House have sought to impeach Mr. Trump for abuses of power, violations of his oath of office, and other offenses, Speaker Pelosi has insisted that the House laser-focus on the Ukrainian incident because it’s blatant and something the public can easily understand.

How does this impact the upcoming 2020 election?

The impeachment inquiry is taking place at a transformative time as we are only a little more than a year away from our next presidential election.

A president has never been removed from office, so this would be a first if it happens. If this were to occur, it would need to be determined if he could run for a second term. If President Trump is not removed from office before his current term is up, this could be an opportunity for him to galvanize his supporters and strengthen his momentum ahead of the 2020 election.

The Democratic Party needs to shift public opinion to be in their favor and are hoping to do this by showing the facts. Doing so might persuade voters to potentially support a Democratic presidential candidate in 2020, even if the President is not impeached or convicted. The impeachment process might also consume Democratic candidates causing them to lose support from people wanting other issues addressed. This reminds us that impeachment is always a political process, not just a constitutional protection.