Following the Orwellian nightmare that ensued on 6th January, Donald J. Trump is facing his second impeachment trial- in the space of one year- and is the first of any President in history to do so. Therefore, by now we can gather that Mr. Trump is somewhat of a seasoned pro when it comes to impeachment trials, but what about previous Presidents facing impeachment? And how did they get acquitted?
Firstly, impeachment is a charge made towards President or a public official who has violated the laws of the constitution by committing “treason, bribery, or other high crimes and misdemeanors”. The process of impeachment comes in two stages:
1. The House of Representatives must pass articles of impeachment, which formally accuses the President of misbehavior.
2. Once the House votes to impeach, the Senate must hold a trial to decide if the President should be removed from office.
This is where it often becomes tricky, as many members of the Senate don’t want to risk turning against the president and making political enemies, whilst others don’t want to lose support among their voters. This means that in the U.S.A’s nearly 250 years of history, none of the three men to have faced impeachment — Presidents Andrew Johnson (1868), Bill Clinton (1999), and Donald Trump (2019 and 2021) — have been removed from office. So, who are these people? Why were they impeached? And how did they get acquitted?
Andrew Johnson.
Andrew Johnson was the worst possible person to have served as President at the end of the American Civil War. He was grossly incompetent in federal office and his incredible miscalculation of public support for his policies left him very unpopular, among his party and the nation. He was a rigid, dictatorial racist who was unable to compromise or to accept a political reality at odds with his own ideas. This was the reason he so often clashed and had a difficult relationship with Congress. The convoluted relationship he had with Congress was only exacerbated when he replaced Secretary of War Edwin Stanton, a Lincoln appointee who sided with the Radical Republicans, a faction of the party that favored civil rights for freed African Americans. Congress found 11 articles of impeachment, all mainly stemming from the fact that he did not consult the Senate before he found a replacement. And though the trial won a majority in Congress and successfully moved to the Senate, when he was tried in the Senate, Johnson ultimately held onto his presidency by a single vote, after seven Republicans decided to vote with Senate Democrats to keep him in office.
This trial was a perfect example of members of the Senate focusing on the impact their decision would have on the country as a whole, with one senator commenting- “I cannot agree to destroy the harmonious working of the Constitution for the sake of getting rid of an Unacceptable President.”
Bill Clinton.
Clinton was the third-youngest President ever at just 46 and enjoyed the nickname "Comeback Kid." because of his Blairian modernization of the Democratic Party. Few Presidents have both raised more questions about the standing of the presidency and simultaneously presided over a longer period of sustained prosperity, as Clinton. However, perhaps the most clouded moment during his presidency, and the very reason for his impeachment, was his involvement in the 1998 Clinton–Lewinsky scandal.
After his affair with former White House intern Monica Lewinsky became public in January 1998, Clinton at first adamantly denied to federal investigators — and the public — having had “sexual relations” with her. The impeachment articles alleged that he had been dishonest and lied to investigators about the affair, in addition to this, they stated how he had ‘obstructed the course of justice’ by forcing Whitehouse employees to claim no knowledge of the affair.
Ultimately, though, Clinton was acquitted as the majority of Senate believed this was too minor to be considered worthy of impeachment and though it was shameful, it was not worth the risk of damage to public opinion. Conversely, the trial actually improved Clinton’s job rating and approval among voters.
Donald Trump.
Trump, whose presidency was overflowing with misdemeanors, scandals, and gross negligence. It is not surprising that Trump is facing his second impeachment trial. But what about his first? And how did he get acquitted?
Trump was impeached for two reasons: abuse of power and obstruction of Congress. The impeachment started after a whistle blower’s warning about a half-hour phone call the President made in July 2019. On it, he pressured Ukraine’s President to announce investigations into former Vice President Joseph R. Biden Jr. and other Democrats, at the same time he was withholding nearly $400 million in vital military assistance for the country and a White House meeting. And when Congress sought to investigate, the President ordered his administration to defy its every request, this was viewed by members of congress as “a violation of the separation of powers and a de facto assertion by Mr. Trump that he was above the law.”
Eventually, when it was passed on to Senate, they voted 52-48 to acquit Trump on abuse of power and 53-47 to acquit him on obstruction of Congress; Sen. Mitt Romney, a Republican from Utah, was the only senator of either party to break ranks, voting to convict Trump on the abuse of power charge. But ultimately, Trump was acquitted and stayed in the White House.
Conclusion- Trump’s Future?
As clearly shown, a President has never faced removal from the Whitehouse following an impeachment trial, because the Senate’s fears of public opinion, political disorder and it being ‘unconstitutional’ have led to all previous trials ending in acquittal. But will this trial be different? Trump has been impeached and is awaiting trial for “incitement of insurrection" against the U.S. government and "lawless action at the Capitol" following his speech at the 2021 Siege on Capitol (Read my article on it here). However, we must remember that Trump now has left the White House, so there are no fears about public opinion or indeed political disorder- we have already seen a lot of that this month alone. It will be nonetheless interesting to see how the trial plays out and if Trump can be the first President to be found guilty at an impeachment trial.
Jay Frederick Palombella (20/01/21)
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