How the impeachment process is supposed to work

Ed. here. We no sooner posted "After years sitting on the pot, Pelosi finally...", in which Walt intimated that his understanding of the impeachment process was less than perfect, when Agent 3 passed along a guide to how the process works, by Alexandra Mae Jones, on the CTV News website. We trust Ms Jones and CTV will not mind our reposting the main part of her concise and lucid explanation.

What is impeachment?

Impeachment is the process to remove an official, and is enshrined in the U.S. Constitution. It can happen at the state or federal level. In the case of impeaching a sitting president, the House of Representatives can call for impeachment to begin if they believe that the president is guilty of “treason, bribery, or other high crimes and misdemeanors,” according to the Constitution.

There is no specific definition of a “high crime” included in the Constitution, but the concept is essentially aimed at preventing corruption by high-level officials. Although impeachment involves a trial, it’s not a criminal process, merely one to remove an official from office. Criminal charges being brought against an individual is a separate matter.

How does it happen?

An individual member of the House could simply introduce an impeachment resolution like any other bill, which would then be reviewed by a committee, likely the House Judiciary Committee. Or the House Judiciary Committee can first hold their own investigation and bring articles of impeachment against the president, and present that evidence to the House. (“Articles of impeachment” simply refers to the charges against a president).

The next step would be for the evidence to be presented before the House for a vote. House Judiciary Committee Chairman Jerrold Nadler has declared previously that his committee has already been conducting impeachment hearings, but the panel has been unable to get many key witnesses and documents from the Trump administration.

Ultimately, the full House votes on whether or not to impeach. A majority vote is needed for the impeachment to pass. If the House passes a vote to impeach, it doesn’t mean the president gets removed immediately. The case then moves to the Senate, where a trial is held.

The House appoints members to act as prosecutors in the Senate. The president would have defense lawyers to defend him. The chief justice of the Supreme Court would preside over the Senate trial. It comes down to a final Senate vote. At least two thirds of the Senate needs to vote to impeach in order for the motion to pass.

If impeachment is successful, the president would be immediately removed from office, and the vice president would take over until an election.

How often has impeachment been successful?

No sitting president has been removed from office due to impeachment so far, although impeachment proceedings have been brought against three different presidents.

Andrew Johnson in 1868 and Bill Clinton in 1998 both were ultimately acquitted and allowed to complete their presidential terms. Richard Nixon resigned in 1974 when impeachment proceedings were brought against him for his role in the Watergate scandal, preventing the House from impeaching him.