Can Donald Trump be impeached

Checked on February 1, 2026
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Executive summary

Yes — under the Constitution the House can impeach Donald Trump and the Senate can try and potentially convict him; he has in fact been impeached twice already by the House (first in 2019 and again in 2021), and Senate conviction requires a two‑thirds vote to remove him from office [1] [2] [3]. Whether any new impeachment succeeds is political as well as legal: articles can be filed (several are pending in the 119th Congress) but removal or disqualification depends on the composition and will of Congress [4] [5].

1. Constitutional mechanics: who impeaches and who convicts

The Constitution vests impeachment power in the House of Representatives and trial and conviction power in the Senate, with conviction of a president requiring the concurrence of two‑thirds of the Senators present and voting; the Senate trial for a president is presided over by the Chief Justice [6] [2]. The House initiates by adopting articles of impeachment; the Senate then holds a trial — a process repeatedly described in congressional and legal guides [3] [6].

2. Precedent: Trump has been impeached twice and the Senate has tried late impeachments

Donald Trump is the only U.S. federal official to be impeached twice; the House impeached him in December 2019 and again in January 2021, and in both instances the Senate did not convict [1] [7]. The Senate has also addressed the question of jurisdiction over a former president and voted that a Senate court of impeachment could consider acts committed while a president even after the term expired — a precedent relevant to “late” impeachment attempts [8] [7].

3. Grounds and current filings: what Congress is alleging now

Multiple articles filed in the 119th Congress set out broad charges — including obstruction of justice, abuse of power, bribery, creation of an unlawful office, and threats to democratic processes — with specific resolutions (for example H.Res.353 and H.Res.537) detailing seven or more articles of impeachment and alleging threats to democratic institutions [4] [5] [9]. These texts are political instruments: they define alleged conduct and invite the House to exercise its constitutional duty [4] [5].

4. Law vs. politics: impeachable “high crimes and misdemeanors”

Legal doctrine and congressional practice show that “high Crimes and Misdemeanors” need not be indictable criminal offenses; impeachment is fundamentally a political safeguard, not a criminal trial, and Congress has broad discretion in defining impeachable conduct [1] [8]. Because impeachment is political, outcomes hinge on partisan and institutional dynamics in the House and Senate as much as on documentary evidence or criminal indictments [10].

5. Practical obstacles to removal or disqualification

Even if the House votes to impeach, removal requires a Senate conviction by a two‑thirds majority — a high bar that historically has preserved presidents despite House impeachments (Johnson, Clinton, and Trump's acquittals are instructive) [3] [6]. The political make‑up of the Senate, and whether Senators view conviction or disqualification as warranted, determines the practical possibility of removal [2] [3].

6. Competing narratives and explicit agendas in the current debate

Advocacy groups and some members of Congress argue impeachment is necessary to check alleged authoritarian behavior and corruption, framing it as a constitutional obligation [11] [12]. Opponents characterize such efforts as politically motivated or premature given ongoing criminal investigations, and some emphasize alternative remedies such as elections or criminal prosecutions after office; these competing agendas shape both the content of resolutions (e.g., H.Res.353/H.Res.537) and the likelihood of Senate conviction [4] [5] [11].

7. Bottom line: Can he be impeached now — and what’s likely?

Legally and constitutionally, yes: the House can introduce and adopt articles of impeachment against Donald Trump, and the Senate can try him even for acts committed while he was president, including after he leaves office [6] [8] [7]. Politically, success in removing or disqualifying him requires a rare Senate supermajority and thus depends on congressional composition, political calculations, and public pressure — factors that have so far prevented Senate convictions in prior Trump impeachments [2] [3].

Want to dive deeper?
What are the legal arguments for and against the constitutionality of trying a former president in the Senate after he leaves office?
What specific evidence do H.Res.353 and H.Res.537 cite to support each article of impeachment?
How have past Senate votes on presidential impeachment been influenced by public opinion and midterm election dynamics?