Can Trump be impeached?
Executive summary
Yes—under the Constitution the House can impeach Donald Trump; whether the Senate can constitutionally convict and disqualify him after he leaves office is a live legal dispute with historical precedents and scholarly disagreement, and the ultimate outcome turns as much on politics as on law [1] [2] [3]. The mechanics are clear: the House impeaches by a simple majority, the Senate convicts only by a two-thirds vote, and removal or disqualification are the remedies the Constitution authorizes [1] [4] [5].
1. What impeachment is and how the process works
Impeachment is a two-step constitutional tool: the House of Representatives brings and votes on articles of impeachment by a simple majority, and if adopted the Senate holds a trial where conviction requires a two‑thirds vote of senators present — a process designed as a political check rather than a criminal punishment, with the formal remedies limited to removal and possible disqualification from future office [1] [4] [6].
2. Impeachable offenses and the constitutional text
The Constitution expressly targets “Treason, Bribery, or other high Crimes and Misdemeanors” as impeachable conduct, but it leaves the definition of “high Crimes and Misdemeanors” to political judgment and congressional interpretation, which is why impeachment has been used sparingly and variably across history [2] [4] [6].
3. Can a sitting president like Trump be impeached and convicted?
A sitting president can be impeached by the House and tried by the Senate; historical practice shows presidents have been impeached by the House and acquitted by the Senate, and the Senate’s decision on conviction is final and not subject to judicial review — meaning a president can be removed only if two-thirds of the Senate votes to convict [1] [5] [4].
4. The contested question: impeachment after leaving office
Whether the Senate can try and convict a former president is contested; some scholars and official practice point to precedents (for example, the 1876 Belknap trial of a former cabinet official and the Senate’s willingness in past cases to assert jurisdiction) and argue the Senate can try a former president to bar future officeholding, while others rely on the text that removal applies to those “shall be removed from Office” to argue the remedy makes post‑service convictions improper — courts have generally steered clear, leaving the question to political branches [7] [8] [9] [3].
5. What legal authorities say and where they disagree
Major legal commentators differ: some (including pieces in Lawfare and analyses collected by Congress’s Constitution Annotated) conclude the Senate likely has jurisdiction and historical practice supports trials of former officials; others (notably some conservative jurists) argue the Constitution limits impeachment’s practical reach to sitting officers, making post‑term conviction constitutionally dubious — the academic debate is robust and unresolved, which is why practitioners emphasize that the issue blends law with political judgment [9] [10] [3] [7].
6. The political reality that decides outcomes
Even if the House impeaches, the ultimate fate depends on political arithmetic: conviction requires two‑thirds of senators present, a high threshold that has repeatedly prevented presidential removal, and timing and Senate willingness to convene for a trial (for example, leadership choices about calling the Senate back into session) can be decisive in practice irrespective of scholarly views about constitutionality [5] [9] [8].
7. Bottom line
Constitutionally, the House can impeach Donald Trump; whether the Senate can constitutionally convict and disqualify him after he leaves office is unsettled but supported by significant precedent and scholarly argument, and any real-world result will hinge on congressional majorities and political choices as much as on legal theory [1] [8] [10].