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Fact check: What is required to impeach or to expel a sitting president?

Checked on June 19, 2025

1. Summary of the results

Based on the analyses provided, the impeachment and removal process for a sitting U.S. president involves two distinct constitutional procedures:

Impeachment Process:

  • The House of Representatives has the sole power to impeach a president [1] [2]
  • Impeachment requires a simple majority vote in the House and serves as a formal accusation of wrongdoing [3] [2]
  • The constitutional grounds for impeachment are "Treason, Bribery, or other high Crimes and Misdemeanors" [4] [1]

Removal Process:

  • After impeachment by the House, the Senate conducts a trial to determine whether to remove the president from office [1] [3] [2]
  • Removal requires a two-thirds majority vote in the Senate [1] [3] [2]
  • The Senate trial process involves presenting evidence and arguments, similar to a court proceeding [3]

Key Constitutional Framework:

  • The process is designed as a check on presidential power, allowing Congress to hold federal officials accountable for serious wrongdoing [4] [1]
  • "High Crimes and Misdemeanors" encompasses serious offenses that threaten the Constitution and rule of law, not just criminal violations [4]

2. Missing context/alternative viewpoints

The original question lacks several important contextual elements:

Historical Precedent:

  • Only three presidents in U.S. history have been impeached: Andrew Johnson, Bill Clinton, and Donald Trump (twice), but none have been removed from office through this process [2]
  • This historical context demonstrates the rarity and political difficulty of the removal process [2]

Political Realities:

  • The analyses reveal that impeachment is inherently a political process, not just a legal one [4] [5]
  • The two-thirds Senate requirement for removal creates a high bar that requires significant bipartisan support [1] [3]
  • Partisan considerations often influence how members of Congress vote on impeachment and removal [5]

Alternative Removal Methods:

  • The question focuses only on impeachment but doesn't address other constitutional mechanisms like the 25th Amendment, which allows for removal due to presidential incapacity (not covered in detail in the provided sources)

Practical Considerations:

  • The process can take months to complete and involves significant political and constitutional implications [3] [5]
  • There are ongoing debates about what constitutes impeachable offenses, with different political parties and legal scholars holding varying interpretations [4] [5]

3. Potential misinformation/bias in the original statement

The original question itself is relatively neutral and factual, asking for procedural information rather than making claims. However, there are some potential areas where misinformation commonly occurs:

Terminology Confusion:

  • The question uses "impeach or expel," but the correct constitutional term is "impeach and remove" - impeachment is the accusation, removal is the consequence [1] [2]
  • This distinction is crucial because a president can be impeached but not removed, as demonstrated by historical precedent [2]

Oversimplification Risk:

  • The question might lead to oversimplified answers that don't capture the complex political dynamics involved in the process [4] [5]
  • The constitutional grounds of "high Crimes and Misdemeanors" are often misunderstood as requiring criminal behavior, when they actually encompass broader categories of serious misconduct [4]

Missing Stakeholder Perspectives:

  • Political parties benefit from different interpretations of impeachment standards depending on whether their candidate is in office [5]
  • Constitutional scholars and legal experts may have varying interpretations of what constitutes impeachable conduct, influencing public understanding [4]
  • Media organizations benefit from the dramatic nature of impeachment proceedings, potentially influencing how the process
Want to dive deeper?
What are the constitutional grounds for impeaching a US president?
How many votes are required in the House and Senate to impeach a president?
Can a president be expelled from office without being impeached first?
What is the role of the Vice President in the presidential impeachment process?
Have any US presidents been impeached or expelled from office in history?