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Efforts to impeach Donald Trump

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During the presidency of Donald Trump, certain members of Congress, and other people and groups, have asserted that Trump has engaged in impeachable activity and that he should be removed from office. Such talk began before he even took office, but the efforts gained in potential seriousness, including the support of Republican members of Congress, following a series of developments and revelations during May 2017.

Initial impeachment efforts

See also: Business projects of Donald Trump in Russia and Russian interference in the 2016 United States elections

In December 2016, Senators Elizabeth Warren, Dick Durbin, Chris Coons, Ben Cardin, and Jeff Merkley introduced a bill that would require the President of the United States to divest any assets that could raise a conflict of interest, including a statement that the failure to divest such assets would constitute "a high crime or misdemeanor under the impeachment clause of the U.S. Constitution".[1] Vanity Fair characterized this as a preemptive effort to lay the groundwork for a future impeachment argument.[1] Concerns had previously been expressed that Trump's extensive business and real estate dealings, especially with respect to government agencies in other countries, may violate the Foreign Emoluments Clause of the United States Constitution,[2] sparking debate as to whether that is the case.[3][4]

Immediately after his inauguration, The Independent and The Washington Post each reported on efforts already underway to impeach Trump, based on asserted conflicts of interest arising from Trump's ability to use his political position to promote the interests of "Trump"-branded businesses, and ongoing payments by foreign entities to businesses within the Trump business empire as a violation of the Foreign Emoluments Clause.[5][6] In March 2017, China provisionally granted 38 "Trump" trademark applications that are set to take permanent effect in 90 days, which were noted to come in close proximity to Trump making policy decisions favorable to China.[7]

The Washington Post further noted the creation of ImpeachDonaldTrumpNow.org by liberal advocacy groups.[6] On February 9, 2017, The Washington Post reported that Congressman Jerrold Nadler (D, New York) had filed a resolution of inquiry to force the Trump administration to turn over documents relating to potential conflicts of interest and to ties with Russia.[8] Some sources have identified this as the first step in the process of impeaching Trump.[9][10] Fox News has outlined two potential bases for impeachment, one being the Emoluments Clause and the other being complicity with Russian interference in the 2016 United States presidential election.[11] On March 21, 2017, it was widely reported that senior Congresswoman Maxine Waters tweeted, "Get ready for impeachment", which Waters explained was in reference to the allegations of collusion with Russian interference in the election.[12]

The Impeach Trump Leadership PAC, a United States political action committee, was started in February 2017 by California Democratic Party congressional candidate Boyd Roberts, who filed documents with the Federal Election Commission to create the PAC on February 13.[13]

Developments of May 2017

Actions and revelations

Following the dismissal of James Comey as FBI director in May 2017, multiple Democratic members of Congress discussed an "impeachment clock" for Trump, saying that he was "moving" toward impeachment and raising the future possibility of bringing forth articles of impeachment for obstruction of justice and criminal malfeasance if proof of illegal activity is found.[14][15] Senator Richard Blumenthal of Connecticut stated in an interview: "It may well produce another United States v. Nixon on a subpoena that went to United States Supreme Court. It may well produce impeachment proceedings, although we're very far from that possibility."[16]

Later in May, news of the Donald Trump revelation of classified information to Russia led to further discussions about the possibility of impeachment, with Representative Maxine Waters in particular alluding to the possibility.[17]

At almost the same time in May, the revelation that the chief executive had asked Director Comey to let Flynn get a pass led still more observers, including Senator Angus King, to say that impeachment might be in the offing.[18]

The weight of all these developments, occurring as they did within an 8-day period, led Senator John McCain to venture that matters had reached "Watergate scope and size."[19] This made reference to the Watergate scandal of the 1972-74 period and, possibly, to the impeachment process against Richard Nixon.

Preparations for possible proceedings

Further information: Comey memos

Impeachment proceedings begin with a resolution being introduced in the House of Representatives. The first two Representatives to publicly suggest such an action were Pramila Jayapal (D-WA)[20] and Al Green (D-TX).[21]

The first two Republican Representatives to call for impeachment were Justin Amash (R-Mich.),[22] and Carlos Curbelo (R-Fla.).[23][24][25]

On May 17, Rep. Green made a call for impeachment on the house floor,[26][27] and House oversight committee chairman Jason Chaffetz announced that he was issuing subpoenas on the memo that FBI director James Comey wrote detailing possible obstruction of justice by the president.[28]

However, even in light of the above events, some major Democrat figures have stressed the need for caution, patience and bipartisanship in any potential impeachment process. [29]

An independent counsel

Starting with the appointment of Archibald Cox in relation to the Watergate scandal in May of 1973, supporters of presidential impeachment proceedings have relied on independent counsels to gather evidence in support of their movements. In fact, such evidence had led to proceedings against presidents Richard Nixon and Bill Clinton and serious consideration of such with regard to President Ronald Reagan during the Iran Contra affair.

On May 17, 2017, former FBI Director Robert Mueller was appointed special counsel by Deputy Attorney General Rod Rosenstein, acting after the recusal of Attorney General Jeff Sessions, to investigate Russian interference in the 2016 presidential election.[30] Rod Rosenstein`s close relationships with affiliates and members of AIPAC, a political lobby platform not registered as a foreign agency in the USA has raised a few eyebrows,

Symbolic municipal resolutions

City councils that have made formal resolutions calling for the impeachment of Donald Trump include those governing the San Francisco Bay Area cities of Berkeley, Richmond, and Alameda.[31][32] On the East Coast, Cambridge, Massachusetts city council passed a policy order to support a House resolution to investigate Emoluments Clause conflicts.[33]

Suspension of powers and duties under 25th Amendment

Some commentators have noted that a president can have his powers and duties suspended under the 25th Amendment of the Constitution,[34][35] which allows for the removal of a president's powers and duties, if the vice president and a majority of the cabinet concur that the president is unfit. Section 4 of the 25th amendment states:

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

— Section 4, 25th Amendment, United States Constitution

Public opinion on impeachment

Public Policy Polling reported that as of January 26, 2017, 35% of voters supported the impeachment of President Trump, with 50% opposed.[36] By the following week, after the controversial rollout of Executive Order 13769, which barred people from seven majority-Muslim countries from entering the U.S., support for impeachment had grown to 40%,[37] and the week after that support for impeachment reached 46%, matching opposition to impeachment.[38]

In May 2017, for the first time, more Americans supported impeaching Trump (48%) than opposed impeaching Trump (41%), with 11% not sure.[39]

Poll source Date(s)
administered 		Sample
size 		Margin of
error 		Support Oppose Undecided
Public Policy Polling May 12–14, 2017 692 ± 3.7% 48% 41% 11%
Public Policy Polling April 17–18, 2017 648 ± 3.9% 40% 48% 12%
Public Policy Polling March 27–28, 2017 677 ± 3.8% 44% 45% 13%
Public Policy Polling March 10–12, 2017 808 ± 3.4% 44% 45% 12%
Public Policy Polling February 21–22, 2017 941 ± 3.2% 41% 46% 13%
Public Policy Polling February 7–8, 2017 712 ± 3.7% 46% 46% 9%
Public Policy Polling January 30–31, 2017 725 ± 3.6% 40% 48% 12%
Public Policy Polling January 23–24, 2017 1,043 ± 3.0% 35% 50% 15%

Presidential succession

If Trump were impeached and convicted, the next people in the presidential line of succession are the Vice President, currently Mike Pence, then the Speaker of the House of Representatives, currently Paul Ryan, then the Senate president pro tempore, currently Orrin Hatch.

See also

References

  1. ^ a b Fox, Emily Jane (December 15, 2016). "Democrats Are Paving the Way to Impeach Donald Trump". Vanity Fair.
  2. ^ Teachout, Zephyr (November 17, 2016). "Trump's Foreign Business Ties May Violate the Constitution". The New York Times.
  3. ^ Tillman, Seth Barrett (November 18, 2016). "Constitutional Restrictions on Foreign Gifts Don't Apply to Presidents". The New York Times.
  4. ^ Adler, Jonathan H. (November 21, 2016). "The Emoluments Clause – is Donald Trump violating its letter or spirit?". The Volokh Conspiracy (The Washington Post).
  5. ^ Revesz, Rachael (January 20, 2017). "Website aiming to impeach Donald Trump so popular it crashed". The Independent.
  6. ^ a b Gold, Matea (January 20, 2017). "The campaign to impeach President Trump has begun". The Washington Post.
  7. ^ "China provisionally grants Trump 38 trademarks – including for escort service". The Guardian. Associated Press. March 8, 2017. Retrieved March 25, 2017.
  8. ^ DeBonis, Mike (February 9, 2017). "Democrat moves to force House debate on Trump's alleged business conflicts and Russia ties". The Washington Post.
  9. ^ Solomon, Norman (February 10, 2017). "The Long Road To Impeach Trump Just Got Shorter". HuffPost.
  10. ^ "Congressman Jerrold Nalder takes First Steps Toward Impeachment of Donald Trump". The Source. February 10, 2017.
  11. ^ McKelway, Doug (February 27, 2017). "Dems already cranking up Trump impeachment talk". Fox News.
  12. ^ Harriet Agerholm (March 22, 2017). "Prominent politician tells Donald Trump: 'Get ready for impeachment'". The Independent.
  13. ^ Hagen, Lisa (February 14, 2017). "Congressional candidate forms Impeach Trump PAC". The Hill. Retrieved February 14, 2017.
  14. ^ Alex Roarty (May 10, 2017). "Democrats talk of an 'impeachment clock' for Trump". The McClatchy Company.
  15. ^ Easley, Jonathan (May 10, 2017). "Dem reps: Trump is 'moving' toward impeachment". The Hill.
  16. ^ Saba Hamedy, "Blumenthal: Comey firing 'may well produce impeachment proceedings'", CNN (May 11, 2017).
  17. ^ "Waters: Trump's Disclosure of Classified Info to Russia Moves Us Closer to 'Impeachment'". freebeacon.com. May 16, 2017. Retrieved May 16, 2017.
  18. ^ "CNN's Wolf Blitzer: "Are We Getting Closer" To Impeachment Of Donald Trump?". www.realclearpolitics.com.
  19. ^ Seipel, Brooke (May 16, 2017). "McCain: Trump scandals reaching 'Watergate size and scale'".
  20. ^ Connelly, Joel (May 16, 2017). "Connelly: Rep. Jayapal raises specter of impeachment". SeattlePI. Retrieved May 17, 2017.
  21. ^ Elliott, Rebecca (May 15, 2017). "U.S. Rep. Green calls for Trump's impeachment". Houston Chronicle. Retrieved May 17, 2017.
  22. ^ Smilowitz, Elliot (May 17, 2017). "First Republican raises impeachment for Trump".
  23. ^ "Two GOP congressmen suggest Trump may have committed impeachable offense". Retrieved May 18, 2017.
  24. ^ "Republicans are now fighting over who gets credit for bringing up Trump's impeachment first". May 17, 2017. Retrieved May 18, 2017.
  25. ^ Smilowitz, Elliot (May 17, 2017). "First Republicans talk possibility of impeachment for Trump". Retrieved May 18, 2017.
  26. ^ Firozi, Paulina (May 17, 2017). "Dem calls for Trump impeachment on House floor".
  27. ^ "U.S. Rep. Green calls for Trump's impeachment".
  28. ^ "House Oversight Chairman Chaffetz demands all FBI documents on Trump, Comey". Retrieved May 18, 2017.
  29. ^ "Democratic Leaders Try to Slow Calls to Impeach Trump". Retrieved May 19, 2017.
  30. ^ "Appointment of Special Prosecutor". Department of Justice. Office of Public Affairs. Retrieved May 17, 2017.
  31. ^ Raguso, Emilie (March 29, 2017). "Berkeley calls for Trump impeachment". Berkeleyside. Retrieved March 30, 2017.
  32. ^ "Berkeley Joins Other Bay Area Cities Calling For Trump's Impeachment". CBS San Francisco. March 30, 2017. Retrieved March 30, 2017.
  33. ^ Marc C. McGovern, Jan Devereux, Leland Cheung (April 3, 2017). "Policy Order POR 2017 #96: That the City Council call upon the United States House of Representatives to support a resolution authorizing and directing the House Committee on the Judiciary to investigate whether sufficient grounds exist for the impeachment of Donald J. Trump, President of the United States, including but not limited to the violations of the Foreign Emoluments Clause and the Domestic Emoluments Clause of the United States Constitution". Cambridge, Massachusetts.{{cite web}}: CS1 maint: multiple names: authors list (link)
  34. ^ Parton, Heather Digby. "Efforts to impeach Donald Trump". Salon.
  35. ^ Prokop, Andrew. "The 25th Amendment, explained: how a president can be declared unfit to serve". Vox.
  36. ^ Jensen, Tom (January 26, 2017). "Americans Think Trump Will Be Worst President Since Nixon". Public Policy Polling.
  37. ^ Jensen, Tom (February 2, 2017). "After 2 Weeks, Voters Yearn For Obama". Public Policy Polling.
  38. ^ Jensen, Tom (February 10, 2017). "Americans Now Evenly Divided on Impeaching Trump". Public Policy Polling.
  39. ^ Tom Jensen, Health Care Puts House in Play, Public Policy Polling (May 16, 2017).
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