The US House of Representatives delivered an Article of Impeachment for Donald Trump to the Senate on Monday evening.
Nine managers of the House made a liturgical walk through the Capitol from the House to the Senate to deliver the article, thereby setting into motion the former president’s second impeachment trial. The House drafted the Article on January 11, five days after the riots at the US Capitol building occurred. Article 1, Section 2 of the US Constitution grants the House of Representatives “the sole Power of Impeachment,” and Article 1, Section 3 grants the Senate the “sole Power to try all impeachments.” In order for an individual to be convicted, a two-thirds Senate majority is required, meaning at least 17 Republicans must vote in favor of conviction.
The prior impeachment of Trump in December 2019 included two articles—abuse of power and obstruction of justice. This month’s resolution lists only one article of impeachment—incitement of insurrection. The Article states:
In his conduct while President of the United States—and in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed—Donald John Trump engaged in high Crimes and Misdemeanors by inciting violence against the Government of the United States.
The trial is scheduled to begin the week of February 8. Unlike Trump’s first impeachment trial, next month’s will not be presided over by Chief Justice John Roberts. The US Constitution requires the Supreme Court’s Chief Justice to preside over the impeachment trial of a sitting president only. Senator Patrick Leahy (D-VT) will preside over next month’s trial. Leahy is president pro tempore of the Senate.
If convicted, Trump would be barred from ever holding office again.