London Daily

Focus on the big picture.
Saturday, Feb 28, 2026

How does an American impeachment trial work?

How does an American impeachment trial work?

The Senate sets its own rules. Milk is involved
LAST YEAR Donald Trump became the first American president to run for re-election after being impeached. On December 18th 2019 the House of Representatives voted along almost entirely partisan lines to impeach Mr Trump for abuse of power and obstruction of Congress.

On January 13th-one week after his supporters stormed the Capitol to prevent Congress from certifying his defeat, resulting in the deaths of five people, including a Capitol Police officer-he became the first president to be impeached twice.

Every House Democrat, along with ten Republicans, voted to impeach Mr Trump for “inciting violence against the government of the United States”, making it the most bipartisan presidential impeachment vote in American history. Mr Trump’s trial in the Senate begins on February 9th. How does the Senate conduct such a trial?

The fourth section of Article Two of the constitution says that a president can be impeached for “Treason, Bribery and other high Crimes and Misdemeanors”-a standard so vague that Gerald Ford, a former president, cynically but accurately noted that “an impeachable offence is whatever a majority of the House of Representatives considers it to be at a given moment in history.”

Grounds for impeachment may be vaguely and politically defined, but the first two articles of the Constitution lay out the basic procedure: the House has the sole power to impeach; the Senate conducts the trial; conviction requires the votes of two-thirds of the senators; punishment is limited to removal from office and a bar on standing again; and when a president stands trial (any federal officer, not just presidents, can be impeached; most of the 20 impeachment trials have been of judges), the Chief Justice of the Supreme Court must preside.

But the mechanics of the trial are entirely up to the Senate. That is why, for instance, its starting date was subject to negotiation between Charles Schumer and Mitch McConnell, respectively the Senate’s current and former majority leaders. According to rules proposed in 1974 and adopted in 1986, senators are sworn in as jurors, but they can also call witnesses, under subpoena if necessary, and question them by submitting written queries to the presiding officer.

As in a standard trial, the House managers presenting the case for impeachment and the lawyers defending the impeached person make opening and closing statements, with the House managers speaking first in the former case and last in the latter. In this trial, they plan to rely heavily on video presentations rather than witness testimony.

Debates on procedural matters cannot exceed two hours in total (in contrast to the chamber’s customary practice of limitless debate), and that time must be evenly divided between the two sides.

The trial is, of course, public, but the Senate can retreat into a closed deliberative session on proposal by one senator and seconding by another, during which each senator may speak for ten minutes each on most questions, and 15 on “the final question”-whether the impeached person is guilty or innocent. For obscure reasons, senators may drink only water or sparkling water, provided by the Senate cloakroom, or milk, which they must provide themselves.

In Mr Trump’s trial, however, one senator will combine his role as juror with a more prominent role. Rather than the chief justice, Patrick Leahy of Vermont, the president pro tempore of the Senate (the longest-serving member of the majority party), will preside, as is customary for non-presidential impeachments. That no doubt will delight Chief Justice John Roberts, an institutionalist who is wary of the Court being drawn into politics, and reportedly did not want to preside over another impeachment trial.

That is not the only unusual thing about the trial. It will be the first of a president who has left office. Mr Trump’s attorneys argue, in a brief filed to the Senate on February 2nd, that his no longer holding office renders the impeachment process illegitimate. History suggests a different view-the Senate tried William Belknap, a former secretary of war, after he left office. But the presidents' lawyers will probably still lean heavily on this question.

Late last month, 45 of the 50 Republican senators backed a motion from Rand Paul of Kentucky asserting the unconstitutionality of the proceeding. That will no doubt frustrate Democrats, some of whom have mooted another measure arguing that the 14th amendment-which bars any federal elected official who engaged in “insurrection or rebellion” against the government from holding office-bars Mr Trump from running for president again.

But Mr Trump and his supporters would almost certainly challenge such a measure in court. It also carries political risks, not least letting Mr Trump cast himself as a silenced martyr, rather than what the record shows he is-a defeated one-term president.
Newsletter

Related Articles

0:00
0:00
Close
When the State Replaces the Parent: How Gender Policy Is Redefining Custody and Coercion
Bill Clinton Denies Knowing Woman in Hot Tub Photo During Closed-Door Epstein Deposition
Former U.S. President Bill Clinton Testifies on Ties to Jeffrey Epstein Before Congressional Oversight Committee
Dyson Reaches Settlement in Landmark UK Forced Labour Case
Barclays and Jefferies Shares Fall After UK Mortgage Lender Collapse Rekindles Credit Market Concerns
Play Exploring Donald Trump’s Rise to Power by ‘Lehman Trilogy’ Author to Premiere in the UK
Man Arrested After Churchill Statue Defaced in Central London
Keir Starmer Faces Political Setback as Labour Finishes Third in High-Profile By-Election
UK Assisted Dying Bill Set to Fall Short in Parliament as Regional Initiatives Gain Ground
UK Defence Ministry Clarifies Position After Reports of Imminent Helicopter Contract
Independent Left-Wing Plumber Secures Shock Victory as Greens Surge in UK By-Election
Reform UK Refers Alleged ‘Family Voting’ Incidents in By-Election to Police
United Kingdom Temporarily Withdraws Embassy Staff from Iran Amid Heightened Regional Tensions
UK Government Reaches Framework Agreement on Release of Mandelson Vetting Files
UK Police Contracts With Israeli Surveillance Firms Spark Debate Over Ethics and Oversight
United Airlines Passenger Hears Cockpit Conversations After Accessing In-Flight Audio Channel
Spain to Conduct Border Checks on Gibraltar Arrivals Under New Post-Brexit Framework
Engie Shares Jump After $14 Billion Agreement to Acquire UK Power Grid Assets
BNP Paribas Overtakes Goldman Sachs in UK Investment Banking League Tables
Geothermal Project to Power Ten Thousand Homes Marks UK Renewable Energy Milestone
UK Visa Grants Drop Nineteen Percent in 2025 as Migration Controls Tighten
Barclays and Jefferies Among Banks Exposed to Collapse of UK Mortgage Lender MFS
UK Asylum Applications Edge Down in 2025 Despite Rise in Small Boat Crossings
Jefferies Reports Significant Exposure After Collapse of UK Lender MFS
FTSE 100 Reaches Fresh Record Highs as Major Share Buybacks and Earnings Lift London Stocks
So, what's happened is, I think, government policy, not just under Labour, but under the Conservatives as well, has driven a lot of small landlords out of business.
Larry Summers, the former U.S. Treasury Secretary, is resigning from Harvard University as fallout continues over his ties to Jeffrey Epstein.
U.S. stocks ended higher on Wednesday, with the Dow gaining about six-tenths of a percent, the S&P 500 adding eight-tenths of a percent, and the tech-heavy Nasdaq climbing roughly one-and-a-quarter percent.
From fears of AI-fuelled unemployment to Big Tech's record investment, this is AI Weekly.
Apple just dropped iOS 26.4.
US Lawmakers Seek Briefing from UK Over Reported Encryption Order Directed at Apple
UK Business Secretary Calls on EU to Remove Trade Barriers Hindering Growth
Legal Pathways for Removing Prince Andrew from Britain’s Line of Succession Examined
PM Netanyahu welcome India PM Narendra Modi to Israel
Shadow Diplomacy: How Harry and Meghan’s Jordan Trip Undermines the Monarchy
Sir Jim Ratcliffe, co-owner of Manchester United, comments on immigration in the UK.
Bill Gates, the UN and the WEF are attempting to construct "a giant digital gulag for all of humanity" via digital ID, CBDCs and vaccine passport infrastructure.
Britain’s Channel Crisis: Paying Billions While the Boats Keep Coming
Downing Street’s Veteran Deception Scandal
UK HealthCare Expands ‘Food as Health’ Initiative Statewide to Tackle Chronic Illness in Kentucky
Leonardo Chief Says UK Set to Decide on New Medium Helicopter Programme
UK Slows Chagos Islands Agreement After Concerns Raised in Washington
European and UK Stock Markets Reach Fresh Highs as Banks and Miners Lead Rally
UK Government Insists Chagos Islands Negotiations Continue After Minister’s ‘Pause’ Remark
No Confirmed Deal for Engie to Acquire UK Power Networks Amid Market Speculation
UK Reaffirms Updated Entry Requirements for Travellers as of February 25, 2026
General Atlantic to sell equity stake in ByteDance, valuing the company at $550 billion
German Chancellor Friedrich Merz Secures Pledge from China for Greater Imports of Quality Goods
Lord Mandelson Condemns Arrest as Driven by ‘Baseless Suggestion’ He Would Flee Abroad
Former UK Ambassador Released on Bail Following Arrest in Epstein-Linked Investigation
×