London Daily

Focus on the big picture.
Tuesday, Nov 18, 2025

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
UK Unveils Sweeping Asylum Reforms with 20-Year Settlement Wait and Conditional Status
UK Orders Twitter Hacker to Repay £4.1 Million Following 2020 High-Profile Breach
Popeyes UK Eyes Century Mark as Fried-Chicken Chain Accelerates Roll-out
Two-thirds of UK nurses report working while unwell amid staffing crisis
Britain to Reform Human-Rights Laws in Sweeping Asylum Policy Overhaul
Nearly Half of Job Losses Under Labour Government Affect UK Youth
UK Chancellor Reeves Eyes High-Value Home Levy in Budget to Raise Tens of Billions
UK Urges Poland to Choose Swedish Submarines in Multi-Billion € Defence Bid
US Border Czar Tom Homan Declares UK No Longer a ‘Friend’ Amid Intelligence Rift
UK Announces Reversal of Income Tax Hike Plans Ahead of Budget
Starmer Faces Mounting Turmoil as Leaked Briefings Ignite Leadership Plot Rumours
UK Commentator Sami Hamdi Returns Home After US Visa Revocation and Detention
UK Eyes Denmark-Style Asylum Rules in Major Migration Shift
UK Signals Intelligence Freeze Amid US Maritime Drug-Strike Campaign
TikTok Awards UK & Ireland 2025 Celebrates Top Creators Including Max Klymenko as Creator of the Year
UK Growth Nearly Stalls at 0.1% in Q3 as Cyberattack Halts Car Production
Apple Denied Permission to Appeal UK App Store Ruling, Faces Over £1bn Liability
UK Chooses Wylfa for First Small Modular Reactors, Drawing Sharp U.S. Objection
Starmer Faces Growing Labour Backlash as Briefing Sparks Authority Crisis
Reform UK Withdraws from BBC Documentary Amid Legal Storm Over Trump Speech Edit
UK Prime Minister Attempts to Reassert Authority Amid Internal Labour Leadership Drama
UK Upholds Firm Rules on Stablecoins to Shield Financial System
Brussels Divided as UK-EU Reset Stalls Over Budget Access
Prince Harry’s Remembrance Day Essay Expresses Strong Regret at Leaving Britain
UK Unemployment Hits 5% as Wage Growth Slows, Paving Way for Bank of England Rate Cut
Starmer Warns of Resurgent Racism in UK Politics as He Vows Child-Poverty Reforms
UK Grocery Inflation Slows to 4.7% as Supermarkets Launch Pre-Christmas Promotions
UK Government Backs the BBC amid Editing Scandal and Trump Threat of Legal Action
UK Assessment Mis-Estimated Fallout From Palestine Action Ban, Records Reveal
UK Halts Intelligence Sharing with US Amid Lethal Boat-Strike Concerns
King Charles III Leads Britain in Remembrance Sunday Tribute to War Dead
UK Retail Sales Growth Slows as Households Hold Back Ahead of Black Friday and Budget
Shell Pulls Out of Two UK Floating Wind Projects Amid Renewables Retreat
Viagogo Hit With £15 Million Tax Bill After HMRC Transfer-Pricing Inquiry
Jaguar Land Rover Cyberattack Pinches UK GDP, Bank of England Says
UK and Germany Sound Alarm on Russian-Satellite Threat to Critical Infrastructure
Former Prince Andrew Faces U.S. Congressional Request for Testimony Amid Brexit of Royal Title
BBC Director-General Tim Davie and News CEO Deborah Turness Resign Amid Editing Controversy
Tom Cruise Arrives by Helicopter at UK Scientology Fundraiser Amid Local Protests
Prince Andrew and Sarah Ferguson Face Fresh UK Probes Amid Royal Fallout
Mothers Link Teen Suicides to AI Chatbots in Growing Legal Battle
UK Government to Mirror Denmark’s Tough Immigration Framework in Major Policy Shift
UK Government Turns to Denmark-Style Immigration Reforms to Overhaul Border Rules
UK Chancellor Warned Against Cutting Insulation Funding as Budget Looms
UK Tenant Complaints Hit Record Levels as Rental Sector Faces Mounting Pressure
Apple to Pay Google About One Billion Dollars Annually for Gemini AI to Power Next-Generation Siri
UK Signals Major Shift as Nuclear Arms Race Looms
BBC’s « Celebrity Traitors UK » Finale Breaks Records with 11.1 Million Viewers
UK Spy Case Collapse Highlights Implications for UK-Taiwan Strategic Alignment
On the Road to the Oscars? Meghan Markle to Star in a New Film
×