Legal Definitions - impeachment

Impeachment is a formal process initiated by the legislative branch (Congress in the United States) to accuse a high-ranking public official of misconduct and potentially remove them from office. It is important to understand that impeachment itself is the act of bringing charges, much like a grand jury indictment, and not the actual removal from office.

The process begins in the House of Representatives, which investigates allegations and, if sufficient evidence is found, can vote to approve "articles of impeachment." These articles are essentially formal charges of wrongdoing. If the House approves one or more articles by a simple majority vote, the official is then considered "impeached."

Once an official is impeached by the House, the process moves to the Senate, which conducts a trial. For a presidential impeachment trial, the Chief Justice of the Supreme Court presides. The Senate acts as the jury, hearing evidence and arguments. To remove the official from office, a supermajority (two-thirds) vote of the Senators present is required.

This constitutional mechanism applies to the President, Vice President, and other federal "civil officers," such as federal judges. The grounds for impeachment are typically "treason, bribery, or other high crimes and misdemeanors," which are generally understood to encompass serious abuses of power or breaches of public trust, not necessarily limited to criminal offenses.

• Example 1: Impeachment of a Federal Judge

  Imagine a federal appellate court judge is credibly accused of repeatedly using their position to influence legal outcomes in cases involving companies in which they secretly hold significant financial investments. The House of Representatives would likely launch an investigation into these allegations of judicial misconduct and conflict of interest. If the House Judiciary Committee finds compelling evidence, they could draft articles of impeachment. If the full House votes to approve these articles, the judge would be impeached. The process would then proceed to the Senate for a trial, where a two-thirds vote would be required to remove the judge from their lifetime appointment.

  This example illustrates that impeachment is not limited to the President but also applies to other federal "civil officers" like judges, for serious breaches of public trust and ethical conduct.

• Example 2: Impeachment of a Cabinet Secretary

  Consider a scenario where the Secretary of a major federal department is found to have systematically used their office to award lucrative government contracts to a shell corporation secretly owned by their spouse, bypassing standard competitive bidding processes. This would constitute a significant abuse of power and potential bribery. The House of Representatives could initiate an impeachment inquiry, investigate the financial transactions and decision-making processes, and if they find sufficient evidence of corruption, vote on articles of impeachment. If the House approves these articles, the Secretary would be impeached, and the Senate would then hold a trial to determine if they should be removed from their cabinet position.

  This example demonstrates that high-level appointed officials within the executive branch, beyond the President and Vice President, are also subject to the impeachment process for offenses like corruption and abuse of authority.

• Example 3: Impeachment of a President for Obstruction of Justice

  Suppose a sitting President is alleged to have repeatedly directed federal law enforcement agencies to halt investigations into close political allies and to have fired officials who refused to comply with these directives, thereby obstructing justice. The House of Representatives would conduct a thorough investigation, potentially holding public hearings to gather evidence and testimony. If the House concludes that the President's actions constitute "high crimes and misdemeanors," they would draft and vote on articles of impeachment. If approved by a majority of the House, the President would be formally impeached. The process would then move to the Senate for a trial, presided over by the Chief Justice of the Supreme Court, where a two-thirds vote would be necessary to remove the President from office.

  This example highlights the application of impeachment to the highest office in the land for offenses like obstruction of justice, which are considered serious abuses of presidential power and a threat to the rule of law.