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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

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

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]

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]

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

• 2017 Mexico–United States diplomatic crisis
• Efforts to impeach Barack Obama
• Efforts to impeach George W. Bush
• Impeachment of Bill Clinton
• Impeachment process against Richard Nixon
• AIPAC Foreign Agent registration<ref>http://www.washingtonpost.com/wp-dyn/content/article/2005/10/05/AR2005100501608_pf.htmlCite error: The opening <ref> tag is malformed or has a bad name (see the help page).

References