Second Impeachment: Incitement of Insurrection Following the January 6 Capitol Attack
Tier 2Acquitted by Senate2021-01-06 to 2021-02-13
Factual Summary
On January 13, 2021, the United States House of Representatives impeached Donald Trump for a second time on a single article charging incitement of insurrection. The vote was 232 to 197, with ten Republicans joining all Democrats, making it the most bipartisan presidential impeachment vote in American history.
The article charged that Trump "engaged in high Crimes and Misdemeanors by willfully making statements that, in context, encouraged and foreseeably resulted in lawless action at the Capitol." It cited Trump's repeated false claims that the 2020 election was stolen, his January 6 speech at the Ellipse urging supporters to "fight like hell," and his failure to act to stop the Capitol breach once it began. The article stated that his conduct "threatened the integrity of the democratic system, interfered with the peaceful transition of power, and imperiled a coequal branch of Government."
The ten House Republicans who voted to impeach were Liz Cheney, John Katko, Adam Kinzinger, Fred Upton, Jaime Herrera Beutler, Dan Newhouse, Anthony Gonzalez, Tom Rice, David Valadao, and Peter Meijer.
The Senate trial began on February 9, 2021, with Chief Justice John Roberts declining to preside because Trump was no longer in office. Senator Patrick Leahy presided instead. The Senate first voted 56 to 44 that the trial was constitutionally permissible against a former president. On February 13, 2021, the Senate voted 57 to 43 to convict, falling ten votes short of the 67 required for conviction. Seven Republicans crossed party lines to vote to convict: Richard Burr, Bill Cassidy, Susan Collins, Lisa Murkowski, Mitt Romney, Ben Sasse, and Pat Toomey. This was the most bipartisan conviction vote in any presidential impeachment trial.
Primary Sources
1. Article of Impeachment (H.Res.24), full text: https://www.congress.gov/bill/117th-congress/house-resolution/24/text
2. Senate Proceedings, Document 117-2: https://www.govinfo.gov/content/pkg/CDOC-117sdoc2/pdf/CDOC-117sdoc2-pt3.pdf
3. Library of Congress Federal Impeachment Research Guide: https://guides.loc.gov/federal-impeachment/donald-trump
Corroborating Sources
1. NPR: "House Impeaches Trump A 2nd Time, Citing 'Insurrection' At U.S. Capitol," January 13, 2021
2. NBC News: "Trump acquitted in impeachment trial; 7 GOP senators voted to convict," February 13, 2021
3. Just Security: "In Their Own Words: The 43 Republicans' Explanations of Their Votes Not to Convict"
Counterarguments and Context
Trump's legal team, led by attorneys David Schoen and Bruce Castor, advanced three primary arguments. They contended the Senate lacked constitutional jurisdiction to try a former president, arguing that impeachment exists for removal from office and was moot after Trump left. They invoked the First Amendment, asserting that Trump's speech was protected political rhetoric and did not constitute incitement under established legal standards. They argued the article failed to allege a specific violation of law. The majority of the 43 Republicans who voted to acquit cited the jurisdictional argument as their stated reason rather than a defense of Trump's conduct.
Author's Note
This entry is classified as Tier 2 because the impeachment constitutes a formal constitutional proceeding with recorded votes but did not result in conviction or removal. Senate Minority Leader Mitch McConnell voted to acquit on jurisdictional grounds but stated immediately afterward that Trump was "practically and morally responsible for provoking the events of the day."