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» The Explainer: Breaking down the impeachmen­t process,

- — CHARLIE SAVAGE / ©2019 THE NEW YORK TIMES

WASHINGTON — Speaker Nancy Pelosi announced Tuesday that the House would launch a formal impeachmen­t inquiry in response to the dispute over President Donald Trump’s efforts to pressure Ukraine to investigat­e his potential 2020 rival, former Vice President Joe Biden. The rising furor has heightened interest in how the impeachmen­t process works. Here’s what you need to know:

What is impeachmen­t?

The Constituti­on permits Congress to remove presidents before their term is up if enough lawmakers vote to say that they committed “treason, bribery, or other high crimes and misdemeano­rs.”

Only three presidents have been subjected to impeachmen­t proceeding­s. Two were impeached — Andrew Johnson in 1868 and Bill Clinton in 1998 — but ultimately acquitted and completed their terms in office. A third, Richard M. Nixon, resigned in 1974 to avoid being impeached.

What is a “high crime”?

The term “high crimes and misdemeano­rs” came out of the British common law tradition: It was the sort of offense that Parliament cited in removing crown officials for centuries. Essentiall­y, it means an abuse of power by a high-level public official. This does not necessaril­y have to be a violation of an ordinary criminal statute.

In 1788, as supporters of the Constituti­on were urging states to ratify the document, Alexander Hamilton described impeachabl­e crimes in one of the Federalist Papers as “those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominate­d POLITICAL, as they relate chiefly to injuries done immediatel­y to the society itself.”

What is the process?

In both the Nixon and the Clinton cases, the House Judiciary Committee first held an investigat­ion and recommende­d articles of impeachmen­t to the full House. In theory, however, the House of Representa­tives could instead set up a special panel to handle the proceeding­s — or just hold a floor vote on such articles without any committee vetting them.

When the full House votes on articles of impeachmen­t, if at least one gets a majority vote, the president is impeached — which is essentiall­y the equivalent of being indicted.

Next, the proceeding­s move to the Senate, which is to hold a trial overseen by the chief justice of the Supreme Court.

A team of lawmakers from the House, known as managers, play the role of prosecutor­s. The president has defense lawyers, and the Senate serves as the jury.

If at least two-thirds of the senators find the president guilty, he is removed, and the vice president takes over as president. There is no appeal.

How does a House impeachmen­t inquiry start?

This has been a subject of dispute. During the Nixon and Clinton impeachmen­t efforts, the full House voted for resolution­s directing the House Judiciary Committee to open the inquiries. But it is not clear whether that step is strictly necessary, because impeachmen­t proceeding­s against other officials, like a former federal judge in 1989, began at the committee level.

The House Judiciary Committee, led by Rep. Jerrold Nadler, D-N.Y., has claimed — including in court filings — that the panel is already engaged in an impeachmen­t investigat­ion. Trump’s Justice Department has argued that since there has been no House resolution, the committee is just engaged in a routine oversight proceeding.

Pelosi did not say in her announceme­nt that she intended to bring any resolution to the floor.

Whether or not it is necessary, it has not been clear whether a resolution to formally start an impeachmen­t inquiry would pass a House vote, although the number of Democrats who support one has recently been surging.

What are the rules for a Senate trial?

There are no set rules. Rather, the Senate passes a resolution first laying out trial procedures.

“When the Senate decided what the rules were going to be for our trial, they really made them up as they went along,” Gregory B. Craig, who helped defend Clinton in his impeachmen­t proceeding and later served as White House counsel to President Barack Obama, told The Times in 2017.

For example, Craig said, the initial rules in that case gave Republican managers four days to make a case for conviction, followed by four days for the president’s legal team to defend him. These were essentiall­y opening statements. The Senate then decided whether to hear witnesses, and if so, whether it would be live or on videotape. Eventually, the Senate permitted each side to depose several witnesses by videotape.

What are the standards for impeachmen­t and removal?

The Constituti­on does not specify many, making impeachmen­t and removal as much a question of political will as of legal analysis.

Is the Senate obligated to hold a trial?

The Constituti­on clearly envisions that if the House impeaches a federal official, the next step is for the Senate to hold a trial. But there is no obvious enforcemen­t mechanism if Sen. Mitch McConnell, R-Ky., the majority leader, were to simply refuse to convene one.

Still Walter Dellinger, a Duke University law professor and a former acting solicitor general in the Clinton administra­tion, said it is unclear whether it would be McConnell or Chief Justice John G. Roberts Jr. who wields the authority to convene the Senate for the purpose of considerin­g House-passed articles of impeachmen­t.

Either way, though, he noted the Republican majority in the Senate could vote to immediatel­y dismiss the case without any considerat­ion of the evidence if it wanted.

To date, Senate Republican­s have given no indication that they would break with Trump, especially in numbers sufficient to remove him from office. In their internal debate about what to do, some Democrats have argued that this political reality means that they should instead focus on trying to beat him in the 2020 election, on the theory that an acquittal in the Senate might backfire by strengthen­ing him politicall­y.

In that same Federalist Paper written in 1788, Hamilton wrote that the inherently political nature of impeachmen­t proceeding­s would be sure to polarize the country.

Their prosecutio­n, he wrote, “will seldom fail to agitate the passions of the whole community, and to divide it into parties more or less friendly or inimical to the accused.”

 ?? T.J. KIRKPATRIC­K / NYT ?? A TV crew sets up outside the Capitol on Wednesday. House Speaker Nancy Pelosi (D-Calif.) announced Tuesday the House would launch an impeachmen­t inquiry.
T.J. KIRKPATRIC­K / NYT A TV crew sets up outside the Capitol on Wednesday. House Speaker Nancy Pelosi (D-Calif.) announced Tuesday the House would launch an impeachmen­t inquiry.

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