What To Watch For
Any effort to push Congress to throw out Trump’s impeachments likely won’t happen until after the midterm elections in November, The Journal reports, and Trump is not yet actively pressuring lawmakers to bring a resolution. For his hush money conviction, it’s unclear when a federal judge could rule on Trump’s latest effort to move the case to federal court. Once they do and the case proceeds, however, it’s possible the dispute could ultimately make it to the Supreme Court, where Trump could ask justices to decide whether the case should be moved to federal court and subsequently thrown out because of Trump’s presidential immunity.
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Can Trump’s Impeachments Actually Be Thrown Out?
While Congress could pass a resolution saying the impeachments are expunged, legal experts are so far skeptical it would carry much weight. “It’s an absurd idea,” Michael Gerhardt, a law professor at the University of North Carolina, told The Journal, adding Trump’s impeachments are “in the history books” and “Congress doesn’t have this power” to erase them.
What Penalties Has Trump Actually Faced?
Trump was impeached twice by the House but then acquitted by the Senate in both cases, so other than carrying the status of being an impeached president, he did not face any tangible consequences like being removed from office. While Trump could have faced penalties like a fine or jail time for his criminal conviction, his reelection kept that from happening. Noting the practical realities of sentencing an incoming president, the judge in the case gave Trump an “unconditional discharge” in the case, which means Trump is still formally convicted, but won’t face any penalties for his crimes. The president is legally a convicted felon, however, so having his conviction thrown out would be more about clearing that from his record than getting him out of any actual penalties. The other three criminal cases against Trump—two in federal court and one in Georgia state court—have all been formally dropped, so Trump is no longer charged with any crimes that could result in further consequences.
Why Was Trump Impeached?
Trump was first impeached in 2019 based on a phone call he had with Ukrainian President Volodymyr Zelenskyy, in which he appeared to pressure the leader to open investigations that would benefit Trump in the 2020 election in exchange for the U.S. releasing military aid to Ukraine. Articles of impeachment were brought against him on two counts, for allegedly abusing his power through his dealings with Zelenskyy and then allegedly obstructing the House’s investigation into the matter. Trump was then impeached again in 2021 after the Jan. 6 riot, with House lawmakers alleging Trump incited the insurrection through his false claims of fraud in the 2020 election and making statements before the riot that allegedly “encouraged” his supporters. The Senate did not hold a trial on Trump’s impeachment until after he had already left the White House, but senators determined the chamber still had the power to convict or acquit a former president based on their acts in office. Senators voted 57-43 to convict Trump, but that still fell short of the two-thirds majority needed, so he was ultimately acquitted.
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Why Was Trump Convicted In Hush Money Case?
Trump was convicted in Manhattan on 34 felony charges of falsifying business records. The charges were based on former Trump attorney Michael Cohen’s hush-money payments to adult film star Stormy Daniels before the 2016 election, which Trump then reimbursed Cohen for through a series of payments that were labeled as being for legal fees. A jury agreed with prosecutors that those payments were fraudulently labeled, making Trump the first current or former president to be convicted of a felony. The president pleaded not guilty to the charges against him and has long decried the case as a “hoax” designed to harm him politically.
Further Reading
Trump and Allies Are Working on Plan to ‘Expunge’ Impeachments (Wall Street Journal)
Judge appears skeptical of Trump’s latest bid to nix his hush money conviction (Politico)
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Trump Formally Convicted—But Faces No Punishment (Forbes)
Trump Floats Idea Of Reversing 2019 Impeachment—Again (Forbes)