No US president has been ever impeached in American history for launching a war without authorisation of the US Congress. Yet, the champions of impeaching a President for bypassing the Congress for starting a war have never given up.
But the defeat of the impeachment motion this time brought against President Donald Trump for bombing Iran this was monumental. In a House of Representatives of 435, only 79 voted for the motion. The 344 voted to “table”, i.e. to “kill” the impeachment motion without a debate, in American parlance.
There is not one instance in American history where an impeachment motion has been defeated with such a crushing margin. Evidently, a very large number Democrats sided with Trump. Motion was brought in by Texas Rep. AI Green and New York City Rep. Alexandria Ocasio-Cortez a.k.a. “AOC” calling for Trump’s impeachment.
In the instant case, the calls for impeachment of Trump for attacking Iran’s nuclear facilities were strident, led by likes of AOC, a known Trump baiter and Israel hater. Unfazed Trump not only dismissed AOC’s dire warnings, but also mocked her while showering praise on US Air Force for spectacular show of military might by dropping most Massive Ordinance Penetrator (MOP) bunker buster bombs from B-2 Stealth Bombers in a 44 hours long-haul operation.
Trump likened his massive attack on Iran to a “peaceful, war-stopping” act of America akin to that of President Harry S. Truman when ordered bomb Hiroshima. That actually brought an end to the World War-II. Half cheekily, Trump also wanted to be conferred a Nobel Prize for Peace. The self-aggrandizing call somehow fizzled out, partly owing to his choice of country making his nomination for Nobel – Pakistan. And we do not know if war in Israel and Iran has really stopped. His latest peacenik bid seems to have no taker. Earlier bid flopped after being spurned by Russian President Vladimir Putin to call off hostilities with Ukraine.
Back home, AOC went town with calls for impeachment. A lukewarm support from her fellow Democrats did not deter her. Outside, President Emmanuel Macron of France did criticise US Congress for weakening Congressional oversight on US president’s declaration of war. France was seconded by Turkey. Russia, being Iran’s rational ally, condemned the attack, but fell short of criticising US Congress.
So far, the US has carried out over 200 attacks on the foreign soil – from one-time sting ops to take out some “rogue” to full-scale attacks which followed by ground invasion with boots on the ground for a long-term occupation, such as in Iraq, Afghanistan. Of these, full scale invasion were about 20, but formal declaration of war was made only in 11 cases. The Authorised Use of Military Force (AUMF) was granted by the Congress only in 4 cases whereas in 8 major wars the US Presidents went ahead without seeking any Congressional approval.
In another case, Trump in 2019 used his Presidential veto power to strike down Congress resolution that called for withdrawal of US military from Saudi Arabia in Yemen war. Presidential veto is not absolute, Congress can override it but only if it gets two-third majority in both chambers – the House of Representatives (290 out 435) and Senate (67 out 100). So far, Congress never had one.
How a President is impeached?
Impeachment is provided for in the US Constitution. The House of Representatives has “the sole Power of Impeachment” as per Article 1.2. Senate has the sole power to try all impeachments. Article 2.4 says “The President, Vice President and all civil Officers” may be impeached for “Treason, Bribery, or other high Crimes and Misdemeanours.”
At the House:
Any member of the House may introduce an impeachment resolution, or the Speaker may refer allegations to the House Judiciary Committee. The Committee investigates, holds hearings, and drafts “articles of impeachment” each spelling out a charge.
Each article of impeachment is considered separately by the full House and votes. Simple majority (50% plus) of members present and voting is required to adopt any article. At least one article need to be adopted to start impeachment of the President.
Then the Speaker of the House passes the article(s) of impeachment to the Senate. The Senate sets rules for the trial. Chief Justice of the US Supreme Court presides if the President is being tried; otherwise, the Vice President presides. Members of the House act as prosecutors. On Defence side, the President (or his counsel) presents a defence.
At the Senate:
After presentation of evidence and arguments, the Senate debates and then votes on each article. Two-thirds majority (67 of 100 senators) is required to convict on any article. Conviction automatically removes the President from office.
The Senate may, by a separate vote of simple majority, also bar the President from holding “any Office of Honour, Trust or Profit” in the US. Upon removal, the Vice President immediately becomes President under the Presidential Succession Clause in Article 2.1. The removed President may also face civil lawsuits or criminal charges in ordinary courts; impeachment itself does not preclude later prosecution.
Minimal vote threshold for the House is a simple majority (50% plus) on each article of impeachment, and the Senate the two-thirds (or 67 of 100 senators).
No President has ever been removed from office through the impeachment process. All were acquitted in the Senate and completed their terms, with exception to President Richard Nixon who resigned before the vote.
Lastly, an important point here is that the invasion on Iran ordered by Trump will always a remain a “one-time repellent or corrective attack” never a full war that requires a must-have Congressional authorisation. It is for this reason, too, Trump’s sworn political enemies also did not vote in the impeachment motion. President is not really obliged to even disclose the plan or the operation details, if a disclosure can lead to failure of mission, or huge repercussions. For example, Israel’s plan to attack was leaked by a CIA contractor in October 2024, and the attack had to be aborted.
