PolicyBrief
H.RES. 25
119th CongressJan 9th 2025
Expunging the January 13, 2021, impeachment of President Donald John Trump.
IN COMMITTEE

This bill expunges the January 13, 2021, impeachment of President Donald J. Trump, effectively removing it from the record. The bill argues the impeachment lacked due process and sufficient evidence.

Marjorie Greene
R

Marjorie Greene

Representative

GA-14

LEGISLATION

House Bill Seeks to Wipe Trump's Second Impeachment from the Record

This new House bill aims to completely erase President Donald Trump's second impeachment, which occurred on January 13, 2021, following the events at the Capitol. The bill argues that the impeachment—for "Incitement of Insurrection"—didn't prove Trump committed any high crimes or misdemeanors, or engaged in insurrection. It seeks to retroactively declare the impeachment as if it never happened.

Rewriting History?

The core of this bill revolves around re-litigating the events and justifications of the 2021 impeachment. The text claims the original impeachment resolution lacked context, particularly regarding Trump's speech on January 6th. It highlights Trump's statement urging supporters to march "peacefully and patriotically," while omitting other parts of the speech that were central to the charge of incitement. The bill also points to "unusual voting patterns" in the 2020 election and changes to state election laws as relevant context, despite these claims having been repeatedly investigated and refuted. Section 2 of the bill goes into specific detail about Trump's increased vote total in the 2020 election and his victory in the majority of "bellwether counties," implying that these facts cast doubt on the election's outcome.

Skipping the Details

The bill criticizes the impeachment process itself, stating that no evidentiary hearing was held, no witnesses were called, and President Trump was given no opportunity to respond. It notes that the House rushed the process, leaving the Senate with only a week to conduct a trial. The bill highlights that the Chief Justice of the Supreme Court refused to preside over the Senate trial, which is a constitutionally permissible action when the impeached individual is not a sitting President.

Real-World Implications (and Potential Problems)

If passed, this bill would effectively remove the second impeachment from Trump's record. For the average person, this might seem like inside baseball, but it sets a significant precedent. Imagine a future Congress deciding to expunge any past impeachment simply because the political winds have shifted. This could destabilize the checks and balances between the legislative and executive branches. It's like saying a major historical event—one that was extensively documented and debated—just didn't happen because the current Congress disagrees with it. This isn't just about Trump; it's about the integrity of the historical record and the potential for future political maneuvering to rewrite history based on convenience, not facts.