Trump Not Impeached Reasons And Potential Obstacles Explained

The two impeachment proceedings against former President Donald Trump were among the most consequential political events in modern American history. While he was impeached by the House of Representatives twice—first in December 2019 and again in January 2021—he was acquitted both times by the Senate. Understanding why Trump was not removed from office requires a close examination of constitutional procedures, political dynamics, legal interpretations, and institutional constraints. This article breaks down the key reasons and systemic obstacles that prevented his conviction.

Constitutional Framework and Impeachment Process

Impeachment in the United States is a two-step process defined by the Constitution. The House of Representatives holds the sole power to impeach, which functions like an indictment. The Senate then conducts the trial and decides whether to convict and remove the official from office. Conviction requires a two-thirds supermajority vote in the Senate—67 votes if all 100 senators are present.

This high threshold is intentional. The Founding Fathers designed impeachment as a safeguard against abuse of power, not a routine political tool. As Alexander Hamilton wrote in Federalist No. 65, impeachment concerns “those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust.”

In both of Trump’s impeachments, the House voted along party lines to approve articles of impeachment. However, the Senate trials revealed deep partisan divisions, making it nearly impossible to reach the 67-vote threshold needed for removal.

First Impeachment: Abuse of Power and Obstruction of Congress (2019–2020)

The first impeachment stemmed from allegations that Trump withheld military aid to Ukraine to pressure its government into investigating Joe Biden and his son, Hunter. The House charged him with abuse of power and obstruction of Congress.

Despite compelling testimony from career diplomats and national security officials during the inquiry, Republican leadership in the Senate, led by Majority Leader Mitch McConnell, structured the trial to limit new witness testimony and documentary evidence. This procedural control played a critical role in shaping the outcome.

Tip: The balance of power between congressional chambers often determines the effectiveness of impeachment—control of the Senate can effectively shield a president from removal.

On February 5, 2020, the Senate acquitted Trump on both charges. All Democrats and one Republican (Mitt Romney) voted to convict on abuse of power; Romney was the only senator in U.S. history to vote to convict a president of his own party. On obstruction of Congress, no Republicans voted to convict.

“Impeachment is not just about what the president did; it’s also about what the Senate is willing to do.” — Norm Eisen, Constitutional Scholar and Former White House Ethics Lawyer

Second Impeachment: Incitement of Insurrection (2021)

Following the January 6 Capitol riot, the House impeached Trump for incitement of insurrection—the first time a president had been impeached twice. The charge centered on his rhetoric before the rally, including claims of a stolen election and exhortations for supporters to “fight like hell.”

The Senate trial occurred after Trump had already left office, raising a constitutional question: Can a former official be tried via impeachment? A majority of senators—57 out of 100—voted “guilty,” falling short of the required 67. Notably, seven Republicans joined all Democrats in voting to convict.

This was the most bipartisan vote in either trial, but still insufficient for removal. Because Trump was no longer in office, removal was moot. However, conviction could have led to disqualification from holding future office—a political consequence many saw as significant.

Timeline of Key Events in the Second Impeachment

1. January 6, 2021: Supporters storm the U.S. Capitol during electoral certification.
2. January 11: House begins drafting articles of impeachment.
3. January 13: House votes 232–197 to impeach Trump.
4. February 9: Senate trial begins.
5. February 13: Final vote results in acquittal—57 guilty, 43 not guilty.

Key Reasons Trump Was Not Convicted

Several interlocking factors contributed to Trump’s acquittals. These include legal arguments, political calculations, party loyalty, and structural features of the impeachment process.

1. High Constitutional Threshold for Conviction

The two-thirds requirement in the Senate is deliberately difficult to meet, especially in a polarized environment. Even with bipartisan support, securing 67 votes is a monumental challenge when one party largely stands behind the accused.

2. Partisan Loyalty and Party Discipline

The Republican Party remained largely unified in defense of Trump. Despite widespread condemnation of the January 6 attack, many GOP lawmakers feared primary challenges or backlash from their base if they supported conviction.

3. Procedural Obstacles in the Senate

In the first trial, Senate Republicans rejected Democratic efforts to subpoena witnesses like John Bolton. In the second, the debate over trying a former president created uncertainty, even though historical precedent and scholarly consensus supported the constitutionality of post-tenure impeachment.

4. Legal Defenses and Interpretation of “High Crimes”

Trump’s legal team argued that his actions did not meet the constitutional standard of “high crimes and misdemeanors.” They framed the Ukraine call as diplomatic engagement and dismissed the January 6 speech as protected political speech under the First Amendment.

5. Electoral and Political Timing

The second impeachment occurred just days before Joe Biden’s inauguration. Some senators argued that removing a president who had already lost an election was unnecessary. Others believed voters had already passed judgment.

Obstacles to Future Impeachment Effectiveness

The Trump impeachments exposed systemic weaknesses in the impeachment mechanism as a check on presidential power. These obstacles are likely to persist:

Obstacle	Description	Impact
Partisan Polarization	Lawmakers prioritize party loyalty over institutional duty.	Reduces likelihood of cross-party conviction.
Senate Control	The chamber conducting the trial is controlled by elected politicians with re-election concerns.	Trial rules may favor the accused to protect party interests.
Public Opinion Influence	Senators weigh constituent reactions more than constitutional duty.	Can deter accountability regardless of evidence.
Narrow Definition of Impeachable Offenses	Some argue only criminal acts qualify, though framers intended broader ethical standards.	Limits scope of actionable misconduct.

Mini Case Study: Mitt Romney’s Vote in the First Trial

In the first impeachment trial, Senator Mitt Romney broke ranks with his party by voting to convict Trump on the abuse of power charge. His decision was rooted in moral and constitutional conviction. In a dramatic floor speech, Romney stated, “I will tell my children and grandchildren that I did my duty to the Constitution.”

Romney’s vote highlighted the personal cost of crossing party lines. He faced immediate backlash from conservative media and constituents. Yet his action underscored that individual conscience can play a role—even if insufficient to change the outcome. It remains one of the few instances of a major-party senator voting to remove a president from their own party.

Frequently Asked Questions

Was Donald Trump the only U.S. president to be impeached twice?

Yes. Trump is the only U.S. president to have been impeached twice by the House of Representatives. Andrew Johnson and Bill Clinton were each impeached once; none were removed by the Senate.

Can a president be impeached after leaving office?

Yes. Historical precedent and constitutional scholarship support the legality of trying a former official. The purpose is not removal—but disqualification from future office. The Senate accepted jurisdiction in Trump’s second trial based on this principle.

Did any Republicans vote to convict Trump?

In the first trial, zero Republicans voted to convict. In the second, seven Republican senators voted “guilty”: Richard Burr, Bill Cassidy, Susan Collins, Lisa Murkowski, Mitt Romney, Ben Sasse, and Pat Toomey.

Checklist: Factors That Determine Impeachment Success

• Clear evidence of misconduct presented in a transparent inquiry
• Bipartisan support in the House for impeachment articles
• Willingness of the Senate to allow witness testimony and evidence
• Cross-party cooperation in the Senate to reach 67 votes
• Public opinion aligned with accountability, not partisanship
• Timely process that occurs while the official is still in office (for removal)
• Strong legal and constitutional justification beyond political disagreement

Conclusion

The failure to convict Donald Trump in either impeachment trial was not due to a lack of allegations or evidence, but rather a combination of procedural hurdles, partisan entrenchment, and the high bar set by the Constitution. While impeachment serves as a vital check on executive power, its effectiveness depends on political courage and institutional integrity—qualities that are increasingly scarce in hyper-partisan times.

💬 What do you think should change about the impeachment process to make it more effective? Share your thoughts in the comments.