Impeachment as a political tool: after the US midterms, there may be more of it

The failed impeachment of Hegseth and what comes next

The Secretary of Defense (War) in Donald Trump's administration, Pete Hegseth, called the impeachment attempt against him this week a 'farce' and 'sabotage'. The case was built on the accusation that Hegseth launched a war against Iran without proper congressional approval, and it initially looked unlikely: the House of Representatives voted to send the articles of impeachment to committee, effectively closing the matter. Nevertheless, many observers believe this could be the first in a wave of impeachment attempts, possibly with a third attempt to remove Trump himself at the head. Deutsche Welle reports on this in a piece examining how impeachment works and why it may be discussed more often.

How the procedure works and why it rarely leads to removal

Impeachment in the United States is not a criminal prosecution but a procedure that allows a legislative body to bring charges against an elected official, such as a judge or the president; its outcome can be removal from office. After a case is filed in the House of Representatives, it is considered in the Senate, but conviction requires a two-thirds majority. Since 1799, when the first case concluded, impeachment has been brought against only eight people, all of them judges. It is precisely because of the two-thirds threshold that impeachment is more often used to draw attention to alleged misconduct and possibly force a resignation. Frank O. Bowman III, a law professor at the University of Missouri who consulted on both of Trump's cases, told DW that using the threat of impeachment as a signal is 'a rather old tactic,' but it has 'definitely become more common in the Trump and Biden era.' Keith Whittington, a professor at Yale Law School, added that Congress approaches this tool in an extremely partisan way, dooming any chances of conviction, although, in his words, the founders did not intend to turn impeachment into a partisan weapon.

Trump's third impeachment: possible, but not necessarily right away

Following the recent midterm elections, Democrats will control both chambers of Congress starting next year, which raises the likelihood of an unprecedented third impeachment of Trump. Earlier, he was acquitted by the Senate in 2020 on charges of abuse of power and obstruction of Congress, and in 2021 on a charge of 'incitement to insurrection.' Bowman believes that in both past cases the charges 'should have succeeded,' but their failure, in his view, significantly devalued impeachment in the eyes of the public. At the same time, he cautions Democrats against starting their work in the House with a hasty impeachment: it is more important to show voters that the party is addressing issues of practical importance to ordinary people. In his assessment, chances could emerge if enough Republicans and public sentiment turn against Trump. Whittington calls close negotiations with Republican senators the best strategy in order to find votes from across the aisle — this is less satisfying for the party base, but it creates the greatest risk of convicting and removing the president.

Other targets: Trump's cabinet in the crosshairs

The Hegseth case demonstrates an appetite for impeaching other cabinet members as well. Articles of impeachment have already been filed against Health and Human Services Secretary Robert F. Kennedy Jr. and Education Secretary Linda McMahon, and Attorney General Todd Blanche, who warned Democrats against investigating officials in the administration, could also become a target in the new Congress. Whittington notes that Democrats will face enormous pressure from their own base, and the support for impeaching Hegseth by many Democrats in the procedural vote indicates a willingness to continue this line. Bowman suggests that since gathering votes against Trump himself is difficult due to his 'cult of personality' within the Republican Party, Democrats may 'pick off' his closest allies, sending a signal to the administration. Finally, as Whittington emphasizes, conviction is not the only criterion of success: the mere threat of impeachment often prompts an official mired in scandal to resign, which is why actual Senate trials occur less often than one might expect.