The Democratic victory in the House of Representatives and the Senate opens a new scenario for Donald Trump: the possibility of facing a third impeachment. The opposition will have the ability to investigate his performance and push for a formal indictment, although controlling Congress does not guarantee the votes needed to remove him from the White House.
Trump himself had warned of that risk. On January 6, before Republican lawmakers, he linked the midterm elections to his political future: "You'll find a reason to put me through impeachment," he assured, according to ABC News. The warning anticipated a battle that will now depend on the evidence, on Democratic decisions, and on the position of Republicans.
What an impeachment is and why it does not mean removal
Impeachment is the constitutional mechanism by which Congress can hold a president accountable for serious conduct committed in the exercise of power. The House of Representatives makes the accusation and the Senate decides whether to convict.
Therefore, that a president is put through impeachment means he has been formally accused by the House. He can remain in office if the Senate acquits him, as happened with Trump in his two previous processes.
The US Constitution lists as causes treason, bribery, and other "high Crimes and Misdemeanors." This latter phrase has a debated scope and allows serious abuses of presidential power to be examined. Losing an election or implementing unpopular policies does not, by itself, constitute a cause for impeachment.
What causes have been raised against Trump
The debate does not start from scratch. During his second term, initiatives to accuse him have already been presented. Their contents make it possible to identify possible lines of investigation, although they are allegations from their proponents, not facts supported by a Senate conviction or charges automatically assumed by the entire Democratic Party.
In April 2025, Democratic congressman Shri Thanedar submitted seven impeachment articles that included these allegations:
- Obstruction of justice and violation of due process, for actions related to deportations, failures to comply with court orders, and use of the Department of Justice.
- Invasion of the budgetary powers of Congress, by blocking funds and dismantling entities established by law.
- Abuse of commercial powers and threats against other countries, in relation to tariffs and certain international initiatives.
- Retaliation against critics, the media, and lawyers, that his proposal tied to violations of freedom of expression.
- Irregularities in the creation and functioning of the DOGE, the government efficiency body associated with Elon Musk.
- Bribery and corruption, for alleged personal and political benefits derived from holding office.
- Concentration of power and violation of constitutional limits.
The resolution developed, among other matters, the accusations of disobedience to the courts, the retention of funds approved by the Legislature, and the use of public powers to obtain private benefits. An eventual process would have to clarify which conduct is investigated, what evidence supports it, and why it justifies a constitutional charge.
Also, Representative Al Green introduced another initiative in August 2026. In it, he accused Trump of allowing abuses by the immigration agencies ICE and CBP and of tolerating the lack of accountability for violent actions. Those accusations appear in the official communication with which Green announced his proposal.
Is there a Democratic decision to take it to impeachment?
Individual initiatives do not amount to a party commitment to open a new processagainst Trump. The Democrats’ conduct before the elections shows that the issue also creates strategic divisions within the party.
On September 15, the House voted to table Green’s resolution by 232 votes to 147, with 47 members voting “present.” The outcome left that initiative with no path forward and shows that presenting impeachment articles does not guarantee they will move forward.
The new majority changes the parliamentary capacity to act. The decision to use it to accuse Trump will require, in addition, gathering support within the Democratic caucus and agreeing on the charges.
What the process would look like and what majorities would be needed
The procedure has two distinct scenarios: impeachment in the House of Representatives and trial in the Senate.
| Phase | What happens | Required majority |
|---|---|---|
| Investigation | Conduct, documents and testimonies are examined. Usually, the House Judiciary Committee is involved. | Depends on the applicable decisions and parliamentary rules. |
| Formal accusation | The House of Representatives votes on the articles of impeachment. Its approval entails the formal accusation of the president. | Simple majority. |
| Political trial | The Senate tries the president. Representatives from the House carry out the accusation and the Chief Justice of the Supreme Court presides over the trial. | Two thirds of the senators present to convict: 67 votes if all 100 participate. |
| Removal from office | If the Senate convicts the president, he loses the office and the vice president assumes the Presidency. | It is a consequence of the conviction; it does not require an additional vote. |
The investigation and the preparation of the charges usually go through the Judiciary Committee, although there is no single mandatory sequence for all cases. Once the articles are approved, the House designates the representatives who will defend the accusation before the Senate. In a trial against a sitting president, the Chief Justice of the Supreme Court presides.
The decisive difference lies in the votes: if all 100 senators participate, 67 are needed to convict. Winning the Senate with an ordinary majority allows controlling its activity, but it does not automatically reach that constitutional threshold.
The new majorities will also assume their functions with the Congress that begins on January 3, 2027. The electoral victory does not immediately modify the composition of the current chambers.
Trump’s two precedents
Trump already knows the difference between being accused and being convicted.
In December 2019, the House approved his first impeachment for abuse of power and obstruction of Congress, related to pressure on Ukraine to investigate Joe Biden. The Senate acquitted him in February 2020.
In January 2021, he was accused of incitement to insurrection after the attack on the Capitol. In the subsequent trial, 57 senators voted to convict him and 43 against. There were more votes in favor than against the conviction, but not the two-thirds required. He was acquitted again.
Has any US president been removed from office?
No U.S. president has been removed from office through an impeachment procedure. Andrew Johnson, accused in 1868, and Bill Clinton, accused in 1998 of perjury and obstruction of justice, were also acquitted by the Senate.
Richard Nixon constitutes a different precedent: he resigned on August 9, 1974, in the middle of the Watergate scandal, before the full House voted on his impeachment. That is why, although the process had been opened, it did not end up being formally submitted for impeachment.
What would happen if Trump were removed
In the hypothetical case of a conviction of Donald Trump, the Presidency would pass to the vice president, under the 25th Amendment. No presidential elections would be automatically called and the Democratic majority leader would not assume the office.
The Democratic victory makes it possible to push forward investigations and a possible impeachment. To turn it into removal, the key would be to gather a two-thirds majority in the Senate: a requirement that forces a distinction between having the votes to impeach Trump and having them to remove him from power.