Donald Trump and Allies Seek to Expunge Previous Impeachments Through Congress

Donald Trump and several political allies are reportedly developing a strategy to request that Congress “expunge” his two impeachments from the official record. While no specific federal law exists to govern the process of erasing impeachment proceedings, the move aims to symbolically clear his political history of the 2019 and 2021 charges.

The Wall Street Journal reports that Trump and his associates are working on a plan to have the articles of impeachment against him voided. This effort, according to reporting from The Guardian and other news outlets, would function as a symbolic gesture to rectify what the former president describes as politically motivated actions. The proposal seeks to address the two separate instances where the House of Representatives impeached Trump: once in 2019 and again in 2021.

The push for expungement comes as Trump maintains that the proceedings were illegitimate. However, legal experts noted in reports by Forbes and Reuters suggest that the constitutional process for impeachment does not include a formal mechanism for “expunging” or deleting the records once the House has voted and the Senate has conducted a trial.

How would the expungement of impeachments work?

The term “expunge” generally refers to the legal process of erasing a record, such as a criminal conviction or a judicial proceeding. In the context of the United States Congress, the plan involves seeking a resolution or legislative action that would formally declare the previous impeachments null and void. Because the Constitution provides the framework for impeachment but does not outline a process for its removal, the move relies on legislative discretion rather than established statutory law.

According to the Wall Street Journal, the strategy involves coordinating with allies in Congress to introduce measures that would effectively strike the articles of impeachment from the historical record. This would likely require a vote in the House of Representatives, as the House holds the sole power of impeachment. While a Senate vote might be sought to affirm the reversal, the primary action would originate from the chamber that brought the charges.

Legal analysts have pointed out that such an action would be unprecedented. While Congress frequently passes resolutions to express sentiment or correct the record, using that power to undo a completed constitutional process like impeachment presents significant procedural questions. The goal, as described by those involved in the planning, is to provide a sense of legal and historical closure for the former president.

The legal challenges and lack of constitutional precedent

A primary obstacle to this plan is the absence of a legal mandate. There is no existing statute or constitutional clause that dictates how a completed impeachment can be reversed or removed from the record. The impeachment process is a constitutional function intended to hold high-ranking officials accountable, and once the House impeaches and the Senate reaches a verdict, the process is considered concluded.

Constitutional scholars cited in various reports suggest that while Congress has broad authority to pass resolutions, the distinction between a “symbolic” resolution and a “legal” voiding of a constitutional act is significant. A resolution could state that the impeachments were flawed or unwarranted, but it might not technically “erase” the historical fact that the votes occurred. This distinction is central to the debate over whether the plan can achieve its intended goal of clearing Trump’s official record.

Furthermore, the permanence of the Congressional Record poses a practical challenge. The Congressional Record serves as the official account of all proceedings and debates in the House and Senate. Even if a new resolution is passed, the original articles of impeachment and the subsequent trial records remain part of the documented history of the United States government.

A history of the two impeachments of Donald Trump

To understand the scope of the proposed expungement, it is necessary to review the specific charges that led to the two separate impeachment proceedings. Both instances resulted in impeachment by the House of Representatives, followed by acquittals in the Senate.

Year	Primary Charges	House Action	Senate Outcome
2019	Abuse of Power and Obstruction of Congress	Impeached	Acquitted
2021	Incitement of Insurrection	Impeached	Acquitted

The first impeachment in 2019 centered on allegations regarding a phone call between President Trump and Ukrainian President Volodymyr Zelenskyy. The House passed articles of impeachment for abuse of power and obstruction of Congress, alleging that the administration withheld military aid to pressure Ukraine into investigating political rivals. During the Senate trial, the votes fell short of the two-thirds majority required for conviction.

The second impeachment in 2021 followed the events of January 6 at the United States Capitol. The House impeached Trump on a single charge of incitement of insurrection. The Senate trial concluded in February 2021, where the former president was again acquitted after the necessary threshold for conviction was not met.

Political motivations behind the expungement effort

The drive to expunge these records is widely viewed by political analysts as a strategy to manage the former president’s legacy and political standing. By attempting to remove the impeachments from his record, Trump and his supporters aim to neutralize a recurring point of criticism from political opponents.

For the former president, the impeachments are viewed as “witch hunts” that have unfairly tarnished his presidency. Successfully pushing for an expungement, even if purely symbolic, would allow his campaign and supporters to claim a formal vindication from the legislative branch. This could be particularly impactful in shaping the historical narrative of his administration and his fitness for future office.

For Republican allies, supporting such a measure serves as a way to signal solidarity with Trump and to challenge the legitimacy of the actions taken by previous Democratic-led House majorities. The move is as much about the political identity of the modern Republican Party as it is about the specific legal status of the former president.

However, the proposal also faces political resistance. Democratic lawmakers are expected to oppose any effort to void the impeachments, arguing that the proceedings were essential constitutional exercises and that attempting to erase them undermines the integrity of the impeachment process itself.

The next significant development regarding this plan will likely depend on the introduction of any formal resolutions in the House of Representatives or official statements from Congressional leadership regarding the feasibility of such a request.

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