The next step is a trial in the Senate. If at least two-thirds of the senators find the president guilty, he’s removed from office, and the vice president takes over as president.
But Trump has only seven days left in the White House, and a Senate trial might not take place until after he leaves office. If the Senate voted to convict the former president, it would then take a simple majority of senators to vote to bar Trump from ever again holding federal office. (Experts disagree about whether the Senate would need to convict Trump in order to bar him from holding office again.)
The uncertainty about what will come next—and when—underscores just how unprecedented the situation is. No president has been impeached in the final days of his term, or with the prospect of a trial after he leaves office.
Only two presidents other than Trump have ever been impeached—Andrew Johnson in 1868 and Bill Clinton in 1998. They were both acquitted by the Senate and remained in the White House for the remainder of their terms. President Richard M. Nixon also faced impeachment, in 1974, over his role in the Watergate cover-up. But once it became clear that there was enough support in Congress to remove him from office, he resigned.
In 2019, Trump was impeached for the first time, after he was accused of trying to solicit Ukraine’s help in his reelection bid by pressuring its president to open a corruption investigation into Biden and his son, Hunter. But only one Republican senator, Mitt Romney of Utah, broke with his party and voted to convict the president of abuse of power. And the vote count fell well short of the 67 needed—two-thirds of the senators—to remove Trump from office. Several Republican senators have already indicated they might vote to convict President Trump this time around.
Regardless of what happens next, Biden is set to be sworn in as president on January 20. With continuing threats online from right-wing extremists, federal law enforcement authorities are increasing efforts to fortify the Capitol ahead of the inauguration and are planning to deploy up to 15,000 National Guard troops to the National Mall. State governments around the nation, also facing threats of violence over false claims of election fraud, have moved to beef up security for their elected officials as well.
In the meantime, a massive investigation is underway to bring to justice the rioters who breached the Capitol. Dozens of people have already been charged with crimes, and federal authorities said that number is expected to rise into the hundreds, with prosecutors looking at charging some rioters with sedition and conspiracy. On Wednesday, as the impeachment debate was underway, President Trump released a statement deploring violence and lawlessness and calling on Americans to “ease tensions and calm tempers.”
At his inauguration, Biden plans to call for a divided nation to come together at a time of political crisis and a deadly pandemic. As the nation awaits the Senate trial, some experts see the debates in Congress as a further sign that the rioters who stormed the Capitol last Wednesday weren’t able to stop our democracy from functioning, just as they weren’t able to stop the certification of the November election, which lawmakers completed hours after the police had cleared rioters from Capitol.
“If what we saw last week is a mob,” says Kathleen Hall Jamieson, director of the Annenberg Public Policy Center at the University of Pennsylvania, “what we see this week is a process by which we collectively make a decision as a country through our representatives about what, if anything, we should do to hold someone accountable for the actions that may have precipitated it.”
With reporting by The New York Times.