Expunging the January 13, 2021, impeachment of President Donald John Trump.

Bill Number

H.Res. 25

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Government Operations and Politics

Status

Introduced

Latest Action

2025-01-09: Referred to the House Committee on the Judiciary.

Last Updated

2025-04-09T08:06:39Z

AI-Generated Summary

Purpose

This resolution (H. Res. 25) aims to formally annul or erase the record of the House of Representatives' impeachment of former President Donald John Trump on January 13, 2021, treating it as if the impeachment article had never been passed. It argues that the impeachment was based on flawed facts, procedures, and interpretations of the U.S. Constitution, failing to prove "high Crimes and Misdemeanors" or involvement in "insurrection or rebellion."

Key Provisions

• Background on the Impeachment: Recounts that the House passed H. Res. 24 on January 13, 2021, by a vote of 232-197, impeaching Trump on one article titled "Incitement of Insurrection" related to events at the U.S. Capitol on January 6, 2021.
• Criticisms of the Impeachment Article:
• Claims the article provided a one-sided, subjective account of January 6 events, ignoring context from Trump's speech (e.g., omitting his call for "peaceful and patriotic" action).
• Alleges it overlooked widespread voter doubts about the 2020 election, including unusual voting patterns, changes to election laws due to COVID-19, relaxed signature verification rules, and resistance to recounts in swing states.
• Notes Trump's strong electoral performance (e.g., more votes than in 2016, wins in bellwether counties) as evidence of perceived election irregularities.
• Procedural Flaws:
• No evidentiary hearings, witnesses, or opportunity for Trump to respond; rushed process with no amendments or full committee review.
• Only a procedural rule report was issued, not a full Judiciary Committee report, limiting Republican input.
• Timing left the Senate with insufficient time for a trial before Trump's term ended, rendering it constitutionally moot.
• Constitutional Issues:
• Argues the impeachment violated Article I, Section 3 of the Constitution, which limits impeachment judgments to removal from office (impossible post-term).
• Cites the Senate trial's presiding officer (Senate President pro tempore instead of the Chief Justice) as evidence of partisan bias.
• Asserts no proof of "high Crimes and Misdemeanors" (Article II, Section 4) or disqualification under Section 3 of the 14th Amendment.
• Resolving Clause: Declares the impeachment expunged, nullifying its effects on Trump's record and eligibility for future office.

Significant Changes to Existing Law

• This resolution does not amend statutes or create new laws but seeks to symbolically reverse a prior House action by expunging its historical record.
• If passed, it would alter congressional records to reflect the 2021 impeachment as invalid, potentially setting a precedent for revisiting past impeachments through resolutions rather than formal trials.
• No direct changes to election laws, impeachment procedures, or constitutional interpretations are proposed; it focuses on nullifying this specific case.

Potential Impacts

• On Government Agencies: Minimal direct impact, though it could influence House record-keeping and archival practices by the Clerk of the House or Library of Congress.
• On Citizens: May affect public perception of the 2020 election and January 6 events, potentially reducing stigma for Trump supporters and reinforcing narratives of election mistrust; could indirectly influence voter confidence in future elections.
• On International Relations: None explicitly addressed, but symbolically bolstering Trump's legacy might affect U.S. political stability as viewed abroad, though the resolution has no binding foreign policy effects.

Main Stakeholders Affected

• Former President Donald John Trump: Primary beneficiary, as expungement would clear his record of the impeachment, potentially aiding future political ambitions (e.g., restoring eligibility perceptions under the 14th Amendment).
• Members of Congress: Sponsors (e.g., Rep. Marjorie Taylor Greene and other Republicans) and the House as a whole; could empower or divide partisan lines in the Judiciary and Rules Committees.
• American Voters and Electorate: Those questioning the 2020 election outcome or January 6 events may see validation, while others might view it as undermining accountability.
• Political Parties: Republicans pushing for expungement; Democrats and past impeachment supporters (including 10 Republicans who voted for it) could face renewed debate.

Notable Legal, Constitutional, or Political Implications

• Legal/Constitutional: Raises questions about Congress's authority to "expunge" a past vote without Senate involvement, potentially conflicting with the Constitution's impeachment clauses (Article I, Sections 2-3; Article II, Section 4). It challenges whether post-term impeachments are valid and if resolutions can retroactively nullify them, possibly inviting court challenges on separation of powers.
• Political: Highlights partisan divides, portraying the 2021 impeachment as rushed "political theater" driven by hysteria rather than due process. If adopted, it could normalize revisiting historical actions for political gain, affecting impeachment's role as a check on executive power and fueling ongoing debates over election integrity and the 14th Amendment's disqualification clause. As a non-binding resolution, its practical effect is largely symbolic but could influence midterm or presidential campaigns.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Greene, Marjorie Taylor [R-GA-14]

Cosponsors (11)

Rep. Miller, Mary E. [R-IL-15], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Collins, Mike [R-GA-10], Rep. Crane, Elijah [R-AZ-2], Rep. Malliotakis, Nicole [R-NY-11], Del. Moylan, James C. [R-GU], Rep. Nehls, Troy E. [R-TX-22], Rep. Luna, Anna Paulina [R-FL-13], Rep. Van Drew, Jefferson [R-NJ-2], Rep. Harshbarger, Diana [R-TN-1], Rep. Stefanik, Elise M. [R-NY-21]

Recent Actions

• 2025-01-09: Referred to the House Committee on the Judiciary.
• 2025-01-09: Submitted in House
• 2025-01-09: Submitted in House

Bill Versions

• Expunging the January 13, 2021, impeachment of President Donald John Trump. — issued 2025-01-09 — PDF (6 pages)