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The Historical Record

Second Trump Impeachment

The January 6 attack, incitement charge and Senate proceedings in 2021

CHAPTER 01

The constitutional charge

On January 13, 2021, the House impeached President Donald Trump for a second time, adopting one article charging incitement of insurrection after the January 6 attack on the U.S. Capitol. The article cited his efforts to challenge the election and his statements to supporters before the assault.

Trump disputed responsibility and argued that his speech was protected political expression. The impeachment article represented the House's constitutional accusation, not a criminal conviction.

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CHAPTER 02

Trial after the presidency

Trump's presidential term ended on January 20, before the Senate trial began. Senators debated whether the Constitution permitted trial of a former president for conduct committed while in office. A majority voted that the trial could proceed.

House managers presented video and documentary evidence from January 6 and argued that Trump's actions encouraged the attack. The defense disputed the causal connection and the constitutionality of the proceedings.

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CHAPTER 03

Acquittal and legacy

On February 13, 2021, 57 senators voted guilty and 43 not guilty. Because conviction required a two-thirds majority, Trump was acquitted. Seven Republicans joined all 50 Democrats and independents voting to convict.

The outcome did not resolve all legal questions arising from January 6. Congressional investigation and separate criminal proceedings followed. The impeachment record should be read alongside the January 6 collection, but the two collections address different constitutional processes.

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CHAPTER 04

Constitutional questions after a presidency

The second trial took place after Trump left office. Senators debated jurisdiction over a former president, the meaning of incitement in impeachment, and the evidence tying Trump’s statements to the attack. The acquittal followed a 57–43 vote, short of the constitutionally required two-thirds majority.

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In-Depth Historical Articles

How January 6 Led to a Second Impeachment

On January 6, 2021, a crowd breached the U.S. Capitol while Congress met to count electoral votes. The attack forced the suspension of the joint session and the evacuation or sheltering of lawmakers. The House moved rapidly to consider impeachment of President Donald Trump.

2021-01-13

The Article of Incitement of Insurrection

The second impeachment article accused Donald Trump of incitement of insurrection following the January 6 attack. It referred to his statements about the 2020 election, his efforts to challenge the result, and his remarks to supporters before Congress met.

2021-01-13

Can the Senate Try a Former President?

By the time Donald Trump’s second impeachment trial began, he had left office. Senators therefore debated whether the Constitution allowed the Senate to try a former president for acts committed while in office.

2021-02-09

What House Managers Presented at the 2021 Trial

House impeachment managers presented video, public statements, and a chronology of January 6 to support the charge that Trump incited insurrection. Their case connected the president’s efforts to challenge the election with the crowd’s movement toward the Capitol and the interruption of Congress.

2021-02-10

The 57–43 Senate Vote

On February 13, 2021, the Senate voted 57 guilty to 43 not guilty on the single impeachment article against former President Donald Trump. Seven Republican senators joined all 50 Democratic and independent senators voting to convict.

2021-02-13

Documented Chronology

Event descriptions summarize the available record. Linked references provide supporting context; not every source independently verifies every detail of an event.

Capitol attack

The joint session counting electoral votes is interrupted by an attack on the Capitol.

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Second impeachment

The House adopts H. Res. 24.

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Presidential transition

Trump leaves office.

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Presidential term ends

Trump leaves office before the Senate trial begins.

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Senate trial begins

The Senate debates jurisdiction and proceeds with trial.

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Acquittal

The Senate votes 57 guilty, 43 not guilty; the article fails to reach two-thirds.

Sources: [1]