If you’ve spent any time on social media or watching the news lately, you've probably seen the "I-word" floating around again. It feels like a repeat of a movie we’ve already seen twice. But honestly, the landscape in 2026 is way different than it was back in 2019 or 2021. People keep asking, "Can we impeach Donald Trump?" and the answer is technically yes, but the "how" and the "why" are tangled in a mess of new military actions, constitutional debates, and some very angry people in DC.
Right now, several members of Congress aren't just talking; they are actually filing papers. Representative Thanedar and Representative April McClain Delaney have already pushed resolutions (like H.Res.353 and H.Res.537) onto the floor. They aren't just mad about old stuff either. This time, it’s about a unilateral military strike in Venezuela and accusations of "authoritarian" power grabs.
Why Everyone Is Talking About Impeachment (Again)
It's not just "orange man bad" rhetoric this time. The current friction stems from a specific weekend in early January 2026. Without getting a green light from Congress, the administration launched an attack on Venezuela. Representative McClain Delaney didn't hold back, calling it an "unauthorized and harmful action" that bypassed the Constitution's war powers.
Basically, the Constitution says only Congress can declare war. When a President moves troops or drops bombs without that nod—unless there's an immediate threat—it creates a massive legal firestorm.
The Specific Charges on the Table
In the 119th Congress, the articles of impeachment being tossed around include:
- Usurpation of War Powers: For the Venezuela strikes.
- Obstruction of Justice: For allegedly interfering with various federal probes.
- Violations of the First Amendment: Claims that the administration is targeting political enemies.
- Abuse of Appropriations: Moving money around for things Congress didn't approve.
Can You Impeach Someone Who Was Already Impeached?
Yeah, you can. There is no "three strikes and you're out" rule in the Constitution, but there’s also no limit on how many times a President can be impeached. It's a political process, not a criminal trial.
Think of it like a job review that can lead to being fired. If the House of Representatives thinks the President did something "high crime and misdemeanor-y," they can vote to impeach with a simple majority. But—and this is the part people always forget—impeachment doesn't mean removal.
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The Senate Reality Check
To actually kick a President out of the White House, the Senate has to hold a trial. You need a two-thirds majority to convict. In a divided 2026 Senate, getting 67 senators to agree on anything is basically like trying to herd cats in a thunderstorm.
Senator Chris Murphy recently admitted that any real movement toward removal probably depends on the 2026 midterms. If Democrats don't take back a massive chunk of the Senate, these impeachment articles are mostly just symbolic. They're "messages" sent to the voters, even if they don't result in a moving truck pulling up to the West Wing.
The "Ex-President" Loophole Debate
There’s a lot of confusion about whether you can impeach someone for things they did while they weren't in office, or if you can impeach them after they leave. We saw this during the second impeachment trial in 2021. Some legal scholars, like Michael Luttig, argued you can't impeach a "private citizen."
But the Senate eventually decided they could try an ex-president because the punishment isn't just removal—it’s also disqualification.
"Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States." — Article I, Section 3
If the goal is to stop someone from ever running again, impeachment is the only tool Congress has that doesn't involve a regular criminal court.
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What’s Different in 2026?
The vibe is just... heavier. Back in 2019, it was about a phone call to Ukraine. In 2021, it was about the January 6th riots. Now, the arguments are centered on "institutional dismantling."
Legal trackers like Democracy Docket are following hundreds of lawsuits. There are probes into whether the administration ignored court orders regarding Salvadoran prisons and concerns about "temporary" appointments of U.S. Attorneys to bypass Senate confirmation.
It's a lot of "inside baseball" legal stuff, but it adds up to a charge of "systemic" constitutional violations.
Common Misconceptions
Let’s clear some things up because the internet is full of bad info.
1. Impeachment is a criminal conviction.
Nope. You don't go to jail because of impeachment. You just lose your job. A President can be impeached, removed, and then prosecuted in a regular court for the same crimes.
2. The Supreme Court can stop it.
Generally, the Supreme Court stays out of it. They view impeachment as a "political question" that belongs strictly to Congress. Chief Justice John Roberts might preside over the trial, but he doesn't get a vote.
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3. "High Crimes and Misdemeanors" means a literal crime.
Kinda, but not really. Alexander Hamilton described impeachable offenses as "the abuse or violation of some public trust." A President could technically be impeached for being really bad at their job or doing something legal but morally reprehensible in a way that hurts the country.
What Happens Next?
If you're watching this play out, don't expect a resolution tomorrow. The House Judiciary Committee usually handles the heavy lifting of investigations first.
Actionable Insights for Following the Process:
- Watch the House Floor: Keep an eye on "privileged resolutions." These are the fast-track attempts to force a vote.
- Check the Midterm Polls: The 2026 elections will dictate if an impeachment trial has any teeth. Without a 67-seat consensus, it’s a stalemate.
- Read the Text: Don't rely on headlines. Look up H.Res.353 on Congress.gov to see exactly what they are accusing the President of doing.
The question of "Can we impeach Donald Trump?" is legally "yes," but politically "it's complicated." It requires a mix of legal proof, public will, and—most importantly—math in the Senate that just doesn't exist right now.
If you want to stay ahead of the curve, start looking at the specific legal challenges to the "War Powers Act." That’s where the real fight is happening. If the courts or Congress can prove the Venezuela strikes violated that specific law, the calls for impeachment will move from the fringes of Twitter right into the center of the House floor.
Keep an eye on the House Judiciary Committee's upcoming schedule for any "investigatory hearings" linked to these new resolutions. That's the first real sign that things are moving beyond talk and into action.