Wait, didn't that already happen? If you’re scrolling through your feed and seeing people ask why Donald Trump hasn't been impeached yet, you might feel a bit of déjà vu. It’s a confusing question because, technically, the man has been impeached more than any other president in American history.
Twice.
But when people ask this in 2026, they usually aren't talking about the history books. They’re looking at the current political chaos and wondering why he’s still a free agent in the political arena or why a third attempt hasn't crossed the finish line. Honestly, the answer is a messy mix of constitutional "fine print," brutal math in the Senate, and the fact that impeachment isn't actually a legal trial—it’s a political one.
The "Double Impeachment" Reality Check
Before we look at the "why not now" part, we have to look at what actually happened. You've probably heard the term "impeached" used like it’s a synonym for "fired." It’s not.
Think of impeachment like a grand jury indictment. The House of Representatives says, "Hey, we think you did something wrong," and they pass a vote. That’s the impeachment. But the Senate is the jury that decides if the person gets kicked out of the house (or barred from coming back).
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- Round One (2019): This was the Ukraine phone call situation. The House impeached him for abuse of power and obstruction of Congress.
- Round Two (2021): This followed the January 6 Capitol riot. The charge was "incitement of insurrection."
In both cases, he was impeached by the House. But—and this is the huge "but" that drives people crazy—the Senate acquitted him both times. He stayed in office the first time and wasn't barred from running again the second time. That’s why he’s still a factor today.
Why a Third Impeachment Is So Hard to Pull Off
So, if someone wants him impeached again in 2026, what's the holdup? It basically comes down to a few major roadblocks that make it a total uphill battle for his critics.
The 67-Vote Barrier
The U.S. Constitution sets a really high bar for conviction. You need a two-thirds majority in the Senate. That's 67 senators. In a country that’s basically split 50/50, getting 67 people to agree on what color the sky is is hard enough, let alone agreeing to convict a former (and potentially future) president.
Unless one party has a massive, overwhelming landslide victory, the math just doesn't work. Republican senators, for the most part, have stayed loyal to their base, which still largely supports Trump. Without a chunk of them crossing the aisle, any new impeachment is DOA (Dead On Arrival).
The "Private Citizen" Debate
There’s also a massive legal headache regarding whether you can even impeach someone who isn't currently in office. When the second impeachment happened in early 2021, Trump’s term was literally days from ending. His lawyers argued—and many Republican senators agreed—that you can't "fire" someone who has already left the job.
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While some scholars point to the 1876 trial of William Belknap (a Secretary of War who was tried after resigning) as a precedent, it’s still a gray area. If Trump isn't currently sitting in the Oval Office, many lawmakers feel it’s a waste of time or a "constitutional overreach" to go through the motions again.
Is It Different in 2026?
Politics moves fast. What felt like a "slam dunk" case for impeachment in 2021 feels different years later. We’ve seen new investigations, civil trials in New York, and various criminal indictments.
People often ask why the courts don't just "impeach" him. They can't. Impeachment is a power reserved strictly for Congress. If the Department of Justice (DOJ) wins a case against him, that's a criminal conviction, not an impeachment. It’s a common mix-up.
Public Fatigue and Strategy
Let's be real: impeachment is exhausting. For the Democrats, bringing a third set of articles would be a huge gamble. If they try and fail a third time, it just looks like a "witch hunt" to his supporters and might actually help him in the polls.
There's a theory in D.C. that at some point, you just let the voters decide. "The ballot box is the ultimate impeachment," as some pundits like to say. If the goal is to keep him out of power, a failed impeachment trial in the Senate might be the worst way to do it because it gives him a "not guilty" headline to run on.
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What Most People Get Wrong About the 14th Amendment
You might have heard people talking about Section 3 of the 14th Amendment—the "Insurrectionist Clause." This is often confused with impeachment.
The 14th Amendment basically says that if you took an oath to the Constitution and then "engaged in insurrection," you can’t hold office again. Some states tried to use this to keep him off the ballot. But the Supreme Court eventually stepped in and said that individual states don't have the power to do that for federal offices; only Congress can enforce that section.
Since Congress is split, they haven't passed any legislation to "disqualify" him using the 14th Amendment. So, we're back at square one.
The Reality of "High Crimes and Misdemeanors"
The Constitution is weirdly vague about what qualifies as an impeachable offense. It lists "Treason, Bribery, or other high Crimes and Misdemeanors."
But what is a "high crime"?
Is it a felony?
Is it just being really bad at your job?
Historically, it’s whatever the House of Representatives says it is at that moment. But in 2026, the Republican-led or closely divided House isn't exactly jumping at the chance to define Trump's actions as "high crimes."
Actionable Next Steps for Staying Informed
If you're trying to keep up with the status of Donald Trump's legal and political standing, don't just look for the word "impeachment." That ship has mostly sailed unless he's back in a position of federal power. Here is what you should actually be tracking:
- Watch the Federal Dockets: The criminal cases regarding election interference or classified documents are much more likely to have a concrete impact on his future than a new impeachment.
- Follow Congressional Committee Appointments: See who is heading the House Judiciary Committee. If it’s a Trump ally, impeachment is off the table. If it’s a critic, you might see "investigative hearings" that feel like impeachment-lite.
- Check the Supreme Court Calendar: Many of the "why hasn't he been..." questions are actually waiting for SCOTUS to rule on things like presidential immunity or the scope of the 14th Amendment.
- Monitor Primary Turnout: Pay attention to how many people are showing up to vote for or against him in local elections. That’s the most accurate "poll" on whether the country has the stomach for more legal battles.
The "why" behind the lack of a third impeachment isn't one single reason. It’s a wall made of legal technicalities, partisan loyalty, and the sheer exhaustion of a country that has been through the process twice already. Understanding the difference between a House vote and a Senate conviction is the first step to making sense of the headlines.