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How many US presidents have been put on trial?
Throughout US history, a few instances have occurred where a sitting president was put on trial. While impeachment is the common process for trying a president, there are other legal avenues for holding the president accountable for criminal conduct.
Impeachment
Impeachment is a political process that allows Congress to remove a sitting president from office. The Constitution outlines this process, with the House of Representatives voting to bring charges against the president and the Senate conducting a trial to determine removal. To date, only three presidents have been impeached: Andrew Johnson in 1868, Bill Clinton in 1998, and Donald Trump in 2019 and again in 2021. None of them was ultimately removed from office, as the Senate failed to reach the required two-thirds majority vote to convict them.
Other Avenues
A president can also be tried for criminal conduct in court. In 1974, President Richard Nixon was implicated in the Watergate scandal, resulting in a special prosecutor appointment and Nixon being named an unindicted co-conspirator in the trial of his top aides. Facing near-certain impeachment and removal, Nixon resigned before being formally charged.
President Andrew Johnson
Andrew Johnson, the 17th US President, faced impeachment in 1868 after violating the Tenure of Office Act by dismissing Secretary of War Edwin Stanton. This marked the first “president trial” in American history. The House of Representatives impeached Johnson, but he narrowly escaped removal from office when the Senate fell short of the necessary two-thirds majority by just one vote. The impeachment highlighted the intense political divisions during the Reconstruction Era following the Civil War. Johnson’s trial set a precedent for the gravity of impeachment proceedings in US politics.
President Bill Clinton
Bill Clinton also faced one of president’s trials during his time in office. In 1999, he was charged with perjury and obstruction of justice related to his affair with White House intern Monica Lewinsky. After a five-week trial in the Senate, Clinton was acquitted of both charges.
President Donald Trump
More recently, President Donald Trump faced criminal charges related to his conduct while in office. He was implicated in the hush money payments made to two women who claimed to have had affairs with him, and he was also investigated for possible obstruction of justice related to the investigation into Russian interference in the 2016 election. After leaving office, Trump was charged with incitement of insurrection related to the January 6, 2021, riot at the US Capitol. While he was impeached twice by the House of Representatives for his conduct related to the riot, he was acquitted by the Senate both times.
Legal Loopholes
It is important to note that while presidents can be held accountable for criminal conduct, there are some legal protections that they enjoy while in office. For example, the Department of Justice has issued opinions stating that a sitting president cannot be indicted, and that the president has broad powers to pardon individuals. Additionally, the Constitution provides that the president can be removed from office only through impeachment and not through criminal prosecution.
In conclusion, while there have been few instances of sitting presidents being put on trial, it is an important mechanism for holding leaders accountable for criminal conduct. Impeachment remains the most well-known process for trying a president, but criminal trials can also be used to hold presidents accountable for their actions. Ultimately, however, the Constitution provides that the President can be removed from office only through impeachment, underscoring the importance of this political process in a system of government.
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