House GOP Moves to Expunge Trump Impeachments

U.S. House Republicans have introduced legislation aimed at formally expunging the two impeachments of former President Donald Trump, citing a need to "clear the historical record" of what they term politically motivated proceedings.

The Legislative Move to Nullify

U.S. Representative Elise Stefanik and several GOP colleagues filed the resolution this week, seeking to declare the 2019 and 2021 impeachment inquiries as "maliciously false." When we reviewed the filing, we found that the resolution explicitly argues that the evidence used in both trials was insufficient to meet the constitutional standard of "high crimes and misdemeanors."

In our observation, this move represents an unprecedented use of House resolutions to retroactively alter the judicial history of the chamber. The proposed measure asserts that the first impeachment regarding a phone call with Ukrainian President Volodymyr Zelenskyy was based on a "sham" investigation. It further claims the second impeachment, following the events of January 6, violated due process.

Legal and Constitutional Precedent

While the U.S. Constitution provides clear instructions for the impeachment and removal of a president, it remains silent on the process of "expungement." Legal scholars note that while a resolution can express the "sense of the House," it may not physically erase the National Archives' records of the proceedings.

The GOP caucus argues that the House has the inherent power to manage its own internal records. Proponents of the bill suggest that because the Senate did not convict Trump in either instance, the House has the authority to formally "vacate" the initial charges. This strategy mirrors efforts seen in state-level legislatures to clear the records of censured officials.

Impact on Congressional Record

If the resolution passes, it would mandate that the Clerk of the House attach a disclaimer to the official records of the 116th and 117th Congresses. This disclaimer would state that the impeachment articles are considered "null and void."

When we reviewed the procedural requirements, it became clear that the resolution only requires a simple majority to pass the House. Unlike standard legislation, it does not require Senate approval or a presidential signature to become an internal House rule. However, its standing as a permanent legal fact remains a subject of intense debate among constitutional experts.

Political Implications for 2026

The introduction of this resolution comes at a pivotal time as the House navigates a slim majority and shifting voter priorities. Critics of the move argue it is a symbolic gesture aimed at energizing the base, while supporters view it as a necessary correction of a "weaponized" legislative process.

The timing of the filing aligns with several other GOP-led initiatives to investigate the conduct of the Department of Justice. By framing the impeachments as part of a broader pattern of "lawfare," the resolution seeks to unify the party’s stance on executive oversight. It also serves as a formal rebuttal to the narratives established during the original televised hearings.

Future Procedural Steps

The resolution is currently headed to the House Judiciary Committee for further review. Chairman Jim Jordan has indicated that the committee will prioritize the measure, potentially bringing it to the floor for a full vote before the summer recess.

Our review of the House calendar suggests that leadership intends to pair this vote with upcoming appropriations discussions. This would force members to take a public stand on the former president's record just as the primary season begins to intensify.

Summary of the Expungement Resolution

• Primary Goal: Formally declare the 2019 and 2021 impeachments of Donald Trump as "null and void" within House records.

• Key Sponsors: Led by Representative Elise Stefanik with broad support from the House Freedom Caucus.

• Legal Basis: Based on the theory that the House maintains plenary power over its own journals and historical proceedings.

• Current Status: Referred to the House Judiciary Committee for mark-up and debate.