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Publishing & Analysis · Constitution and accountability
Long read · October 7, 2026

Another Trump impeachment?

A stopped resolution, a broader new proposal and a fight over the limits of presidential power. What would it take for Congress to act?

By Reese Moneta · QBH Publications · October 7, 2026 · Analysis
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Another impeachment fight, with two very different hurdles

Official inaugural photographic portrait of Donald J. Trump by Daniel Torok, dated January 15, 2025.
Donald J. Trump’s official inaugural portrait, January 15, 2025. Credit: Daniel Torok; released into the public domain by the photographer. Resized for display. Image source and rights.

Donald J. Trump faces another set of impeachment proposals, but a proposal is a long way from removal. As of October 7, 2026, the clearest recent House action was a vote to stop Al Green’s latest attempt. On September 15, the chamber passed a motion to table H.Res.1486, 232 to 147, with 47 members voting present and seven not voting. Nine days later, Steve Cohen introduced H.Res.1575 and announced 26 proposed articles. That measure was referred to the House Judiciary Committee. The latest action in the available federal status record remains that September 24 referral. Neither of these developments is a new House decision to impeach Trump.

The political temperature is rising nonetheless. On October 6, House Speaker Mike Johnson predicted that a Democratic House majority would quickly pursue impeachment. He also said he expected Republicans to keep their majority. Democratic leaders have been less definite about the remedy than about their interest in accountability. Hakeem Jeffries has left options open; Pete Aguilar has resisted making impeachment a central campaign promise. Those positions leave a real political question: would a change in House control produce a serious investigation, a rapid charging decision, or a debate that divides the new majority before either happens?

The distinction matters because the House and Senate answer different questions. The House can adopt an article of impeachment by a simple majority. The Senate needs two-thirds of senators present to convict. With all 100 senators present, that means 67 votes. A House majority might be enough to begin the constitutional confrontation; it cannot guarantee its end. Any argument that jumps from an opposition election victory to Trump’s departure skips the institution with the power to convict.

There is another gap, more consequential than parliamentary arithmetic. Cohen and Green accuse the president of serious misconduct. Those accusations belong in a public debate, but introducing them does not establish that every alleged act happened, that every legal interpretation is correct, or that every act meets the constitutional threshold for removal. The strongest case for impeachment would connect presidential decisions to identifiable abuses of office. The strongest defense would address those connections rather than rely entirely on the president’s election victory or his opponents’ motives.

For Americans exhausted by repeated constitutional showdowns, the temptation is to choose a verdict before considering the case. Yet the question reaches beyond whether a person likes Trump. What should happen when an elected president is accused of using public power against legal limits? And would your answer be the same if the next president belonged to the other party?

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What Congress has actually done

Green, a Democrat from Texas, submitted H.Res.1486 on August 24, 2026. Its introduced text contains one article of impeachment and directs its accusations toward immigration enforcement, constitutional rights and judicial oversight. It was referred to Judiciary. The House’s September 15 vote was on a motion to table the resolution. Members were therefore deciding whether to stop that particular effort from proceeding through the motion before them, rather than deciding guilt at a presidential trial.

Cohen, a Democrat from Tennessee, took a broader approach. The September 24 Congressional Record lists his introduction of H.Res.1575 and its referral to Judiciary. His official announcement describes 26 proposed articles spanning several kinds of alleged abuse. The filing opened another route for the debate, but referral alone did not bring a committee investigation, a favorable committee report or a floor decision into existence. The federal action record available on October 7 lists referral as the latest action and bears a September 25 update timestamp.

These two measures also reveal a strategic choice. A focused resolution can put one alleged failure in front of members and force a relatively concentrated argument. A broad resolution can portray several disputes as a pattern: a presidency that, in its critics’ view, treats restrictions as obstacles to be overcome. Breadth may help explain an institutional concern. It can also make a coalition harder to hold together, because a member convinced by one charge might reject another. Twenty-six accusations do not supply twenty-six times the proof.

The failed September effort did not settle every possible future impeachment question. Congress can consider different allegations, receive additional evidence or revisit a dispute through a new measure. Equally, the existence of a new resolution does not erase the vote that stopped the earlier one. Both facts belong in the same picture. The House has recently shown a majority willing to halt Green’s effort, while individual members continue to press for presidential accountability through impeachment.

For the president, that sequence offers immediate procedural protection without the stronger vindication that an acquittal after a Senate trial would represent. For his critics, it offers an opportunity to keep making their case without the institutional endorsement that a House charging vote would provide. The present situation occupies that uncomfortable middle ground. Congress has the power to act, some members want it to act, and the chamber has not adopted these new charges. What would persuade a member who opposes impeachment today: a different allegation, stronger evidence, or a changed political environment?

[1] [2] [3] [4] [14]

The September vote says more—and less—than it first appears

The official roll call records 232 yeas on the motion to table, 147 nays, 47 present and seven not voting. The party breakdown is unusually revealing. Republicans supplied 213 yeas, no nays, one present and four not voting. Democrats supplied 18 yeas, 147 nays, 46 present and three not voting. The independent category supplied one yea. These are the recorded positions on that motion, not a survey of how members would vote on every conceivable impeachment article.

Who voted to table H.Res.1486?
PartyYeaNayPresentNot voting
Republican213014
Democratic18147463
Independent1000
Total232147477

Source: House Clerk, roll call 298, September 15, 2026. Units: representatives. Method: official party totals transcribed directly. Yea favored tabling; nay opposed it. This was a procedural vote on H.Res.1486, not a Senate judgment or a vote on Cohen’s later proposal.

The 18 Democratic votes to table are a tangible obstacle for proponents. Their own party did not act as a unified bloc to move Green’s effort forward. The much larger Democratic present category points to another kind of resistance: many members declined to take either side of the yes-or-no question placed before the chamber. A present vote is a recorded action, distinct from failing to vote. It does not tell us whether the member doubted a particular allegation, objected to the timing, favored another strategy or wanted to avoid the political consequences of either choice.

Source-backed chart of the September 15, 2026 motion to table H.Res.1486: 232 yea, 147 nay, 47 present and seven not voting, separated by recorded party. This is not an impeachment adoption vote.
What did the House vote on? QBH chart. Data: House Clerk roll call 298, September 15, 2026, H.Res.1486; question: motion to table. Units: members recorded in each position. Method: directly transcribed party counts; stacked bars sum counts, without weights or projected votes. Totals: 232 yea, 147 nay, 47 present, 7 not voting. Limitations: one procedural vote, not adoption of impeachment, an opinion poll, permanent membership count or a forecast. Small segments are not individually labeled. Credit: QBH. Original data.

That distinction is central to the coalition problem. Proponents need more than lawmakers who dislike an administration’s conduct. They need lawmakers prepared to support the constitutional remedy and the particular charges presented. Some members may prefer hearings, appropriations restrictions or an electoral campaign. Others may think the evidence demands action but worry that a rushed or unsuccessful proceeding would make later accountability more difficult. The roll call establishes their positions on September 15; the reasons require their own explanations.

The named entries provide several useful examples. Green and Cohen voted nay on the motion to table. Jeffries voted present. Republican Thomas Massie also voted present. Massie’s position should not be converted into a vote to impeach Trump. Reuters separately reported his effort concerning Defense Secretary Pete Hegseth and the Iran war. That is a different official and a different proposed proceeding. Opposition to one executive action does not automatically imply support for removing the president.

Named members, recorded positions
RepresentativeStateVote on tabling
Al GreenTexasNay
Steve CohenTennesseeNay
Hakeem JeffriesNew YorkPresent
Pete AguilarCaliforniaPresent
Thomas MassieKentuckyPresent

Source: House Clerk, individual entries for roll call 298, September 15, 2026. Units: one recorded member vote per row. Method: direct transcription, not inference from party or overall totals. A recorded position does not establish the member’s motive.

The chart accompanying this section makes the numbers visible without pretending that they predict the next vote. A coalition can move when charges change or political circumstances change. It can also remain stubbornly fixed. The narrow conclusion from September is powerful enough: Green’s effort met an immediate House majority against proceeding, and substantial numbers of Democrats did not vote to defeat the tabling motion. Anyone promising imminent impeachment must explain how that coalition changes, rather than simply assume that anger will provide the missing votes.

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A broad indictment of how power is used

Official photographic portrait of Rep. Steve Cohen for the 118th Congress, 2023–2025.
Rep. Steve Cohen’s official portrait for the 118th Congress (2023–2025). Credit: U.S. House of Representatives; public domain. Image source and rights.

Cohen’s announcement describes a case wider than a single immigration dispute. Its themes include military action, immigration and court orders, congressional control of spending, pressure on institutions and speech, and benefits allegedly connected to public office. The announcement says there are 26 proposed articles. Those are Cohen’s accusations against Trump, not 26 findings adopted by Congress. The introduction and referral are established events; the legal and factual merits remain matters for a potential proceeding.

The breadth of the proposal raises an underlying constitutional question: can a pattern of conduct become more serious than its individual components? Suppose, as a hypothetical, that a president repeatedly directs public resources toward rewarding supporters and penalizing critics. Each decision might have a separate legal defense. Taken together, critics could argue that the decisions reveal a governing method incompatible with equal treatment and faithful execution of law. Supporters could reply that the claimed pattern is an opposition narrative imposed on lawful, unrelated policy choices.

That disagreement cannot be resolved by counting headings. A collection of accusations can contain strong claims, weak claims and claims that depend on contested interpretations. It can also expose a consistent problem that would be hard to understand if every incident were examined in isolation. The question is whether the connections are real: the same decision maker, an identifiable exercise of official authority, similar treatment of opponents, and consequences that flow from the acts being challenged.

Cohen’s approach therefore asks members to think about the presidency as an institution. The concern is not merely that a policy is harsh or a decision is unpopular. The larger charge is that power may be redirected from public purposes toward punishment, personal advantage or freedom from restraint. A constitutional defense has to meet that argument at the same level. It should explain why the disputed powers exist, what limits govern them and how the president’s conduct stayed within those limits.

A broad proposal can also force a choice about priorities. If a committee pursued every topic at once, attention might become scattered and the strongest issue might disappear amid the weakest. If it selected a small number, proponents might feel that the wider pattern had been lost. This is a problem of political judgment as much as legal structure. Which alleged misuse of office is most important to the country’s ability to govern itself? Which would you want Congress to examine first, and why? The answers should turn on public consequences and responsibility, not simply on which accusation produces the most dramatic headline.

[4] [3] [14]

Immigration enforcement and the limits of authority

Official photographic portrait of Rep. Al Green for the 113th Congress, 2013–2015.
Rep. Al Green’s official portrait for the 113th Congress (2013–2015). Credit: U.S. Congress / Government Publishing Office; public domain. Image source and rights.

Green’s resolution concentrates its criticism on immigration enforcement and the executive’s relationship with constitutional protections and courts. The introduced text makes grave allegations, including accusations concerning deaths and concealment. Their appearance in a congressional resolution establishes what Green charges; it does not independently establish each underlying incident or the president’s responsibility for it. The constitutional dispute is serious even with that distinction firmly in place: how far can an administration go in pursuing an enforcement program before its methods themselves become an abuse of office?

Enforcement involves a chain of decisions. Congress creates statutory authority and funds agencies. Executive leaders set priorities. Officials design operations, issue instructions and supervise personnel. Agents make decisions on the ground. Responsibility can exist at several levels, but it does not travel automatically from the lowest to the highest. A presidential impeachment case would have to explain the president’s role in an alleged violation, whether through a directive, approval, knowing tolerance or another identifiable exercise of authority.

The public argument often becomes trapped between two positions. One treats every criticism of enforcement as hostility to immigration law. The other treats a disturbing account of an operation as proof of an entire administration’s criminal purpose. Neither position answers the real question. The government can have legitimate authority to remove someone and still act unlawfully in how it does so. Conversely, an allegation against an agent does not, by itself, prove that a president ordered or accepted the conduct.

This is where due process has practical meaning. A person facing detention or removal needs an opportunity to contest the legal basis for the government’s action through the procedures applicable to the case. The protection matters because mistakes can impose consequences that are difficult to undo: separation from family, confinement or transfer outside the country. These are not abstract costs to the people who bear them. Speed may serve an administration’s policy objectives while making an error more damaging and a remedy harder to obtain.

The impeachment question is whether the alleged conduct amounts to a serious presidential misuse of power, rather than an enforcement dispute that can be corrected through litigation, supervision or legislation. That is a demanding judgment, but it should not make the underlying rights disappear. If the government made the same mistake about your identity or your legal status, what opportunity would you expect to challenge it? And what should happen to an official who knowingly made that challenge impossible?

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The Abrego Garcia case makes the stakes concrete

One earlier court dispute helps explain why removal, executive authority and judicial remedies are so closely connected. In its April 10, 2025 order in Noem v. Abrego Garcia, the Supreme Court described the government’s March 15 removal of Kilmar Armando Abrego Garcia to El Salvador despite a withholding order forbidding removal to that country. The Court recorded the government’s acknowledgment that the removal was illegal and its explanation that an administrative error had occurred. It also recorded disputed gang allegations, rather than treating those allegations as an established justification.

Archival photograph of the U.S. Supreme Court building by Carol M. Highsmith, cataloged between 1980 and 2006.
The U.S. Supreme Court building in Washington, D.C., in an archival photograph dated by the catalog between 1980 and 2006. Credit: Carol M. Highsmith / Library of Congress; public domain. Resized for display. Image source and rights.

The court building pictured here is an archival view, but the order at the center of this dispute has a precise date: April 10, 2025. The Supreme Court said the government had to facilitate Abrego Garcia’s release from custody in El Salvador and ensure his case was handled as it would have been without the improper removal. The justices also said the district court’s direction to “effectuate” his return needed clarification, with due regard for the executive branch’s authority over foreign affairs. That combination matters. The order imposed a duty while recognizing limits on the district court’s wording; it was not an impeachment judgment or a general transfer of immigration policy to the courts.

The Supreme Court left the district court’s order in effect subject to clarification. It accepted the requirement that the government facilitate release from custody in El Salvador and handle the case as though the improper removal had not occurred. It questioned the scope of the lower court’s instruction to effectuate return and required clarification with attention to executive authority in foreign affairs. Abrego Garcia subsequently returned to the United States in June 2025. These are dated events in an evolving case, rather than a description of his present location or every later proceeding.

The episode illustrates a hard practical problem: a government can create circumstances in which correcting its own error requires cooperation outside its borders. The existence of that complication does not make the original legal restriction meaningless. If moving a person abroad were enough to defeat a domestic remedy, the speed of the government’s action could become a substitute for legal authority. A court would be left recognizing a wrong without being able to secure a meaningful response to it.

At the same time, a court’s authority over U.S. officials does not necessarily give it authority over a foreign government. The Supreme Court’s distinction reflected that problem. It sought action by the American government while requiring care about the reach of the directive. This is why the case cannot be reduced to a slogan about courts either surrendering to the executive or commanding every overseas result. The law had to address both an acknowledged unlawful removal and the limits of the remedy available.

For an impeachment debate, the episode raises questions of responsibility, knowledge and compliance that go beyond the existence of an error. Who authorized the challenged action? What did senior officials know? What choices did they make after the court intervened? Those questions concern the use of official power, not a presumption that every legal defeat proves impeachable misconduct. The human question is simpler and harder to dismiss: when the state admits it sent a person somewhere it was legally forbidden to send him, how much effort does it owe to repairing the damage?

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When the government can punish a critic

The boundary between presidential policy and retaliation is central to the broader impeachment debate. A government can disagree with a law firm, news organization, university or political critic. It can enforce laws against those institutions when the facts and applicable rules justify enforcement. But official powers become something different if they are used to impose costs because an institution represented an opponent, published unwelcome coverage or refused political loyalty. That distinction concerns the freedom of everyone who might later face an unfriendly administration.

An actual dispute from 2025 supplies an example. Trump’s March 6 executive order concerning Perkins Coie directed restrictions involving security clearances, government contracts and access to federal buildings. The White House alleged misconduct and discrimination by the firm and framed the measures as protection of national interests. Perkins Coie challenged the order. On May 2, U.S. District Judge Beryl A. Howell granted summary judgment in the firm’s favor and held the order unconstitutional. Her opinion is a dated district court judgment, not a claim that every related lawsuit or subsequent appeal has been finally resolved.

AI-generated risograph comic illustration of an anonymous hand holding a microphone and a pencil beside a broken lock; a concept of speech and coercion, not an actual incident.
AI-generated illustration. Two comic panels contrast public speech with the pressure of official power. Credit: QBH / OpenAI ImageGen, October 7, 2026.

The constitutional concern is easy to understand without knowing the firm’s politics. Lawyers help people challenge government action. If representing an unpopular client exposes a firm to official punishment, other lawyers may become reluctant to take the next case. A government does not have to silence every critic to change behavior. The prospect of losing work, access or professional standing can encourage institutions to avoid a fight before it begins. That chilling effect can reach clients whose names never appear in the original dispute.

The administration’s rationale matters too. Security clearances and federal contracts are not outside government control. Officials have responsibilities to protect information, assess contractors and enforce valid requirements. The issue is whether the disputed measures were grounded in lawful criteria and applied consistently, or whether those authorities became instruments for political reprisal. The disagreement is about the character of the exercise of power, rather than the mere existence of that power.

An impeachment argument would need to connect any alleged retaliation to presidential conduct and explain its constitutional seriousness. A judicial ruling supplies legal findings concerning the challenged order; it does not issue a congressional impeachment judgment. Still, the episode makes a broader dilemma vivid. Would you be comfortable having the other party use the same tools against a lawyer who defended you? A right to challenge the government loses much of its value if the people capable of bringing the challenge have reason to fear punishment for doing their jobs.

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Who controls the public purse?

Congressional spending decisions are another place where constitutional boundaries affect ordinary life. An appropriation is more than an expression of preference. It establishes legal authority for public money to be used for specified purposes. The executive administers programs, makes lawful implementation decisions and responds to operational constraints. A conflict emerges when administration of a program becomes a decision to withhold funding because the executive rejects the program or the legislature’s choice.

The Government Accountability Office has issued findings on this distinction. In its 2025 decision concerning the Institute of Museum and Library Services, GAO concluded that the agency’s withholding of appropriated funds violated the Impoundment Control Act. In a separate decision involving FEMA’s prior-year assistance appropriations, GAO concluded that a withholding violated the same law even though the money was later reobligated and released. These are GAO legal findings about agency conduct under a spending statute. They are not Senate convictions, court criminal judgments or automatic findings of personal presidential culpability.

The FEMA example highlights why timing matters. A public program may depend on funding arriving when a recipient must hire staff, undertake repairs or keep services operating. Eventual availability can limit the damage without erasing the period of withholding. An institution that loses weeks or months cannot always return to the exact position it would have occupied with timely funding. In the same way, a delayed legal remedy can be meaningful and still leave consequences behind.

An administration has a substantial counterargument when it says money cannot simply be spent without regard to fraud, eligibility, performance or changed circumstances. Public administration requires judgment, and not every delay constitutes an unlawful impoundment. The crucial distinction is between a genuine implementation issue under the governing law and a policy refusal to carry out Congress’s decision. If a president wants a program abolished or an appropriation reduced, constitutional government provides a political route through Congress. The power to recommend a change does not necessarily include the power to treat the recommendation as already enacted.

For impeachment proponents, persistent unlawful withholding could be framed as an attempt to displace legislative authority. For defenders, particular findings might reflect correctable agency disputes rather than an abuse warranting removal. Either interpretation needs attention to actual decisions and responsibility. Who should have the last word over an appropriation: the elected legislature that enacted it, or the elected executive who dislikes it? And if your preferred president claims unilateral authority today, what prevents a successor from claiming the same authority for the opposite purpose?

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Public office, private benefit and the trust problem

Cohen’s announced proposal includes accusations concerning benefits allegedly connected to the presidency. The broader constitutional issue is whether public authority is being exercised for public purposes. A president may have interests, relationships and political allies. The danger arises when an official decision becomes a way to secure a personal advantage, reward someone who supplies that advantage or encourage others to pay for access. An accusation of that kind is serious precisely because it challenges whose interests the office serves.

Several different questions are often bundled into the word corruption. A payment might raise a criminal bribery question. A benefit from a foreign government might raise an emoluments question. A relationship might create a conflict of interest even when no prohibited exchange is established. A decision might be ethically troubling without violating the particular statute invoked by critics. Those distinctions affect the kind of accountability available. They also prevent an ambiguous financial relationship from being made to prove more than it actually establishes.

AI-generated ink engraving illustration of an empty jacket, coin and blank envelope; a concept of public office and private benefit, not evidence of a transaction.
AI-generated illustration. An empty jacket and the shadow of money evoke the boundary between public office and private benefit. Credit: QBH / OpenAI ImageGen, October 7, 2026.

The Constitution contains restrictions involving foreign emoluments and presidential compensation, alongside its impeachment provision. Those restrictions reflect a concern about dependence and divided loyalty. Public office should not leave its holder beholden to a source of private reward that can influence official choices. But identifying a constitutional problem still requires understanding the benefit, the payer, the recipient, the relevant relationship and any authorization applicable to the transaction. The label alone cannot answer those questions.

Consider a hypothetical official whose family business receives money from someone seeking favorable treatment. The proximity of the payment and the decision would justify scrutiny. It would not, by itself, resolve whether there was an exchange, whether the official knew of the payment or whether the decision had an independent public rationale. Conversely, disguising a reward through intermediaries should not make it harmless simply because no transfer appears directly in the official’s personal account. Substance matters more than the neatness of a transaction’s outward form.

There is a public trust problem even before a courtroom reaches a conclusion. Citizens may begin to think the price of being heard depends on proximity to the officeholder. Legitimate policy choices can become harder to accept when people suspect private incentives behind them. An impeachment case would need more than that suspicion, but the suspicion explains why transparency and enforceable boundaries matter. What level of financial entanglement would make you doubt an official decision you otherwise supported? Would you apply that same level of scrutiny to an official whose politics you share?

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The pardon power and political accountability

Trump’s January 20, 2025 proclamation provided broad clemency for offenses connected to January 6, 2021. It commuted the sentences of 14 named individuals and pardoned other people convicted of covered offenses. It also directed the Justice Department to seek dismissal of pending prosecutions within the proclamation’s scope. The White House described the measure as correcting injustice and promoting national reconciliation. Critics saw it as a sweeping repudiation of accountability for the Capitol attack, including offenses involving violence against police officers.

The clemency dispute poses a different constitutional problem from a simple claim that the president lacked authority to issue pardons. The Constitution gives the president a broad federal pardon power, with an exception for cases of impeachment. That grant does not require Congress to agree that a pardon was wise, fair or beneficial. The existence of authority, however, does not settle every question about a president’s purpose in exercising it. A lawful tool can still become part of an alleged abuse of public trust if the surrounding circumstances support that conclusion.

The political danger is a signal about consequences. People considering future political violence might interpret expansive clemency as evidence that loyalty or a shared cause can eventually outweigh the criminal judgment. That is a risk, not a measured prediction about how any particular person will act. Supporters would reply that clemency can also address excessive punishment or prosecutions they regard as unjust. The disagreement concerns what the act teaches the public about law, responsibility and presidential allegiance.

For impeachment, that disagreement would have to become a case about misconduct serious enough to justify removal. An unpopular pardon cannot automatically meet that threshold. Otherwise Congress could turn almost any controversial exercise of clemency into a threat to the officeholder. Equally, treating the pardon power as immune from every form of political accountability would make it difficult to confront a hypothetical use explicitly designed to purchase silence, reward unlawful assistance or protect a president’s own power.

The exception concerning impeachment supplies an essential limit: presidential clemency does not cancel Congress’s constitutional proceeding. That preserves a form of accountability separate from criminal punishment. The public therefore faces two judgments that should not be confused: whether a pardon lies within the authority granted to the president, and whether its use deserves political condemnation or more serious institutional action. How would you distinguish mercy from favoritism? And what would persuade you that a president was protecting the public interest rather than protecting people who had acted for him?

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The hardest powers to share

Cohen’s announced charges include military action and the distribution of authority over war. The Constitution gives Congress the power to declare war and assigns the president the role of commander in chief. Those provisions create a relationship rather than a simple instruction that answers every situation. Congress legislates and funds; the executive directs forces. When a president undertakes consequential military action, the dispute can involve prior authorization, the scope of an existing authorization, defensive necessity and the limits of unilateral initiative.

The consequences are unusually difficult to reverse. A domestic funding decision might be challenged before every dollar is spent. A strike can kill, provoke retaliation and change the choices available to every actor involved. Even a short operation can create pressure for another operation. That makes the first decision important, but it does not eliminate the executive’s need to respond to an immediate danger. The constitutional problem is how to preserve a capacity for defense without turning urgency into a permanent substitute for legislative consent.

Impeachment advocates may argue that unauthorized military action usurps one of Congress’s most consequential powers. Defenders may argue that the president acted within constitutional or statutory authority, or that circumstances required immediate action. Those arguments need to address the actual operation and its legal basis. Saying a president is commander in chief cannot, by itself, resolve every authorization question. Saying Congress declares war cannot, by itself, describe every lawful use of force short of a declaration.

The separation between legal authority and policy wisdom matters here. An authorized operation can be disastrous. An operation that appears successful can still raise a question about the authority under which it began. Success does not retroactively enact a missing statute, just as a poor result does not automatically prove that the president lacked power. Congress must decide what it authorized, what it permitted through funding or other legislation, and how it will respond if it believes the executive exceeded the boundary.

A presidential impeachment case would add another step: whether the disputed action amounted to the kind of abuse that warrants removal, rather than a conflict to be resolved through legislation, appropriations or other oversight. The stakes are too high for either institution to substitute a slogan for its responsibility. If a military action were popular and apparently effective, would you still care whether Congress had a meaningful role in authorizing it? If it were unpopular, would you demand the same constitutional test rather than assume that failure settled the legal question?

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An election does not transfer every power

Trump’s defenders can point to a basic democratic fact: a president is elected to exercise the powers of the office and pursue a political program. Critics who opposed that program do not gain a right to overturn the election simply because they dislike its implementation. Impeachment cannot become a routine shortcut for replacing a president whenever opposition lawmakers win a House majority. Such a practice would weaken the fixed presidential term and change the relationship between the branches.

Yet an election does not give the winner every power held by the government. Congress retains its legislative and spending responsibilities. Courts retain their judicial role. The presidency retains substantial authority, but its authority exists within a constitutional structure. A mandate may explain why an administration pursues a policy; it does not supply a missing legal power or make an otherwise applicable restriction disappear. Democratic legitimacy and legal limitation are meant to operate together.

AI-generated glass-sculpture illustration of three interlocking abstract forms under tension; a concept of separation of powers, not real institutions.
AI-generated illustration. Separate glass forms remain connected under tension, illustrating the relationship between divided powers. Credit: QBH / OpenAI ImageGen, October 7, 2026.

This is the tension behind many of the current accusations. Presidential supporters may see an administration overcoming institutions that obstruct voters’ wishes. Opponents may see a president converting electoral victory into permission to disregard constraints. The same action can appear decisive to one group and authoritarian to another. The distinction should turn on what the officeholder is legally empowered to do, how the power is used and what avenues remain for those affected to challenge it.

There is a further danger when each institution treats legitimacy as exclusive. A president can claim to speak for the entire country; House members can claim the same voters authorized them to restrain him. Both represent electoral choices through different institutions. Neither election erases the other. The Constitution distributes power partly because a single national majority at one moment should not automatically control every decision through one office.

Impeachment is one of the strongest responses to a breach of that arrangement. Its force makes restraint important, but the availability of the remedy also matters. A rule that reserves removal only for a president who lacks supporters would offer little protection against a popular abuse of office. The task is to distinguish a policy disagreement from a serious violation of public responsibility without making popularity the deciding legal principle. Which limits would you insist on keeping even when they slow a president you admire? That question tests commitment to constitutional government more clearly than condemning the conduct of a president you already oppose.

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What makes misconduct impeachable?

The constitutional grounds are treason, bribery, or other high crimes and misdemeanors. The final phrase does not operate as a simple checklist of ordinary criminal offenses. Impeachment concerns the responsibilities of public office and the danger posed by serious misconduct in carrying them out. The proceeding is political in its institutional setting, but that does not mean it should be arbitrary. A congressional majority still has to justify why the charged conduct warrants this extraordinary remedy.

One useful distinction separates bad outcomes, legal violations and abuses of office. A policy may fail because a forecast was wrong. An agency may violate a statute through an administrative error. A president may deliberately use official powers to suppress a lawful challenge or secure a personal advantage. Those situations can overlap, but they raise different questions about culpability and remedy. Impeachment proponents must explain why their case belongs in the most serious category and why lesser responses would be inadequate.

A criminal conviction is not a constitutional prerequisite for Congress to act. Requiring one could leave Congress unable to respond to a dangerous misuse of office while criminal litigation proceeded elsewhere. On the other hand, the absence of that prerequisite is not a license to abandon factual rigor. A claim about a president’s intent or responsibility still needs support. The stakes demand a clear account of the act, the authority exercised, the limit breached and the connection to the person charged.

The remedy should also be proportional to the constitutional danger. Removal prevents an officeholder from continuing in the office. It does not simply express disapproval. A member may condemn conduct and still conclude that a different response is appropriate. Another may conclude that an abuse is so central to the exercise of power that leaving the president in place invites repetition. Their disagreement can be principled if both confront the conduct rather than reduce the vote to party loyalty.

For the public, a helpful test is to imagine the allegation without the president’s name. Would the behavior still concern you? Would the defense still persuade you? Then put the name back and ask whether political affection or hostility changed the standard. That exercise cannot settle a complicated case, but it exposes an easy way to corrupt judgment: allowing the identity of the officeholder to decide what the office may do. A constitutional remedy is strongest when its principle could survive the next election and protect citizens under a government they did not choose.

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The president is powerful, but responsibility still has to be shown

A national administration acts through thousands of officials and many layers of authority. The president sets direction, appoints senior leaders and exercises powers assigned to the office. That does not make every employee’s mistake a personal presidential act. It also does not make delegation an escape from responsibility when a president directs, approves or knowingly sustains an abusive practice. The difficult question is where the relevant decision was made and what the officeholder did with the knowledge and power available.

A hypothetical example shows the difference. If an agency employee ignores a lawful instruction and harms someone, the president’s responsibility may be remote. If senior leaders identify the problem, receive warnings and continue a policy designed to produce the same harm, responsibility may reach higher. If the president personally orders the challenged policy or blocks compliance with a legal restriction, the connection is stronger still. These are different factual situations, even if the injury described at the end of the chain appears similar.

Knowledge also matters. A decision made before a court clarified a disputed rule may call for a different assessment from a deliberate repetition after an unambiguous order. An official who takes reasonable steps to correct a violation presents a different case from one who conceals it or punishes the people who disclosed it. These differences concern intent, capacity and response. They help explain why a constitutional proceeding must look beyond the mere existence of a damaging event.

Patterns can illuminate responsibility without replacing it. Repeated similar actions may make an innocent explanation less persuasive, especially if senior officials received clear warnings. But repetition should not be manufactured by grouping unrelated events under one alarming label. The acts need a meaningful connection. A credible argument would distinguish genuine continuity in presidential decision making from the ordinary fact that a large administration faces many lawsuits and controversies.

This standard protects both accountability and fairness. It prevents senior power from disappearing behind an organizational chart, and it prevents every lower-level failure from being converted into a charge against the president. The public interest lies in locating responsibility accurately enough to change behavior. If the same dispute involved the leader of a company, a school or a city, would you demand to know who made the decision and what they knew? The presidency deserves at least that much care, because its power can reach people who have no practical choice about dealing with it.

[1] [4]

A defense is part of accountability

An impeachment case would be incomplete without the president’s answers to its charges. That is more than courtesy to an officeholder. A remedy as serious as removal should survive a fair examination of alternative explanations, contested legal interpretations and contrary evidence. A case that depends on ignoring the strongest defense is less persuasive to the people whose confidence it needs. Fairness serves the public by exposing whether the accusation is as strong as its proponents say.

The White House has dismissed recent impeachment efforts as partisan obstruction. That response speaks to motive and political legitimacy, but motive alone does not settle the merits. An opponent can have partisan reasons for pursuing a true allegation. An accuser can also exaggerate a real dispute into a claim it does not support. The proper question is what happened and why it meets—or fails to meet—the constitutional standard. The same demand applies to a defense that describes every challenge as an attack on the voters.

Case-specific defenses can be much more substantial. The administration may contend that a statute authorized an action, that an order was narrower than critics describe, that a delay reflected a genuine implementation problem or that the president did not direct the alleged misconduct. A court ruling may resolve some legal questions while leaving other facts or remedies contested. Congress should confront those distinctions rather than assume that a headline about a legal defeat supplies an answer to every charge.

Fairness does not require treating every explanation as equally plausible. An unsupported denial is not equivalent to a contemporaneous instruction or a well-established finding. Nor should a dramatic accusation displace a documented innocent explanation simply because the accusation is more emotionally satisfying. The aim is a judgment proportionate to the evidence and the gravity of the office. That requires attention to material differences rather than a mechanical balance of one claim from each side.

Citizens have a role in deciding whether they would accept such a proceeding. Would you regard an acquittal as legitimate if the case had been thoroughly tested and failed? Would you regard a conviction as legitimate if your preferred president received a fair opportunity to answer strong evidence? Those are uncomfortable questions because they ask people to separate their preferred outcome from their commitment to the process. An impeachment trial cannot eliminate political conflict. It can either discipline that conflict through a serious constitutional judgment or become another event that deepens distrust without resolving the underlying abuse alleged.

[16] [19] [20] [21]

What a House majority can accomplish

The House possesses the power of impeachment, but a majority has choices about how to use it. Members could press toward articles, investigate before deciding whether articles are warranted, or pursue oversight and legislation without impeachment. A committee referral places a measure within an institutional route; it does not dictate which of those choices will follow. Leaders and committee members must decide how much attention the allegations deserve and whether a case can command support beyond its sponsors.

Investigation could matter even if it never produces articles. Hearings can put officials under questioning. Documents can clarify who made a decision and what legal advice or warnings they received. A committee can distinguish a systemic problem from an isolated error and identify laws that need strengthening. Those outcomes may be valuable independently of removal. They also carry an obligation to treat inquiry as a search for answers rather than a device that guarantees the conclusion announced at its beginning.

A majority considering impeachment must weigh the costs of acting and not acting. Moving too quickly could lead to weak charges, internal division or a proceeding that persuades no one outside an existing partisan camp. Refusing to act could allow a serious abuse to continue and signal that institutional limits are unenforceable when politics makes them inconvenient. Neither risk can be eliminated merely by waiting. Delay is itself a decision when conduct is ongoing, while urgency is not proof that a specific case is ready.

The September roll call suggests that this judgment is already dividing Democrats. Some opposed tabling Green’s measure, some supported it and many voted present. A future leadership team would need to persuade members who have different constituencies, assessments of the evidence and ideas about political priorities. Even members who agree that the administration deserves scrutiny may disagree about whether impeachment would strengthen that scrutiny or consume the attention needed for other work.

A House charging vote would create a decisive change in institutional status. The allegation would cease to be only the proposal of individual members and become an accusation adopted by the chamber. That change would still leave the Senate judgment unresolved. It would also place responsibility on the House to explain the case it chose to bring. If you were asking your representative for action, what would you want first: an immediate charging vote, a detailed public investigation or another concrete restraint on the disputed conduct? The answer should reflect the problem to be solved, not simply the desire to see Congress do something visible.

[7] [8] [2]

Trump’s previous trials offer context, not a forecast

Trump has already been impeached twice by the House and acquitted twice by the Senate. On February 5, 2020, the Senate’s judgment on the first article recorded 48 senators voting guilty and 52 not guilty. The second article recorded 47 guilty and 53 not guilty. On February 13, 2021, the Senate recorded 57 guilty and 43 not guilty. The 2021 guilty tally exceeded a simple majority but did not meet the two-thirds threshold required for conviction.

Trump’s three previous Senate judgments
Judgment dateArticleGuiltyNot guiltyResult
February 5, 2020First trial, Article I4852Acquitted
February 5, 2020First trial, Article II4753Acquitted
February 13, 2021Second trial, sole article5743Acquitted

Sources: Senate: February 5, 2020, Article I judgment, vote 33, Senate: February 5, 2020, both judgments, Senate: February 13, 2021 judgment, vote 59. Units: senators. Method: Senate judgment totals transcribed. All three tallies total 100; conviction required 67 in those judgments. Past votes do not establish how any senator would vote on a new charge.

Those outcomes illustrate why the word acquittal needs to be understood in its constitutional setting. The Senate did not convict in any of those judgments. That is the institutional result. The 2021 count also shows that more senators voted guilty than not guilty, even though the president was acquitted. Neither fact cancels the other. The threshold gives conviction a meaning different from winning a simple majority, and it makes the distribution of votes important to understanding how the remedy works.

Past results cannot determine the merits of a new allegation. A prior acquittal does not make every later act acceptable. A prior impeachment does not prove a president guilty of a different charge. Each proceeding concerns the articles brought and the judgment reached on them. The history can help explain political expectations and institutional caution, but it should not become a substitute for assessing the conduct alleged in 2026.

The earlier trials also reveal competing kinds of legitimacy. Proponents can argue that an extraordinary remedy is justified by extraordinary misconduct. Opponents can argue that repeated efforts show a refusal to accept a political adversary’s election. The fact of repetition does not resolve which account is correct. Repetition might reflect recurring abuse, recurring partisan overreach, or a mixture of strong and weak charges across different events. The substance of the allegation remains the essential test.

For a potential future House majority, the history creates a strategic question as well as a constitutional one. Would another impeachment educate the public about a serious abuse, establish a boundary and fulfill Congress’s duty even if conviction appeared unlikely? Or would a foreseeable acquittal strengthen the president’s claim that the charges were partisan? Different members could answer differently without denying the seriousness of the dispute. What should success mean for a constitutional proceeding: removal alone, a defensible public judgment, a change in conduct, or all three? The previous trials make clear that those outcomes do not necessarily arrive together.

[10] [11] [12]

The harder chamber comes second

If the House adopted an article, the Senate would face a different task: trying the impeachment and deciding whether to convict. Senators take an oath for that purpose. When a sitting president is tried, the chief justice presides. Conviction requires two-thirds of senators present. The threshold is therefore tied to attendance, not an unconditional requirement of 67 votes in every possible trial. Sixty-seven is the required number when all 100 senators are present.

The second trial supplies a concrete measure of that hurdle: 57 guilty votes were ten short of the 67 needed with 100 senators present. Those ten votes were not a technicality; they were the difference between a majority judgment and the constitutional power to convict. But that arithmetic belongs to February 2021. Applying it to a 2026 proposal without new evidence about senators’ positions would turn a historical result into an invented forecast. The useful question today is which allegations, witnesses and records could persuade enough senators to cross the threshold, after the House first decides whether to bring charges.

That structure makes removal difficult even when the House has a clear majority. A presidential party can lose a House charging vote and still have enough Senate support to prevent conviction. The design requires agreement broader than a bare Senate majority. It does not tell senators to ignore misconduct in the name of unity; it sets the level of agreement needed for the institutional consequence. The resulting judgment can be politically consequential even when the required threshold is not reached.

Proponents would need to persuade senators whose reasons for skepticism might differ. Some may doubt an allegation. Some may accept that wrongdoing occurred but reject removal as the remedy. Some may interpret the constitutional standard more narrowly. Others may see the case principally through electoral consequences. These positions can lead to the same not-guilty vote while representing very different judgments. A tally records the result; the senators’ explanations establish how they understood their responsibility.

Conviction would remove the president from office. The Constitution also allows disqualification from holding specified future federal office as a distinct judgment. Those consequences should not be collapsed into one automatic result. Likewise, acquittal at an impeachment trial is not a universal resolution of every civil, criminal or administrative question arising from the underlying conduct. The Constitution separates impeachment judgment from the ordinary legal consequences that may apply elsewhere.

The hardest public question is whether the threshold promotes stability or makes accountability depend too heavily on party loyalty. It can do both under different circumstances. A demanding threshold protects the office from a narrow faction’s attempt to end a presidency. It can also leave serious misconduct without removal when enough senators refuse to act. The threshold is a rule; the integrity of those applying it is a separate problem. What argument would you expect your senator to give if the senator accepted the key facts but rejected conviction? An answer grounded only in the next election would leave the constitutional duty unexplained.

[7] [8]

The midterms could change the agenda, not guarantee an outcome

Johnson’s October 6 warning places impeachment inside the struggle for control of the House. His prediction that Democrats would move quickly if they won is a political argument from the Republican speaker, not an adopted Democratic timetable. The report also describes him expecting Republicans to retain control. Jeffries has kept accountability options open, while Aguilar has resisted elevating impeachment into the party’s top agenda. The contrast matters: a warning from the opposing party can make a possible action sound more certain than the prospective majority’s leaders have made it.

A change in House control could alter committee chairs, investigative priorities and the prospects for a floor vote. It would not mean that every newly elected Democrat supported the same articles or strategy. Candidates compete in different districts and make different promises. A narrow majority can be especially vulnerable to disagreement among a small number of members. Control opens an institutional opportunity; it does not create unanimity about how the opportunity should be used.

AI-generated editorial illustration: Imaginary gates and an unfinished horizon introduce contingent next steps without predicting an outcome or depicting a real government facility.
AI-generated editorial illustration. Imaginary gates and an unfinished horizon introduce contingent next steps without predicting an outcome or depicting a real government facility. Credit: QBH / OpenAI ImageGen, October 7, 2026.

The November election also would not immediately replace the sitting Congress. Under the Twentieth Amendment, congressional terms begin on January 3 unless a different day is established by law. The distinction creates a period between an election result and the new Congress’s exercise of power. A campaign pledge belongs to the campaign. Committee organization and legislative decisions belong to the Congress that eventually takes office. The president remains in office unless a separate constitutional event changes that status.

Voters may hear impeachment framed as either an urgent duty or a distraction from living costs, health care and other priorities. The choice is not always so simple. Alleged abuses of spending or enforcement authority can affect the same public services and household security that dominate everyday politics. Yet an impeachment struggle also consumes legislative attention and can make cooperation more difficult. Members should explain what problem they intend to solve and how their chosen remedy relates to other responsibilities.

The election offers citizens an opportunity to ask a more useful question than whether a candidate is for or against Trump. What limits will the candidate defend when those limits frustrate the candidate’s own party? What evidence would justify changing position on impeachment? A representative who promises automatic loyalty to any officeholder has surrendered part of the job before taking it. A representative who promises automatic removal without a serious case risks a different failure. The Constitution needs judgment from elected officials, not simply a transfer of campaign anger into institutional power.

[15] [9]

Accountability has more than one route

Impeachment is not the only way to confront a disputed use of presidential power. Congress can investigate, legislate, attach lawful conditions to appropriations and consider whether existing statutes need clearer limits. Courts can decide cases within their jurisdiction and issue remedies when the law permits them. Inspectors general and other oversight institutions can examine administration of programs. Voters can change who holds elected office. Each route addresses a different problem, and their usefulness depends on the conduct involved.

A statutory ambiguity may call for legislation. A specific unlawful agency action may be stopped through a court order. A breakdown in supervision may call for personnel changes, reporting requirements or stronger independent review. A president’s deliberate attack on the constitutional structure may require a more forceful remedy. The existence of alternatives should not become an excuse to send every serious problem somewhere else. It should help match the response to the nature and scale of the abuse.

The Twenty-fifth Amendment belongs to another category. It concerns presidential succession and inability, including procedures involving the vice president and principal officers of the executive departments. It is not a substitute impeachment process that congressional opponents can activate simply because they condemn a president’s conduct. Disagreement with policy, anger about an alleged abuse and a constitutional question about inability are different things. Combining them produces confusion about both the available remedy and who can initiate it.

The remedies also have limits. Courts need cases and appropriate legal grounds; they do not supervise every political dispute. Legislation requires the necessary votes and may face a veto. Oversight can reveal a problem without forcing a president to stop it. Elections arrive on a schedule and cannot always repair an immediate injury. Impeachment can remove an officeholder but demands a constitutional judgment and a formidable Senate coalition. No single institution supplies a frictionless answer to every abuse.

That makes accountability a practical question as well as a moral demand. What conduct must stop? Who has authority to stop it? What can be accomplished soon enough to matter? Those questions are about the public’s protection, rather than an attachment to one dramatic remedy. A citizen may support an investigation while withholding judgment on removal. Another may conclude that lesser tools have become inadequate. Both positions should be explained in terms of the danger and the likely consequences. The country gains little from a contest over the strongest word if no one identifies the action that could actually protect the people or institutions at risk.

[9] [8]

The standard we are willing to live under

The standing situation is a constitutional dispute with a definite procedural limit. Green’s September effort was tabled. Cohen’s broader resolution was introduced and referred to Judiciary, with referral remaining the latest action in the available federal status record as of October 7. Members can continue arguing, investigating or seeking support, but those activities should not be mistaken for a new House adoption of impeachment articles or a Senate judgment. Trump remains president; the proposals have not produced removal.

The absence of removal does not make the allegations unimportant. Questions about compliance with court orders, use of spending authority, retaliation and private benefit reach the rules under which Americans live. They affect whether an individual can obtain a remedy, whether Congress’s decisions will be carried out and whether public institutions serve people fairly. An impeachment debate can bring those questions into focus. It can also obscure them if every issue becomes merely another test of devotion or hostility to the president.

AI-generated editorial illustration: Anonymous illustrated hands compare blank cards under a lens, tying public accountability to inspectable sources; no real hearing or meeting is depicted.
AI-generated editorial illustration. Anonymous illustrated hands compare blank cards under a lens, tying public accountability to inspectable sources. Credit: QBH / OpenAI ImageGen, October 7, 2026.

A useful public standard would apply in both directions. An elected president should be able to carry out lawful policies despite fierce opposition. Critics should be able to challenge those policies without becoming targets of government retaliation. Congress should reserve removal for conduct that warrants it, while refusing to treat political difficulty as permission to ignore grave abuses. Courts should resolve the questions entrusted to them without pretending to hold every power required for a political remedy. The arrangement is demanding because every institution has authority and limits at the same time.

The most revealing question may be what each side would accept from the next administration. A precedent defended because it benefits Trump could later benefit a Democratic president. A weakened impeachment standard used against Trump could later be used against a Democrat. A refusal to recognize any abuse by a favored president could leave the public defenseless against an abuse by an opponent. Constitutional judgment should take that future seriously. The immediate contest will end; the expectations it creates can last.

So ask what you want the office to permit, not just whom you want in the office. Would you accept the same use of enforcement, contracts, spending or clemency from someone you distrust? What evidence would change your view? What limit should remain enforceable even when a president is popular? Those questions do not demand that every reader reach the same conclusion about impeachment. They demand something more durable: an answer that can survive a change of party, protect people outside your coalition and make public power answerable to the public rather than to its current holder.

[2] [3] [14]

Sources and further reading

  1. GPO: H.Res.1486, introduced August 24, 2026
  2. House Clerk: September 15, 2026 roll call 298
  3. Congressional Record: September 24, 2026, H6004; H.Res.1575
  4. Steve Cohen: September 24 announcement of 26 proposed articles
  5. Axios: September 15 vote reporting
  6. Truthout: September 25 reporting on Cohen proposal
  7. U.S. Senate: impeachment procedure and thresholds
  8. National Archives: Constitution, Articles I–III
  9. National Archives: Twentieth and Twenty-fifth Amendments
  10. Senate: February 5, 2020, Article I judgment, vote 33
  11. Senate: February 5, 2020, both judgments
  12. Senate: February 13, 2021 judgment, vote 59
  13. Reuters: Massie proposal against Hegseth, September 15
  14. GPO H.Res.1575 action XML: latest listed action September 24, 2026
  15. The Hill / AOL: October 6 report on Johnson, Jeffries and Aguilar
  16. Axios: September 14 report with White House response
  17. Supreme Court: Noem v. Abrego Garcia, April 10, 2025, pp.1247–1249
  18. Associated Press: Abrego Garcia return, June 6, 2025
  19. White House: Perkins Coie executive order, March 6, 2025
  20. U.S. District Court: Howell opinion, May 2, 2025
  21. Reuters: Perkins Coie ruling, May 2, 2025
  22. GAO: IMLS funding decision, June 16, 2025
  23. GAO: FEMA prior-year appropriations, September 29, 2025
  24. White House: January 6 clemency proclamation, January 20, 2025
  25. Associated Press: January 6 clemency, January 20, 2025
  26. The Art Newspaper: IMLS funding finding, June 17, 2025