Donald Trump’s status as the only U.S. president to be impeached twice may be his most lasting legacy — one that is far different than how he might have been remembered prior to the insurrection at the U.S. Capitol January 6 by his supporters.
Presidential historian Barbara Perry says that despite Trump’s reputation for norm-breaking, racism and online bullying, the former president fulfilled many of the main promises he made on the campaign trail in 2016.
“Maybe more than most presidents, he made good on his promises,” says Perry, director of presidential studies at the University of Virginia's Miller Center.
“He lowered taxes on the wealthy. He limited and reduced federal regulations. He put conservatives — to the tune of over 200 federal judges — on the lower federal courts and three conservative members of the U.S. Supreme Court. He engaged in strong-arm tactics against China. He built part of his wall on the southern border and attempted to reduce, and succeeded in reducing, illegal immigration.”
Forecasting how historians will perceive and treat the 45th president decades from now is a risky endeavor. Perspectives change over time. Yet Perry and other students of politics agree that Trump’s trial for inciting insurrection, which begins this week, will likely obscure or taint the most notable accomplishments achieved during his presidency.
One of his primary distinctions in the history books could be as the only president ever to be formally accused of, and tried for, fomenting rebellion against the government he led.
The U.S. House of Representatives impeached the 74-year-old former president on January 13, charging him with inciting insurrection during an impassioned speech January 6 to supporters before the assault on the Capitol.
Trump’s followers wanted to stop a joint session of Congress from certifying Joe Biden’s November 2020 election victory. Among the rioters were members of right-wing groups that embrace theories associated with white supremacy.
“It's a black mark on his record, and if he gets convicted, it's a serious black mark,” says Susan Low Bloch, professor of constitutional law at Georgetown University Law Center. “It'll have a huge significance on his life because he won't be able to run again. It'll have significance for his followers because they won't be able to vote for him. And I think it'll be a warning to future government officials not to engage in insurrections.”
Bloch acknowledges it is unlikely that enough Senate Republicans will join Democrats to convict the former president. A total of 67 senators, two-thirds of the chamber, are needed for a conviction. But 45 Senate Republicans have already voted to dismiss the impeachment trial before it begins, an indication of how they might vote as the trial goes forward.
Trump will also be the first president to be tried after leaving office. But top Democrats say he must be held accountable.
“Trump must be tried and convicted so no future president can think it’s OK to incite insurrection,” House Speaker Nancy Pelosi of California said.
Impeachment, the bringing of charges for alleged crimes, is the most serious of remedies for a wayward president. If convicted, a president can be removed from office or disqualified from running for public office in the future.
Only three presidents have been impeached: Andrew Johnson in 1868; Bill Clinton in 1998; and Trump in 2019 and 2021. Three of those four proceedings have occurred within the last 23 years. No president has ever been convicted.
Bloch testified before the House Judiciary Committee ahead of the Clinton impeachment. She was the only woman on the panel of 19 law experts. Although she believes the impeachment proceedings against Trump are warranted, she warns against using impeachment too liberally as a political tool or a slap on the wrist for fear of reducing its potency as a legal remedy.
“It should not be what I call ‘the scarlet letter,’” Bloch says. “It should be used only when the person arguably should be removed from office … or in this case, since he's already removed, that you want to keep him from running again. That's the only time you should use it. And if you use it for anything less than that, then you cheapen it.”
The full historical significance and impact of a president being impeached twice and tried after leaving office could take decades to unravel. But historians have already begun to piece together the gravity of the events of January 6, saying that a national reckoning is needed in the aftermath of the assault on the Capitol in order to avoid devastating long-term consequences for the nation.