The process of impeachment often arises in discussions around congressional action against a sitting president. But how does it work for other U.S. government officials?
The same provision that allows Congress to impeach a president — Article II, Section 4 — also gives it the authority to impeach and remove federal officials, including Cabinet secretaries:
“The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”
Cabinet secretaries are included in the part about “all civil Officers of the United States.”
There’s no strict definition of “high crimes and misdemeanors,” and it isn’t necessarily akin to violation of a criminal statute or court conviction. Historically, for presidents and other officials, impeachment has been used to address abuses of official power and breaches of public trust.
The process is very similar.
Cases originate in the House of Representatives, with the introduction of a resolution or a committee investigating allegations. The House investigates alleged misconduct and decides whether to formally charge an official through articles of impeachment.
If that happens, and a simple majority of the House votes to impeach, then the Senate holds a trial.
For presidents, how that trial is conducted is explicitly set out in the Constitution, with the chief justice of the U.S. Supreme Court presiding.
It’s not as clear for Cabinet secretaries as to who oversees the proceedings.
No. It takes a conviction to do that.
Just like for presidents, saying that someone has been impeached is basically a formal accusation, not a conviction. A secretary who has been impeached by the House can continue serving while the Senate considers the charges.
It takes a simple majority in the House to technically impeach a Cabinet secretary. But for a conviction in the Senate, it takes a two-thirds vote, a significantly higher threshold.
Overall, it’s rare.
William W. Belknap, who served as war secretary for President Ulysses S. Grant, was the first Cabinet secretary to be impeached. He resigned hours before the House voted to impeach him in 1876 on allegations he accepted bribes in a trading post scandal.
He was subsequently acquitted by the Senate.
The second Cabinet secretary to be impeached was Alejandro Mayorkas, who served as Homeland Security Secretary in the Biden administration. The House narrowly voted to impeach Mayorkas in February 2024. The Senate dismissed the case two months later, saying it didn’t meet constitutional standards, and Mayorkas continued to serve until President Joe Biden left office.
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Meg Kinnard can be reached at http://x.com/MegKinnardAP
