Also known as: impeach · impeaches · impeached · impeaching · impeachments
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A legislative process by which the House of Representatives charges a public official with treason, bribery, or other high crimes and misdemeanors and the Senate conducts a trial that can result in removal from office upon conviction by a two-thirds vote.
A legislative process by which the House of Representatives charges a public official with treason, bribery, or other high crimes and misdemeanors and the Senate conducts a trial that can result in removal from office upon conviction by a two-thirds vote.
Select any source to read its text and confirm it supports the definition.
The process of attacking a witness's credibility through prior inconsistent statements, bias, prior convictions, or other permitted methods so that the factfinder may discount the testimony.
Select any source to read its text and confirm it supports the definition.
The process of attacking a witness's credibility through prior inconsistent statements, bias, prior convictions, or other permitted methods so that the factfinder may discount the testimony.
Each sense below has its own examples, sources, and questions.
President Ines Ibarra grants a pardon to a convicted cabinet official. The pardon is challenged in court. Because the Constitution expressly excepts impeachment cases from the pardon power, the official remains subject to Senate trial and potential removal even after the pardon issues.
The Senate refers an impeachment trial of a federal judge to a committee for evidence taking. The judge challenges the procedure in court. Because the Constitution commits the sole power to try impeachments to the Senate, the court dismisses the challenge as a nonjusticiable political question.
A House manager argues that an impeached official should receive a jury trial in the Senate. The Senate rejects the argument. Article III reserves jury trials for ordinary criminal cases and expressly excepts impeachment proceedings from that requirement.
A simple majority of the House must approve at least one article of impeachment to send the matter to the Senate for trial.
Supporting sources
No. The Constitution commits the sole power to try all impeachments to the Senate, rendering challenges to its procedures nonjusticiable political questions.
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Igor Ito sues Imperial Motors for product defects. Imperial Motors possesses an internal memo that could impeach its own expert. The company withholds the memo from initial disclosures because the rule permits nondisclosure when the material will be used solely for impeachment.
After Ingrid Innes is injured by a machine at Inertia Dynamics, the company installs a guard. At trial Ines Ibarra offers the guard installation to prove negligence. The court excludes the evidence for that purpose but permits it to impeach a defense witness who claimed the machine was already safe.
Interlink Communications withholds a damaging email from initial disclosures in a contract suit brought by Ivy Investments. The email will be used only to impeach a witness who testifies inconsistently. The rule permits the withholding because the intended use is solely impeachment.
Yes. Voluntary but unwarned statements and certain other evidence may be admitted solely to impeach a defendant who testifies inconsistently.
Supporting sources
A party need not disclose documents it intends to use solely for impeachment of a witness.
Supporting sources
…the fact that one party's experts use a methodology accepted by only a minority of scientists would be a proper basis for impeachment at trial. [^maj-12]: Dr. Palmer could not similarly bolster his testimony. Unlike the other experts, who speak in terms of probabilities, Dr. Palmer goes so far as to conclude that…