Speaker Mike Johnson is exploring legal avenues to formally remove Donald Trump's two impeachments from the congressional record.. This potential House Republican maneuver aims to address the 2019 abuse of power and 2021 incitement charges, though the plan faces significant internal and legal opposition.

The constitutional ambiguity of Johnson's expungement plan

Speaker Mike Johnson (R-LA) is reportedly investigating specific mechanisms to "expunge" the two impeachments of former President Donald Trump. The proposal seeks to strike both the 2019 abuse of power charge and the 2021 incitement of the January 6 Capitol riot from the official House history.

Legal schoolars have expressed skepticism regarding the feasibility of this move, with some labeling the attempt to overturn an impeachment as procedurally "absurd." The United States Constitution does not provide a clear, established pathway for Congress to nullify a completed impeachment process . according to the report, Johnson has framed the issue as a moral necessity, arguing that the House should "make right" what he perceives as politically motivated votes to restore confidence among the Republican base.

Representative Troy Bacon's warning against a "vanity project"

Not all Republicans are aligned with the Speaker's vision for the party's historical record. Representative Troy "Bacon" (R-TX) has emerged as a vocal critic , describing the potential vote as a "vanity project" that offers no tangible benefit to the American public .

Bacon argues that the GOP's narrow three-seat majority should be utilized for more substantive legislative priorities. He suggested that instead of focusing on expungement, the party would be better served by bolstering defense spending, enforcing legal immigration reforms, and protecting Social Security. Bacon has signaled that he will "very likely" oppose any floor vote on the matter, highlighting a growing divide within the chamber.

The two remaining Republicans who voted for impeachment

The political landscape within the GOP has shifted dramatically since the original impeachment proceedings. Of the ten Republicans who voted to impeach Donald Trump in 2021, only two remain in Congress: Representative David Valadao (R-CA) and Representative Dan Newhouse (R-WA).

This dwindling number of supporters for the impeachment highlights the changing dynamics of the party. As the political landscape evolves, the influence of those who supported the 2021 vote is fading; Newhouse, for instance, has already announced plans to retire in January, while Valadao is currently focused on his re-election campaign.

Will the 2026 midterms dictate the timing of a vote?

While no formal vote has been scheduled, insiders suggest that the discussion may be delayed until after the 2026 midterm elections. This timing would allow the GOP to stabilize its fragile majority in the House before tackling such a divisive and potentially polarizing issue.

Several questions remain regarding the actual viability and impact of this plan. it is unclear how many Republican votes Johnson can actually secure given the opposition from members like Bacon, and whether Democratic leaders will successfully use the House Oversight Committee to counter-attack on accountability issues. Furthermore, the report notes that former Republican Adam Kinzinger has already argued that such a vote would fail to actually rewrite the historical record of the January 6 attack.