Donald Trump's Impeachment Lawyer Says a Third Trial Would Be Pointless 'Sheer Political Retribution'

Donald Trump's former impeachment lawyer has warned that a third impeachment of the president after Democrats won control of both chambers of Congress in the 3 November midterm elections would be 'sheer political retribution.'

Michael T. van der Veen, who defended Trump during his second impeachment trial in 2021, told the Irish Star before the results that he saw no reason for another proceeding.

Democrats will gain control when the new Congress convenes on 3 January 2027. But House Minority Leader Hakeem Jeffries said on 4 November that no member of his caucus had discussed impeachment with him. He said Democrats were focused on 'affordability and accountability.'

Van Der Veen Calls Another Impeachment Retribution

'Of course. I would be honored to represent him again,' van der Veen told the Irish Star. 'It's one of the highest areas of responsibility for a lawyer to defend the leader of the country, and they would be pleased to.'

He argued that Trump's second impeachment had been intended to stop him holding public office again. A Senate conviction could have been followed by a separate vote to disqualify him; conviction alone would not have imposed that penalty.

'The reasons to impeach him the last time don't really exist this time — it would be a sheer political retribution to no end,' van der Veen said. He argued the resources spent on another impeachment would be better used elsewhere.

Trump Publicly Predicts He Will Be Impeached Again

Trump has floated the idea of serving a third term, although the 22nd Amendment bars anyone from being elected president more than twice. It does not prevent impeachment during a second term.

At a rally in Myrtle Beach, South Carolina, on 21 August, Trump urged supporters to 'pretend' he was on the ballot and warned they would 'lose everything' if Republicans lost the midterms. He also predicted: 'I'm going to be impeached. They're going to impeach me.'

In an interview with the Washington Examiner on 4 November, Trump said he was 'not even a little bit' concerned about impeachment. He warned that pursuing it would 'destroy the Democratic Party', describing it as impeachment 'for no reason'.

Democrats Signal Oversight First, Impeachment Later

On 7 November, Trump announced on Truth Social that he was directing the Justice Department to investigate Democrats whom he accused of threatening officials with impeachment and other punishment. He described their conduct as criminal but offered no evidence. The department did not immediately comment.

The incoming Democratic majorities can use congressional oversight to demand records, hold hearings and investigate the administration. Impeachment is separate: the House can approve articles by a simple majority, but conviction in the Senate requires two-thirds of senators present.

Trump was impeached in December 2019 on abuse-of-power and obstruction charges linked to Ukraine, then again in January 2021 for incitement of insurrection after the Capitol attack. The Senate acquitted him both times. In the second trial, 57 senators voted to convict, short of the 67 required with all senators present.

Jeffries' comments suggest the incoming House Democratic leadership is not making impeachment its immediate priority. The immediate test will be whether Democrats prioritise investigations and oversight over another impeachment attempt.