Elise Stefanik and Marjorie Taylor Greene want to “expunge” Donald Trump’s impeachments from the record.
“Expungement,” as the American Bar AssociationIn law, “expungement” is the process by which a record of criminal conviction is destroyed or sealed from state or federal record. An expungement order directs the court to treat the criminal conviction as if it had never occurred, essentially removing it from a defendant’s criminal record as well as, ideally, the public record.
It is important to clarify that expungement is not “forgiveness” for committing a crime — that is a legal pardon. Most often, expungements are offered to minors so that they aren’t haunted the rest of their lives for first-offense arrests for DUIs. The ABA notes there is no federal statute for expungement; orders to expunge records are almost always conducted by state authorities in pursuance of state laws.
So what Stefanik and Greene are trying to do is closer to a simple whitewash than anything based on legal precedents. It would make a hash of the constitutional scheme if every House impeachment resulting in a Senate acquittal meant the impeachment wasn’t warranted in the first place.
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