Please ensure Javascript is enabled for purposes of website accessibility
Senate Will Convene the Mayorkas Impeachment Trial as Democrats Plot a Quick Dismissal
gvw_ap_news
By Associated Press
Published 1 month ago on
April 17, 2024

Senate Democrats may end the impeachment trial of Homeland Security Secretary Alejandro Mayorkas before it begins. (AP/Jose Luis Magana)

Share

Getting your Trinity Audio player ready...

WASHINGTON — Senate Democrats could end the impeachment trial of Homeland Security Secretary Alejandro Mayorkas on Wednesday before arguments even begin.

Senate Majority Leader Chuck Schumer is expected to call votes to dismiss two articles of impeachment against Mayorkas after senators are sworn in as jurors midday, a move that could scuttle the trial and frustrate Republicans who have demanded that House prosecutors be able to make their case. Democrats appear to be united in opposition to moving forward.

The House narrowly voted in February to impeach Mayorkas for his handling of the U.S.-Mexico border, arguing in the two articles that he “willfully and systematically” refused to enforce immigration laws. House impeachment managers appointed by Speaker Mike Johnson, R-La., delivered the charges to the Senate on Tuesday, standing in the well of the Senate and reading them aloud to a captive audience of senators.

The entire process could be done within hours on Wednesday. Majority Democrats have said the GOP case against Mayorkas doesn’t rise to the “high crimes and misdemeanors” laid out as a bar for impeachment in the Constitution, and Schumer probably has enough votes to end the trial immediately if he decides to do so.

Mayorkas’ Response

Mayorkas, who was in New York to launch a campaign for children’s online safety, reiterated that he’s focused on the work of his department. “The Senate is going to do what the Senate considers to be appropriate as that proceeds,” he said. “I am here in New York City on Wednesday morning fighting online sexual exploitation and abuse. I’m focused on our mission.”

Once the senators are sworn in on Wednesday, the chamber will turn into the court of impeachment, with Democratic Sen. Patty Murray of Washington presiding. Murray is the president pro tempore of the Senate, or the senior-most member of the majority party who sits in for the vice president.

Exactly how Democrats will proceed on Wednesday is still unclear. Impeachment rules generally allow the Senate majority to decide how to manage the trial, and Schumer has not said exactly what he will do.

Republican Opposition

Senate Republicans are likely to try to raise a series of objections if Schumer calls votes to dismiss or table. But ultimately they cannot block a dismissal if majority Democrats have the votes.

In any case, Republicans would not be able to win the support of the two-thirds of the Senate that is needed to convict and remove Mayorkas from office — Democrats control the Senate, 51-49, and they appear to be united against the impeachment effort. Not one House Democrat supported it, either.

While most Republicans oppose quick dismissal, some have hinted they could vote with Democrats.

Sen. Mitt Romney, R-Utah, said last week he wasn’t sure what he would do if there were a move to dismiss the trial. “I think it’s virtually certain that there will not be the conviction of someone when the constitutional test has not been met,” he said.

At the same time, Romney said he wants to at least express his view that “Mayorkas has done a terrible job, but he’s following the direction of the president and has not met the constitutional test of a high crime or misdemeanor.”

Impeachment Articles

The two articles argue that Mayorkas not only refused to enforce existing law but also breached the public trust by lying to Congress and saying the border was secure. The House vote was the first time in nearly 150 years that a Cabinet secretary was impeached.

Since then, Johnson has delayed sending the articles to the Senate for weeks while both chambers finished work on government funding legislation and took a two-week recess. Johnson had said he would send them to the Senate last week, but he punted again after Senate Republicans said they wanted more time to prepare.

House impeachment managers previewed some of their arguments at a hearing with Mayorkas on Tuesday morning about President Joe Biden’s budget request for the department.

Tennessee Rep. Mark Green, the chairman of the House Homeland Security panel, told the secretary that he has a duty under the law to control and guard U.S. borders, and “during your three years as secretary, you have failed to fulfill this oath. You have refused to comply with the laws passed by Congress, and you have breached the public trust.”

Mayorkas defended the department’s efforts but said the nation’s immigration system is “fundamentally broken, and only Congress can fix it.”

Other impeachment managers are Michael McCaul of Texas, Andy Biggs of Arizona, Ben Cline of Virginia, Andrew Garbarino of New York, Michael Guest of Mississippi, Harriet Hageman of Wyoming, Clay Higgins of Louisiana, Laurel Lee of Florida, August Plfuger of Texas and Marjorie Taylor Greene of Georgia.

At a news conference with a group of Republican senators after the articles were delivered, the impeachment managers demanded that Schumer move forward with their case.

“The voice of the people is very clear,” said McCaul, chairman of the House Foreign Affairs Committee. “Secure the border and impeach this man, this criminal.”

If Democrats are unable to dismiss or table the articles, they could follow the precedent of several impeachment trials for federal judges over the last century and hold a vote to create a trial committee that would investigate the charges. While there is sufficient precedent for this approach, Democrats may prefer to end the process completely, especially in a presidential election year when immigration and border security are top issues.

If the Senate were to proceed to an impeachment trial, it would be the third in five years. Democrats impeached President Donald Trump twice, once over his dealings with Ukraine and a second time in the days after the Jan. 6, 2021, attack on the Capitol. Trump was acquitted by the Senate both times.

At a trial, senators would be forced to sit in their seats for the duration, maybe weeks, while the House impeachment managers and lawyers representing Mayorkas make their cases. The Senate is allowed to call witnesses, as well, if it so decides, and it can ask questions of both sides after the opening arguments are finished.

RELATED TOPICS:

DON'T MISS

CA Senate Passes Hospital Seismic Compliance Bill: What’s the Impact on Local Hospitals?

DON'T MISS

Take This Memorial Day Quiz Before Warming up the Grill

DON'T MISS

Hate Wasting Money? Use These 7 Hacks to Feed Your Family for Less

DON'T MISS

NCAA and Leagues Back $2.8 Billion Settlement, Setting Stage for Current, Former Athletes to Be Paid

DON'T MISS

UC Berkeley Faces a Summer of Discontent as Gaza Protesters Remain Steadfast

DON'T MISS

Newsom Promised 1,200 Tiny Homes for Homeless Californians. How Many Are Being Used?

DON'T MISS

Fresno Unified Unveils 5-Year Literacy Plan. What Are the Expectations?

DON'T MISS

Man Sentenced to 25 Years for Teaching Bomb-Making to Person Targeting Authorities

DON'T MISS

UCLA Police Arrest Young Man for Alleged Felony Assault in Attack on Pro-Palestinian Encampment

DON'T MISS

UAW Files Objection to Mercedes Vote, Accuses Company of Intimidating Workers

UP NEXT

Take This Memorial Day Quiz Before Warming up the Grill

UP NEXT

Hate Wasting Money? Use These 7 Hacks to Feed Your Family for Less

UP NEXT

NCAA and Leagues Back $2.8 Billion Settlement, Setting Stage for Current, Former Athletes to Be Paid

UP NEXT

UC Berkeley Faces a Summer of Discontent as Gaza Protesters Remain Steadfast

UP NEXT

Newsom Promised 1,200 Tiny Homes for Homeless Californians. How Many Are Being Used?

UP NEXT

Fresno Unified Unveils 5-Year Literacy Plan. What Are the Expectations?

UP NEXT

Man Sentenced to 25 Years for Teaching Bomb-Making to Person Targeting Authorities

UP NEXT

UCLA Police Arrest Young Man for Alleged Felony Assault in Attack on Pro-Palestinian Encampment

UP NEXT

UAW Files Objection to Mercedes Vote, Accuses Company of Intimidating Workers

UP NEXT

Fresno County Fruit Trail: Rewards You Can Sink Your Teeth Into

NCAA and Leagues Back $2.8 Billion Settlement, Setting Stage for Current, Former Athletes to Be Paid

16 hours ago

UC Berkeley Faces a Summer of Discontent as Gaza Protesters Remain Steadfast

16 hours ago

Newsom Promised 1,200 Tiny Homes for Homeless Californians. How Many Are Being Used?

18 hours ago

Fresno Unified Unveils 5-Year Literacy Plan. What Are the Expectations?

18 hours ago

Man Sentenced to 25 Years for Teaching Bomb-Making to Person Targeting Authorities

18 hours ago

UCLA Police Arrest Young Man for Alleged Felony Assault in Attack on Pro-Palestinian Encampment

18 hours ago

UAW Files Objection to Mercedes Vote, Accuses Company of Intimidating Workers

18 hours ago

Fresno County Fruit Trail: Rewards You Can Sink Your Teeth Into

19 hours ago

Rising Stars Tigirlily Gold Wows the Crowd at 93.7 KISS Country Concert

19 hours ago

Get Ready for the Indy 500 With This Look at Parnelli Jones, JC Agajanian & the Willard Battery Special

20 hours ago

CA Senate Passes Hospital Seismic Compliance Bill: What’s the Impact on Local Hospitals?

The California Senate has unanimously passed SB 1432, a bill introduced by Sen. Anna Caballero (D-Merced) to provide a transparent and accou...

3 hours ago

3 hours ago

CA Senate Passes Hospital Seismic Compliance Bill: What’s the Impact on Local Hospitals?

5 hours ago

Take This Memorial Day Quiz Before Warming up the Grill

5 hours ago

Hate Wasting Money? Use These 7 Hacks to Feed Your Family for Less

16 hours ago

NCAA and Leagues Back $2.8 Billion Settlement, Setting Stage for Current, Former Athletes to Be Paid

16 hours ago

UC Berkeley Faces a Summer of Discontent as Gaza Protesters Remain Steadfast

18 hours ago

Newsom Promised 1,200 Tiny Homes for Homeless Californians. How Many Are Being Used?

18 hours ago

Fresno Unified Unveils 5-Year Literacy Plan. What Are the Expectations?

18 hours ago

Man Sentenced to 25 Years for Teaching Bomb-Making to Person Targeting Authorities

MENU

CONNECT WITH US

Search

Send this to a friend