Mayorkas Impeachment Moving To Senate, Where Trial Could End Fast

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House Republicans are expected to send over articles of impeachment against Homeland Security Secretary Alejandro Mayorkas, kicking off what is likely to be a brief trial in the upper chamber that could conclude as soon as Wednesday.

Led by 11 impeachment managers appointed by Speaker Mike Johnson (R-La.), House Republicans have demanded a full trial, while Senate Democrats, who hold a 51-49 majority, are planning to band together to dismiss or table the trial. Most Senate Republicans, despite previously voicing concerns about the substance of the articles of impeachment against Mayorkas, have echoed the lower chamber’s calls for the Senate to adhere to the rules of impeachment and hold a trial.

At least one Republican – Sen. Mitt Romney (Utah) – has said he plans to vote against a full trial. Several others who have been critical of the impeachment have yet to stake out their position, including Sens. Susan Collins (R-Maine) and Lisa Murkowski (R-Alaska).

The two impeachment articles, which charge Mayorkas with “willful and systemic refusal to comply with the law” and “breach of public trust,” will be delivered to the Senate after a ceremonial walk across the Capitol. Senators will be sworn in as jurors Wednesday, and then it will be incumbent on Senate Majority Leader Charles E. Schumer (D-N.Y.) to decide how to proceed.

Schumer decried the proceedings Monday, saying impeachment “should never be used to settle a policy disagreement” and vowing to “address the issue as expeditiously as possible.” It’s unclear whether Schumer will move to table or dismiss the case, a maneuver that requires 51 votes to pass.

Johnson responded Tuesday to Schumer’s remarks, calling him the “only impediment to delivering accountability for the American people.”

“Pursuant to the Constitution, the House demands a trial,” Johnson added.

Senate Republicans are divided on how to best influence the process, with some promising to stage procedural roadblocks to prevent a quick dismissal and try to hold Democrats accountable for the record-breaking levels of migration at the southern U.S. border. But Sen. John Thune (R-S.D.) said the Senate GOP conference has yet to resolve how to process the articles.

“There are procedural tools that can be used, but my assumption is that it doesn’t go on indefinitely,” Thune said. “I think right now there’s still a question about how it’ll get handled, and that’s something that our members are going to have to have a conversation about today, and then hopefully we’ll have a better insight into what that process might look like.”

Sen. Cynthia Lummis (R-Wyo.) said she was interested in pursuing procedural options “to make this as painful as possible if the Democrats are going to either move to dismiss or move to table.”

“This is a constitutional process that they are trying to shove under the rug, and I find that completely concerning,” Lummis added.

Mayorkas, meanwhile, has been making the rounds on Capitol Hill over the past week, advocating for a DHS budget with higher funding than in the deal agreed to last month by the White House and Congress.

This is Mayorkas’s 30th time testifying before Congress in his capacity as DHS secretary, although he did not testify in his defense before the House Committee on Homeland Security after it revoked an invitation for him to appear, instead requesting written testimony.

“Secretary Mayorkas spent months helping a bipartisan group of Senators craft a tough but fair bill that would give DHS the tools necessary to meet today’s border security challenges, but the same House Republicans playing political games with this impeachment chose to block that bipartisan compromise,” a DHS spokesperson said in a statement. “Congressional Republicans should stop wasting time with unfounded attacks, and instead do their job by passing bipartisan legislation to properly fund the Department’s vital national security missions and finally fix our broken immigration system.”

(c) 2024, The Washington Post · Jacqueline Alemany 


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