Senate to convene Mayorkas impeachment trial as Democrats plot quick dismissal

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

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 at noon, a move that could derail the trial and frustrate Republicans who have demanded that House prosecutors Delegates can argue their case. Democrats appear united in their opposition to progress.

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

The entire process was completed within a few hours on Wednesday. Majority Democrats have said the Republican case against Mayorkas does not raise the “high crimes and misdemeanors” enshrined in the Constitution as a bar to impeachment, and that Schumer likely has enough votes to end the trial immediately if he decides to do so doing.

Schumer has said he wants to “address this issue as quickly as possible.”

“Impeachment should never be used to resolve a disagreement over policy,” Schumer said. “That would set a terrible precedent for Congress.”

When Johnson signed the articles Monday in preparation to send them through the Capitol, he said Schumer should convene a trial to “hold fully accountable those who created this crisis.”

Schumer “is the only barrier to accountability to the American people,” Johnson said. “Pursuant to the Constitution, the House demands a trial.”

Once senators are sworn in on Wednesday, the chamber will turn into the court of impeachment, chaired by Democratic Senator Patty Murray of Washington. Murray is the president pro tempore of the Senate, or the most senior member of the majority party who replaces the vice president.

It is still unclear exactly how the Democrats will proceed on Wednesday. The rules of impeachment generally allow the Senate majority to decide how to conduct the trial, and Schumer has not said exactly what he will do.

Senate Republicans will likely try to raise a series of objections as Schumer calls for votes to dismiss or table. But ultimately, they can’t block a dismissal if the majority of Democrats have the votes.

In any case, Republicans would not be able to secure the support of two-thirds of the Senate needed to convict and remove Mayorkas from office – Democrats control the Senate, 51-49, and they appear to be united against the impeachment. attempt. Not a single Democrat from the House of Representatives supported it either.

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

Sen. Mitt Romney, R-Utah, said last week he was unsure what he would do if there was an attempt to dismiss the trial. “I think it is almost certain that there will be no conviction of anyone if the constitutional test is not met,” he said.

At the same time, Romney said he would at least express his opinion that “Mayorkas has done a terrible job, but he is following the president’s directions and has not met the constitutional test for a high crime or misdemeanor.”

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

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

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

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 secure America’s borders, and “during your three years as secretary you have failed to fulfill this oath to fulfill. You have refused to abide by the laws passed by Congress, and you have betrayed the public trust.”

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

Other impeachment managers include 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 from Georgia.

At a press conference with a group of Republican senators after the articles were delivered, the impeachment managers demanded 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 secure this man, this criminal.”

If Democrats fail to reject or bring the articles to the floor, they could follow the precedent of several impeachment trials before federal judges over the past century and hold a vote to create a trial committee to review the would investigate allegations. While there is plenty of precedent for this approach, Democrats may prefer to end the process entirely, especially in a presidential election year when immigration and border security are top issues.

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

During a trial, senators would be forced to remain in their seats for perhaps weeks while House impeachment managers and attorneys representing Mayorkas argue their case. The Senate may also call witnesses if it decides to do so, and may ask questions from both sides after opening arguments conclude.

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Associated Press writer Farnoush Amiri contributed to this report.