Tuesday, May 7, 2024

House Republicans bid to impeach Alejandro Mayorkas fails in US Senate US Senate

house republicans announce impeachment articles against mayorkas.

After the House transmits the articles of impeachment to the upper chamber, the chamber must schedule a trial to begin the next legislative day, according to Senate rules. With 51 seats controlled by Democrats and Democratic-leaning independents, the majority can speed up, delay or dismiss the impeachment outright. Sen. Sherrod Brown, a Democrat who is facing a tough reelection bid in Ohio, called the impeachment trial a “distraction,” arguing that Republicans should instead support a bipartisan border compromise they scuttled earlier this year. 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.

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The Senate is allowed to call witnesses, as well, if it so decides, and can ask questions of both sides after the opening arguments are finished. "To ensure the Senate has adequate time to perform its constitutional duty, the House will transmit the articles of impeachment to the Senate next week," a spokesperson for Speaker Mike Johnson, a Louisiana Republican, said in a statement. Meanwhile, key committee chairs are vowing to hold hearings on the crisis at the southern border and prepping plans to haul in officials for interviews. GOP Rep. Jim Jordan of Ohio, who leads the powerful House Judiciary Committee where impeachment articles would originate, suggested the issue would be one of the first hearings when his panel gets up and running. It’s exceedingly rare for a Cabinet secretary to be impeached, something that has only happened once in US history — when William Belknap, the secretary of war, was impeached by the House before being acquitted by the Senate in 1876. Yet it’s a very real possibility now after Kevin McCarthy — as he was pushing for the votes to win the speakership — called on Mayorkas to resign or face potential impeachment proceedings.

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The U.S. Department of Homeland Security cites pandemic-era health order to bar Venezuelans from legally applying for asylum. “A wonderfully constructive action,” Sen. Chris Coons, a Delaware Democrat, said sarcastically when asked about the impeachment talk. And another freshman New York Republican from a swing district, Rep. Anthony D’Esposito, has also expressed support for impeaching Mayorkas.

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Johnson had said he would send them to the Senate last week, but punted again after Senate Republicans said they wanted more time to prepare. Republican impeachment efforts against President Biden and his Cabinet appear to have hit a brick wall after the Senate swiftly dismissed articles of impeachment against Homeland Security Secretary Alejandro Mayorkas. The trial comes roughly two months after House Republicans voted to impeach Mayorkas by one vote, the tightest of margins. The House impeachment managers delivered the articles to the Senate on Tuesday, triggering the next steps in a trial.

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Senate Dismisses Impeachment Charges Against Mayorkas Without a Trial

Committee Democrats pushed back on the move to release impeachment articles on Sunday, saying evidence of high crimes and misdemeanors is "glaringly missing." "Here, in light of the inability of injured parties to seek judicial relief to remedy the refusal of Alejandro N. Mayorkas to comply with Federal immigration laws, impeachment is Congress's only viable option," the first article said. The resolution accused Mayorkas and the Biden administration of disregarding federal laws that mandate the detention of certain migrants, and overstepping their authority in using an authority known as parole to resettle more than 1 million migrants and refugees in the U.S. The department on Sunday cited high numbers of people being removed from the country, especially over roughly the last six months and its efforts to tackle fentanyl smuggling as proof that DHS is not shirking its border duties. And, they said, no administration has been able to detain every person who crosses the border illegally, citing space capacities. Mia Ehrenberg, a DHS spokesperson, said in a statement that the Senate's decision to reject the impeachment articles "proves definitively that there was no evidence or Constitutional grounds to justify impeachment."

"The only rational way to resolve this question is actually to debate it, to consider the Constitution and consider the law." 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.

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The latest and hopefully final blow to the impeachment follies was delivered Wednesday. Two months after House Republicans made Mayorkas the first Cabinet member to be impeached in nearly 150 years, they finally sent the patently political charges to the Democratic-controlled Senate, which took just three hours to dismiss them. The Senate found that the two charges — that he “willfully and systemically refused to comply with Federal immigration laws” and breached the public trust — didn’t clear the Constitution’s high bar. After the Senate convened as a court of impeachment, Schumer offered his plan to hold votes to dismiss the two articles of impeachment after limited debate. Senator Eric Schmitt, a Republican from Missouri, immediately objected to Schumer’s proposal and accused the Democratic leader of “setting our constitution ablaze” by seeking to dispense with the charges against Mayorkas. In the articles, Republicans argue that Mayorkas is deliberately violating immigration laws passed by Congress, such as those requiring detention of migrants, and that through his policies, a crisis has arisen at the border.

house republicans announce impeachment articles against mayorkas.

The Senate has dismissed all impeachment charges against Homeland Security Secretary Alejandro Mayorkas, ending the House Republican push to remove the Cabinet secretary from office over his handling of the U.S.-Mexico border and ending his trial before arguments even began. "If he cares about the Constitution and ending the devastation caused by Biden's border catastrophe, Senator Schumer will quickly schedule a full public trial and hear the arguments put forth by our impeachment managers," Johnson said in a statement. The second impeachment article accuses Mayorkas of "knowingly making false statements to Congress and the American people and avoiding lawful oversight in order to obscure the devastating consequences of his willful and systemic refusal to comply with the law and carry out his statutory duties."

Sen. Mitt Romney, a Republican representing 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. House impeachment managers — members who act as prosecutors and are appointed by the speaker — previewed some of their arguments at a hearing with Mayorkas on Tuesday morning on President Joe Biden's budget request for the department. Senators will be sworn in Wednesday as jurors, turning the chamber into the court of impeachment.

The Senate voted to kill the second and final article of impeachment against Homeland Security Secretary Alejandro Mayorkas. The border security bill Speaker Mike Johnson released is not expected to be part of that big bill, further angering the right, and will be considered separately, the sources said. GOP Sen. Lindsey Graham almost sided with the Democrats on the vote to kill the second article of impeachment — before he caught himself, to laughs in the chamber. The pair of votes, which split along partisan lines, swiftly killed a Senate trial that had only just begun, with Democrats and three independents voting to stop the process.

Senators voted to dismiss both articles of impeachment and end the proceedings, with Democrats arguing that the articles were unconstitutional. The first article charged Mayorkas with “willful and systemic refusal to comply” with immigration law and second article charged him with a “breach of trust” for saying the border was secure. The upper chamber is compelled by Senate rules to convene as a court of impeachment after the articles have been transmitted. Though the House voted to impeach Mayorkas in February in a historic vote that marked the first time a Cabinet secretary has been impeached in nearly 150 years, House leaders opted to wait until after a government funding fight to present the issue to the Senate. And although they intended to begin the process last week, Senate Republicans made a push to delay the proceedings until this week amid concerns over attendance.

The vote to kill the second article split 51-49, with Murkowski siding with her party. Three independent senators — Bernie Sanders of Vermont, Angus King of Maine and Kyrsten Sinema of Arizona — sided with the Democrats on both votes. Biden has also asked Congress to approve requests for more border patrol agents and immigration court judges, but Republicans have refused, saying Biden should use his executive authority to stem the flow of migrants. Biden has said he is mulling a far-reaching executive action that would dramatically reduce the number of asylum seekers who can cross the southern border. "That should come as no surprise because Republicans' so-called 'investigation' of Secretary Mayorkas has been a remarkably fact-free affair," Rep. Bennie Thompson, the top Democrats on the Homeland Security Committee, said in a statement. "They are abusing Congress' impeachment power to appease their MAGA members, score political points, and deflect Americans' attention from their do-nothing Congress."

Under the Constitution, the Senate is responsible for holding a trial to determine if impeached officials are guilty and should be removed from office. The House transmitted the articles on Tuesday, and senators were sworn in as jurors Wednesday afternoon. Sen. Patty Murray, a Washington Democrat and the president pro tempore of the chamber, presided over the trial. Senators took turns signing an oath book, an indication of the gravity of the proceedings. 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.

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