The Senate killed the first article of impeachment against Homeland Security Secretary Alejandro Mayorkas on Wednesday as the historic trial of the Cabinet secretary got underway.
The article of impeachment killed by the Senate was for “willful and systemic refusal to comply with the law.” Mayorkas still faces a second article for “breach of public trust.”
Senate Majority Leader Chuck Schumer opened the proceedings by offering a time agreement to Republicans that would have allowed a certain amount of floor debate and votes on trial resolutions and points of order before an eventual vote to dismiss the case.
Republican Sen. Eric Schmitt of Missouri objected, saying he would not agree to a proposal that would conclude with an “unprecedented” step in US history of dismissing an impeachment case without a trial. Many Republicans wanted an agreement because it would have allowed them to make speeches on the floor about why they think a full trial should take place and other points. Without it, they will not be allowed to speak on the floor – unless they get unanimous consent – except in the form of points of order that would be read allowed by the presiding officer.
Schumer then made a motion to table or kill the first impeachment article because “it does not allege conduct that rises to the level of a high crime or misdemeanor” as required in the Constitution. After several rounds of procedural votes, the Senate passed that motion 51 to 48 with one voting present, killing the first article of impeachment.
Mayorkas is the first Cabinet secretary to be impeached in almost 150 years. House Republicans voted to impeach Mayorkas in February over his handling of the southern border by a narrow margin after failing to do so on their first try.
The House transmitted the articles of impeachment to the Senate on Tuesday and senators were sworn in as jurors Wednesday. It is highly doubtful that the chamber would vote to convict, which would require a two-thirds majority vote – an exceedingly high bar to clear.
Democrats have slammed the impeachment as a political stunt, saying that Republicans had no valid basis for the move and that policy disagreements are not a justification for the rarely used constitutional impeachment of a Cabinet official.
“We want to address this issue as expeditiously as possible,” Schumer said in floor remarks on Tuesday. “Impeachment should never be used to settle a policy disagreement.”
He added, “Talk about awful precedents. This would set an awful precedent for Congress. Every time there’s a policy agreement in the House, they send it over here and tie the Senate in knots to do an impeachment trial? That’s absurd. That’s an abuse of the process. That is more chaos.”
Senate TV
The US Senate floor shortly before senators were sworn in as jurors in the impeachment trial against Homeland Security Secretary Alejandro Mayorkas on Wednesday.
A number of congressional Republicans, however, have criticized the prospect of a quick dismissal or move to table.
Senate Minority Leader Mitch McConnell said on Tuesday that senators have a “rare” and “solemn” responsibility to consider the impeachment articles and said he would oppose any effort to table the articles.
“As befits such a solemn and rare responsibility as convening a court of…
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