Washington — Two months after impeaching Homeland Security secretary Alejandro Mayorkas, House Republicans will present their case to the Senate next week. Senators will serve as impeachment jurors for the third time in five years. Speaker Mike Johnson planned to send impeachment charges to the Senate on Wednesday, but he indicated Tuesday he would wait until next week as Republicans sought to get a full Senate trial.
On Feb. 13, the Republican-controlled House impeached Mayorkas by one vote over his border management. The House accused Mayorkas of “willfully and systematically” refusing to enforce immigration rules and breaching the public trust by lying to Congress about the border's security with two articles of impeachment.
Unlike Trump's 2020 and 2021 impeachment proceedings, the Senate isn't likely to spend much time on the charges. Though Senate Majority Leader Chuck Schumer, D-N.Y., hasn't announced his plans, Democrats look to have the votes to dismiss the trial immediately.
Democrats argue that Mayorkas' claims are policy disputes, not Constitutional “high crimes and misdemeanors” that prevent impeachment. Johnson and Senate Republicans want Schumer to run a complete trial. Johnson stated that Senator Schumer will soon schedule a full public trial and hear our impeachment managers' arguments if he cares about the Constitution and ending Biden's border tragedy.
After rejecting the effort a week earlier, the House narrowly impeached the Cabinet secretary for the first time in nearly 150 years on February 214-213. The Senate must consider the charges, but two-thirds must vote to convict him. None of the Democrats have supported impeachment.
Impeachment rules require senators to follow a process. Senate next steps: Planning an impeachment trial. House managers, who are selected by the speaker as prosecutors, read the impeachment charges on the Senate floor after a ceremonial trip across the Capitol with the articles. Johnson promises that on Wednesday.
Schumer wrote to senators on Friday that jurors will be sworn in on Thursday. The Senate must then summon Mayorkas to state the charges and request a written response. He would never have to appear in the Senate. Senate president pro tempore Patty Murray will preside. As the top majority party member, she maintains that position.
What happens once Senate jurors are sworn in is unclear. The rules usually let the Senate decide. Voting to drop charges If Schumer can manage a simple majority, Democrats could dismiss the trial or table the two impeachment articles, terminating the House's effort and allowing the Senate to move on. Schumer is anticipated to try to dismiss the trial if he has the votes, though he hasn't revealed his plans. Dems control the Senate 51-49.
To reach 51 votes, all Democrats and the chamber's three Independents must vote to dismiss, or fewer if Republicans join them. No Democrats or Independents have supported impeachment. Schumer wrote to senators Friday that their presence is “essential” when they are sworn in as jurors Thursday, hinting at a close vote.
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