Several GOP senators have questioned the need for a trial, but none have committed to dismissing the charges immediately. Mitt Romney, a Utah senator, doubted Tuesday that the constitutional impeachment hurdle had been fulfilled.
Last week during an appearance in Kentucky, Senate Republican leader Mitch McConnell predicted Schumer would move to dismiss or delay the accusations. “The Democrats have the majority so it may not go on very long,” McConnell added. “I prefer a trial, but I think the majority will prevent that.”
Referring to Committee If Democrats cannot dismiss the trial or table the articles, they can vote to appoint a trial committee to investigate the charges, following the precedent of multiple federal judge impeachment cases over the last century.
There are no strict regulations on how to constitute a trial committee, but the Senate has authorized party leaders to recommend six senators and a chairperson. Committees might call witnesses and submit final reports to the Senate before trials.
Although this tactic has history, Democrats may try to stop it if they can, especially in a presidential election year where immigration and border security are top issues. Schumer labeled the House effort a “sham,” echoing Trump’s impeachment justification.
House Republicans failed to produce any evidence that Secretary Mayorkas has committed any crime,” Schumer said following the impeachment vote. House Republicans failed to prove he broke the Constitution. House Republicans failed to prove an impeachable offense.”
Moving to trial If the Senate goes to trial, senators may have to sit for weeks while House impeachment managers and Mayorkas' lawyers argue. The Senate can call witnesses if it wants. Before deciding to convict, senators can question both sides.
Republicans called for a trial this week. South Dakota Sen. John Thune, the second-ranking Republican, said, “The Senate needs to conduct a trial where senators have an opportunity to examine the evidence, examine the record, and come to a conclusion.”
Mayorkas appeared unconcerned at Friday's press briefing. Mayorkas added, “When I say that I am not focused on the impeachment proceedings, I actually mean it. “I hope my time is not taken from my work.”
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