Two articles of impeachment against Mayorkas dismissed, ending trial
WASHINGTON — The Senate on Wednesday 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.
The two votes effectively ended the trial before arguments ever began. Senators voted separately to dismiss the two articles of impeachment, arguing they were unconstitutional.
The first article charged Mayorkas with “willful and systemic refusal to comply with the law.” The second charged Mayorkas with a “breach of trust” for saying the border was secure.
Republicans had argued for a full impeachment trial against Mayorkas.
The vote to dismiss the first article was 51-48 along party lines, with Republican Sen. Lisa Murkowski of Alaska voting “present.”
Chuck Schumer, the Senate majority leader, said the House Republicans’ case failed to meet “the high standard of high crimes and misdemeanors” and could set a dangerous precedent.
“For the sake of the Senate’s integrity and to protect impeachment for those rare cases we truly need it, senators should dismiss today’s charges,” said Schumer, D-N.Y., as he opened Wednesday’s session.
The House narrowly voted in February to impeach Mayorkas for his handling of the border, arguing in the two articles that he “willfully and systematically” refused to enforce immigration laws. House impeachment managers delivered the charges to the Senate on Tuesday, standing in the well of the Senate and reading them aloud to a captive audience of senators.
An outright dismissal of House Republicans’ prosecution of Mayorkas, with no chance to argue the case, is an embarrassing defeat for House Republicans and embattled House Speaker Mike Johnson, R-LA., who made the impeachment a priority. And it is likely to resonate politically for both Republicans and Democrats in a presidential election year when border security has been a top issue.
Republicans argue that President Joe Biden has been weak on the border as arrests for illegal crossings skyrocketed to more than 2 million people during the last two years of his term, though they have fallen from a recordhigh of 250,000 in December amid heightened enforcement in Mexico. Democrats say that instead of impeaching Mayorkas, Republicans should have accepted a bipartisan Senate compromise aimed at reducing the number of migrants who come
into the U.S. illegally.
Once the senators were sworn in Wednesday, the chamber turned into the court of impeachment, with Democratic Sen. Patty Murray of Washington presiding. Murray is the president pro tempore of the Senate, or the seniormost member of the majority party who sits in for the vice president. Senators approached the front of the Senate in groups of four to sign an oath book that is stored in the National Archives.
Schumer then called for the votes to dismiss the trial after Republicans rejected a proposed agreement for Senate debate time and several votes on GOP objections. Senate Republican Leader Mitch Mcconnell called for a delay in the proceedings while Republican senators huddled on the floor to discuss how to proceed and called for several votes to delay the final outcome.
As Johnson signed the articles Monday in preparation for sending
them across the Capitol, he said Schumer should convene a trial to “hold those who engineered this crisis to full account.”
Schumer “is the only impediment to delivering accountability for the American people,” Johnson said. “Pursuant to the Constitution, the House demands a trial.”
Mayorkas, who was in New York on Wednesday to launch a campaign for children’s online safety, reiterated that he’s focused on the work of his department. “The Senate is going to do what the Senate considers to be appropriate as that proceeds,” he said. “I am here in New York City on Wednesday morning fighting online sexual exploitation and abuse. I’m focused on our mission.”
The two articles argued that Mayorkas not only refused to enforce existing law but also breached the public trust by lying to Congress and saying the border was secure.