Senate Kills First Article of Impeachment Against Homeland Security Secretary
Senate dismisses impeachment case with a historic vote
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.
Article of impeachment deemed insufficient
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 offers time agreement
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.
Republicans object to dismissal without trial
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 makes motion to dismiss
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 becomes first Cabinet secretary to be impeached in 150 years
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.
Impeachment trial unlikely to result in conviction
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.
Impeachment labeled a political stunt
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.
Debate on setting precedents
“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.”
Republican objections to dismissal
A number of congressional Republicans, however, have criticized the prospect of a quick dismissal or move to table.
McConnell opposes tabling the articles
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.
Efforts to force a full trial unlikely to gain traction
Additionally, some hard-right Republican senators are trying to find a way to force a full trial, but their efforts are not expected to get enough traction to pass, according to senators and aides from both parties.
Vote on dismissal may not be divided strictly along party lines
If the Senate holds a vote to dismiss, it may not break down strictly along party lines as some Republicans have signaled they may be open to doing so – in particular, if there is time for debate prior to the vote.
Democrats facing pressure over dismissal or tabling
Democrats up for reelection in tough races will likely face pressure over their vote and whether they decide to dismiss or table the articles.
Vulnerable Democratic Senator intends to vote to dismiss
Vulnerable Democratic Sen. Bob Casey of Pennsylvania, who is up for reelection, told CNN’s Manu Raju that he will vote to dismiss, calling it a “partisan exercise.”
Democratic Sen. Jon Tester still undecided
Democratic Sen. Jon Tester of Montana, who is also up for reelection, did not say if he plans to support a motion to dismiss when asked by CNN on Tuesday prior to the articles being sent over to the Senate.
What to expect during the trial
Murray, a Democrat of Washington, will oversee the proceedings.
Mayorkas targeted by Republicans for border issues
Republicans targeted Mayorkas as soon as they took control of the House, blaming the high number of border crossings on the Homeland Security secretary as the party faced pressure from its base to go after the Biden administration on a key campaign issue.
Insufficient evidence for impeachment according to experts
Multiple constitutional experts, however, have said the evidence Republicans have put forward for impeachment does not reach the high bar of high crimes and misdemeanors set by the US Constitution.
Mayorkas and DHS reject impeachment efforts
Mayorkas has pushed back against criticism of his leadership, and DHS has called the impeachment effort against him a baseless political attack.
White House emphasizes Republican obstruction
The White House, for its part, has worked to flip the script, citing Republicans blocking a bipartisan border deal in the Senate as evidence that the party isn’t serious about border security.
Split-screen strategy deployed
White House and Homeland Security officials have been in frequent communication over the course of the impeachment inquiry into Mayorkas, gaming out strategy and response as they publicly cast the trial as a political stunt.
Major bipartisan border deal blocked
After months of negotiations, Senate Republicans blocked that major bipartisan border deal earlier this year that would have marked a tough change to immigration law and would have given the president far-reaching powers to restrict illegal migrant crossings at the southern border.
Major bipartisan border deal faced criticism
The deal faced a torrent of attacks from former President Donald Trump and top House Republicans.
CNN’s Manu Raju and Priscilla Alvarez contributed to this report
