The Democratic-controlled Senate quickly concluded the impeachment trial of Homeland Security Secretary Alejandro Mayorkas in just a few hours Wednesday, quickly rejecting accusations made by the Republican-led House over his handling of border policy.
Senate Majority Leader Chuck Schumer (D., N.Y.), who orchestrated the trial’s rapid end over Republican objections, said that the charges against Mayorkas did not meet the high standards required for impeachment.
Democrats, who hold a slim 51-49 majority in the Senate and have remained united throughout the proceedings, said they “must set a precedent that impeachment should never be used to resolve political disagreements.” Schumer said at a news conference after the trial ended. “We are supposed to debate the issues, not impeach because of the issues,” he added.
The senators were sworn in as jurors Wednesday afternoon and signed an oath book at the start of proceedings. Schumer called for a vote on the declaration that the first of two articles of impeachment — which alleged Mayorkas willfully refused to comply with federal immigration laws — was unconstitutional because it did not constitute an impeachable crime. That vote was successful, passing 51-48 with Republican Sen. Lisa Murkowski of Alaska voting present, effectively rejecting the article.
The second article alleged a breakdown in public trust, saying Mayorkas made false statements about the state of the border. This article was rejected by a vote of 51-49 for the same reasons as the first. The Senate then voted 51-49 to end the trial, effectively ending proceedings without any direct vote on whether to acquit or convict Mayorkas.
Senate Republicans fumed after the trial ended, arguing that the Senate had a duty to review the evidence and reach a conclusion on whether to impeach Mayorkas.
“We have set an unfortunate precedent here. That means the Senate can ignore, in effect, the House’s impeachment,” Senate Minority Leader Mitch McConnell (R., Ky.) said. “No evidence, no procedure, this is not a glorious day in the history of the Senate,” he added.
Mayorkas has called the accusations false and defended his record, and critics of the effort say the charges against Mayorkas amount to policy disagreements or performance failures but do not constitute impeachable crimes for which he should be removed from office. The Senate’s action “definitively proves that there was no evidence or constitutional basis for the impeachment” of Mayorkas, a DHS spokeswoman said.
House Republicans voted earlier this year to impeach Mayorkas, the first removal of a sitting cabinet member in the nation’s history, as the number of illegal crossings at the southern border reached a record high. Republicans used the case to highlight President Biden’s record heading into an election where border security is expected to be a top issue for voters.
Impeachment passed the House by a narrow vote of 214-213 in February, after an initial effort failed due to the absence of Republicans. The House did not send the matter to the Senate until Tuesday, when lawmakers who handled the proceedings marched across the Capitol and read them aloud on the Senate floor.
Senate Republicans did not have the votes to convict Mayorkas, which required the support of two-thirds of the senators present. But they criticized Schumer for not committing to a full trial, including the presentation of evidence. More than 40 Senate Republicans signed a letter last week saying rejecting impeachment would be unprecedented.
Democrats said it was Republicans who were taking the unprecedented step of presenting a flimsy case.
“This maneuver is nothing more than bad theater and a waste of time,” said Sen. John Fetterman (D., Pa.). “It’s charades like this that make people hate Washington. »
Senators conducted two impeachment trials of former President Donald Trump, following impeachments by the then Democratic-controlled House. Chief Justice John Roberts presided over the early Trump proceedings when he was still president. A trial against a federal official is proceeding under different rules, with Senate President Pro Tempore Patty Murray (D., Wash.) presiding over Wednesday’s proceedings.
