WASHINGTON ― The Senate voted Wednesday to dismiss all impeachment charges against Homeland Security Secretary Alejandro Mayorkas, declaring them unconstitutional.
There were two articles of impeachment against Mayorkas. Democrats voted to dismiss the first one in a 51-48 vote, with Sen. Lisa Murkowski (R-Alaska) voting “present.” They successfully dismissed the second one as well, despite Murkowski joining her party in voting to proceed with this one.
Democrats moved to table the charges outright because Mayorkas’ actions as homeland security chief don’t rise to the constitutional standard of high crimes and misdemeanors, a view that even some Republicans share.
In remarks on the Senate floor ahead of the votes, Majority Leader Chuck Schumer (D-N.Y.) called the effort to oust Mayorkas “the least legitimate, least substantive and most politicized impeachment trial in the history of the United States.”
“The hard right wants to exploit the supremely serious matter of impeachment for the sake of cable news hits and content for social media,” Schumer said. “This is an illegitimate and profane abuse of the U.S. Constitution.”
Prior to the start of the trial, Senate leaders were trying to negotiate an agreement that would allow senators time to debate the case against Mayorkas along with a series of votes on Republican points of order before ultimately voting to dismiss the case.
Several Republican senators, including Mitt Romney of Utah, said that debating the matter would protect the process of impeachment for the future even though they didn’t believe that Mayorkas deserved to be ousted from his job.
But conservative Republicans who have been loudly advocating for Mayorkas’ impeachment objected to that trial structure. They agree with the charges by the GOP-controlled House of Representatives that Mayorkas displayed a “willful and systemic refusal to comply with the law” and a “breach of public trust” over his handling of the influx of migrants at the U.S.-Mexico border.
Sen. Ron Johnson (R-Wis.) called the proposed offer “a pittance.”
Shortly after the votes were done, the White House signaled that it is so, so ready to move on.
“Once and for all, the Senate has rightly voted down this baseless impeachment that even conservative legal scholars said was unconstitutional,” said White House spokesperson Ian Sams.
“President [Joe] Biden and Secretary Mayorkas will continue doing their jobs to keep America safe and pursue actual solutions at the border, and Congressional Republicans should join them, instead of wasting time on baseless political stunts while killing real bipartisan border security reforms.”
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