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Senate Quickly Dismisses Articles Of Impeachment Against Alejandro Mayorkas Without Trial

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As soon as the House of Representatives delivered articles of impeachment against DHS Secretary Alejandro Mayorkas, Senate Democrats dismissed them without a trial.

The Senate rejected the first article in a 51-48 vote along party lines, declaring it “unconstitutional.”

Sen. Lisa Murkowski (R-AK) voted present.

The Senate also rejected the second article along party lines.

From the Associated Press:

The Senate dismissed all impeachment charges against Homeland Security Secretary Alejandro Mayorkas on Wednesday, ending the House Republican push to remove the Cabinet secretary from office over his handling of the U.S.-Mexico border and shutting down his trial before arguments even began.

Senators voted to dismiss both articles of impeachment and end the proceedings, with Democrats arguing that the articles were unconstitutional. The first article charged Mayorkas with “willful and systemic refusal to comply” with immigration law and second article charged him with a “breach of trust” for saying the border was secure. The votes were 51-48 and 51-49, both along party lines.

Senate Majority Leader Chuck Schumer said the House Republicans’ charges 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.

Senate Republicans had argued for a full impeachment trial after the House narrowly voted in February to impeach Mayorkas for his handling of the border, stating in the two articles that he “willfully and systematically” refused to enforce immigration laws.

“Americans realize the Senate just failed to do its job. Simply dismissing the impeachment charges against DHS Secretary Mayorkas is unacceptable,” Rep. James Comer (R-KY) commented.

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“Yesterday, all 51 Senate Democrats blocked the impeachment trial of Secretary Mayorkas, endorsing the humanitarian CRISIS at our southern border. Secretary Mayorkas INTENTIONALLY failed to do his duty to protect Americans. Democrats should be ashamed,” Sen. Tommy Tuberville (R-AL) said.

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POLITICO reports:

The result was widely expected, but concludes months of House Republican efforts to target the Homeland Security secretary over the Biden administration’s border policies. In the Senate, floor time dedicated to the trial only totaled a few hours altogether; House impeachment managers delivered the articles on Tuesday afternoon.

Both parties believed the Mayorkas impeachment set a new precedent. Majority Leader Chuck Schumer said he was determined to end any House practice to bog down the Senate with “frivolous” impeachment trials. But even centrist Republicans, who some Democrats believed might side with them to dismiss the trial, openly worried that Schumer had created a new norm for impeachments that are politically unfavorable for the majority.

“I think this was an embarrassment for the Senate today, and not in keeping with our constitutional role, regardless of how one may feel about the challenges and regardless of how one would choose to vote after listening to the evidence,” said Sen. Susan Collins (R-Maine).

Democrats argued the dismissal shouldn’t become standard practice, but was an issue of legitimacy. By deeming the articles unconstitutional, in their view, the foundation for a trial was lost. Asked if that would hamper future impeachment trials, Sen. Sheldon Whitehouse (D-R.I.) simply replied: “It shouldn’t hamper future credible impeachments.”

Votes on both articles mostly adhered to party lines, aside from Sen. Lisa Murkowski (R-Alaska) voting present on the first article, which alleged Mayorkas had engaged in “willful and systemic refusal to comply with the law.” Senate Democrats had repeatedly cast the impeachment against Mayorkas as a sham, forecasting their ultimate decision to dispose of the trial on Wednesday.

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