Mayorkas avoids Senate impeachment trial
Last Wednesday, the Senate dismissed all impeachment charges against Alejandro Mayorkas, the homeland security secretary. The dismissal occurred after the House impeached Mayorkas, making him the first cabinet member to be impeached.
The homeland security secretary stands accused of neglecting to enforce immigration laws and making false statements to Congress. Members of the House argued that Mayorkas needs to be held responsible for the record-high number of border crossings.
The Senate settled the matter with two votes, one for each charge. The series of votes determined if the charge was constitutional and would result in a Senate trial. If the Senate decided the charges were unconstitutional, then the case against Mayorkas would be dismissed.
Senators voted 51-48 and 51-49 that the charges against Mayorkas were unconstitutional, failing to meet the criteria established by the impeachment clause in Article II, Section 4 of the Constitution. The Constitution states, “The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of treason, bribery or other high crimes and misdemeanors.”
The Senate ruled that the charges against Mayorkas could not be considered “high crimes or misdemeanors,” and Senate Majority Leader Chuck Schumer motioned to dismiss the case. Schumer claimed that Mayorkas followed the policies set forth by the Biden administration, an action not worthy of impeachment.
“To validate this gross abuse by the House would be a grave mistake and could set a dangerous precedent for the future,” Schumer said.
Meanwhile, some senators argued that the Senate’s decision to halt the impeachment process is unprecedented. Typically, the Senate holds a floor trial or sends the case to a special committee rather than dismissing the charges outright.
“Tabling articles of impeachment would be unprecedented in the history of the Senate — it’s as simple as that,” Senate Minority Leader Mitch McConnell said.
