User’s Manual to what’s next now that the House impeached Mayorkas

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The House has now impeached Homeland Security Secretary Alejandro Mayorkas.

Think of impeachment as an indictment. It’s up to the Senate to act as a “court” and decide whether or not the accused is responsible of the fees in a trial.

The impeachment of cupboard officers is uncommon. The House has now impeached a number of Presidents and federal judges. But just one cupboard secretary prior to Mayorkas. That was Secretary of War William Belknap in 1876. 

Don’t anticipate something to begin till late February or early March. The House will ship the articles of impeachment plus the House “managers” over to the Senate to formally start the trial.

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“Impeachment managers” are House members who function prosecutors. They current the findings of the House earlier than the Senate. Senators sit as jurors.

There is a little bit of a ceremony to ship the articles of impeachment to the Senate from the House and for the Senate to obtain the articles. In this case, Acting Clerk of the House Kevin McCumber and House Sergeant at Arms William McFarland escort the articles of impeachment and House managers throughout the Capitol Rotunda to the Senate. The Senate gathers, normally with all senators sitting at their desks. Senate Sergeant at Arms Karen Gibson then receives the House entourage at the Senate door and reads the following proclamation to the Senate.

Alejandro Mayorkas

“All persons are commanded to keep silence, on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against Alejandro Nicholas Mayorkas.”

The articles are then offered to the Senate and the managers are launched. That is all they normally do on the first day of a Senate trial– though FOX was informed the Senate may attempt to squeeze every thing into in the future.

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Under Senate impeachment trial rule III, the physique is meant to wait till the next day to swear-in senators as jurors. But FOX is informed that might occur on day one on this occasion.

According to Senate guidelines, the trial should start the day after the Senate receives the articles at 1 pm in the afternoon. Trials are supposed to run Monday by way of Saturday. We had Saturday classes in each impeachment trials of former President Trump in 2020 and 2021.

Conway, SC – February 10 : Republican presidential candidate and former President Donald Trump walks out to communicate at a speaks at a Get Out The Vote marketing campaign rally held at Coastal Carolina University in Conway, SC on Saturday, Feb 10, 2024. (Photo by Jabin Botsford/The Washington Post by way of Getty Images)

It is unlikely that U.S. Chief Justice John Roberts presides over a potential Mayorkas trial. Senate impeachment rule IV requires the Chief Justice to preside over circumstances involving the President or Vice President. In this case, it’s doubtless that Senate President Pro Tempore Patty Murray (D-Wash.) presides over a Mayorkas tribunal.

Now we get to maybe the most fascinating query of all. How a lot of a trial is there? 

The Senate can not instantly bypass a trial. Senate Majority Leader Chuck Schumer (D-N.Y.) has introduced that Mayorkas’ trial will start later in February. The House has named its 11 impeachment managers. Senators will likely be sworn in as the jury.

Senators can resolve to maintain a full trial, or probably, transfer to dismiss or even have straight, up or down votes on convicting or exonerating Mayorkas. The Senate might additionally ship the articles to a committee for overview.

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In the 1998 impeachment trial of former President Clinton, late Sen. Robert Byrd (D-W.Va.) made a movement to dismiss the fees.

President Bill Clinton speaks after impeachment

WASHINGTON — DECEMBER 19: President Bill Clinton reacts to being impeached by the House of Representatives outdoors of the oval workplace in the White House Rose Garden, Washington, DC, December 19, 1998. (L-R), Chief of Staff John Podesta, House Minority Leader Richard Gephardt, Clinton, Vice President Al Gore, First Lady Hillary Rodham Clinton.  (David Hume Kennerly/Getty Images)

There will ultimately be both a vote to convict/exonerate Mayorkas or dismiss the fees. Senate Republicans will watch very carefully if Senate Democrats engineer any vote to short-circuit the trial. The GOP will be aware of how a number of susceptible Democrats dealing with aggressive re-election bids in battleground districts vote.

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If they vote to finish the trial or clear Mayorkas, Republicans will doubtless enroll that into their campaigns in opposition to these Democratic senators. Keep in thoughts that FOX polling information revealed that border safety was the primary subject dealing with voters in Iowa and New Hampshire. Republicans will study the trial-related votes of Sens. Sherrod Brown (D-Ohio), Jon Tester (D-Mont.), Bob Casey (D-Pa.), Tammy Baldwin (D-Wis.), Jacky Rosen (D-Nev.) and Kyrsten Sinema (I-Ariz.) – if she runs. 

But the Senate should at the least entertain the articles for a day or two – after which render some form of judgment.

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