The Hitchhiker’s Guide to Mayorkas’s impeachment trial

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We’ve seen impeachment trials rather a lot on Capitol Hill lately. The Senate carried out two impeachment trials of former President Trump in early 2020 and early 2021.

But no dwelling American has ever witnessed the impeachment trial which is about to start within the United States Senate.

Blink and also you may miss it.

The House impeached Homeland Security Secretary Alejandro Mayorkas in February. The House accuses Mayorkas of not following the legislation when it comes to securing the border and mendacity to Congress. Mayorkas grew to become solely the second cupboard secretary ever impeached. The first was Secretary of War William Belknap in 1876. Senate Majority Leader Chuck Schumer, D-N.Y., hasn’t tipped his hand but on how he’ll deal with the articles, however Schumer is predicted to transfer to dismiss or desk the articles. The Senate should vote to try this. If all 51 senators who caucus with the Democrats vote to punt, they will extinguish the trial shortly.

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But don’t count on Republicans to go quietly.

House Speaker Mike Johnson, R-La., says the Senate is obligated to conduct a full trial of Mayorkas and render judgment. Sen. Mike Lee, R-Utah, and different Republicans could strive to elongate the trial. They argue that senators have a constitutional obligation to hear to arguments for and towards impeachment. So count on them to make factors of order – probably forcing the Senate to vote – to take into account the articles. However, Senate Democrats can euthanize every of these factors of order – in the event that they stick collectively and desk every of the GOP motions.

Still, the trial won’t final lengthy. But right here’s the minimal which should unfold on the Senate flooring over the approaching days.

Homeland Security Secretary Alejandro Mayorkas

July 26, 2023: DHS Secretary Alejandro Mayorkas testifies to the House Judiciary Committee. (Fox News)

Expect the next:

The House voted to impeach Mayorkas by a solitary vote in February. The House failed in its first effort to impeach after Rep. Al Green, D-Tex., materialized unexpectedly (instantly from the hospital) and foiled the GOP’s plans. After a second vote to impeach, the House then appointed 11 impeachment “managers.” They function de facto “prosecutors,” presenting the House’s case to the Senate. House Homeland Security Committee Chairman Mark Green, R-Tenn., serves because the lead impeachment supervisor. All 100 senators will sit as “jurors” when the trial begins. Mayorkas doesn’t seem on the trial neither is he required to attend.

On Wednesday, House Sergeant at Arms Bill McFarland and Acting Clerk of the House Kevin McCumber will escort the managers and the articles of impeachment themselves from the House, throughout the Capitol Rotunda, to the Senate wing of the Capitol. That’s the place the Senate will “receive” the articles of impeachment. Senate Sergeant at Arms Karen Gibson will greet the House entourage within the Senate wing of the Capitol and escort everybody to the Senate chamber.

All 100 senators will await the coterie from the House. Sen. Patty Murray, D-Wash., is the President Pro Tempore of the Senate – probably the most senior member of the bulk get together. She will preside over the impeachment trial – not Chief Justice of the United States John Roberts. The Chief Justice usually solely presides over impeachment trials involving the President or Vice President. Roberts was in cost for former President Trump’s first trial in 2020. But then-Sen. Patrick Leahy, D-Vt., presided over the second impeachment trial in 2021. Leahy was the Senate’s President Pro Tempore again then.

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The impeachment articles are then learn to the Senate.

It’s doable Lee and firm might strive to provide their motions then. But Murray might rule him out of order. The Senate hasn’t even sworn-in senators but to adjudicate the trial. Moreover, the Senate might discover itself both in legislative session (engaged on a invoice) or government session (engaged on a nomination) when the Senate stops its motion to obtain the articles. Therefore, motions by senators pertaining to the trial aren’t relevant at that second.

Under Senate impeachment guidelines, issues actually get began the following day at 1 pm ET. That’s when the Senate swears within the senators. Gibson will announce that everybody ought to stay quiet “on pain of imprisonment.” At that time, we’re technically “in trial.” Thus, motions are so as. In the previous, the Senate might take into account a decision to set up parameters for the way to deal with the trial. Schumer might probably transfer instantly to dismiss or desk the articles. Or Lee and firm might make their motions as properly.

US Senators vote in the second impeachment trial of former President Donald Trump.

US Senators vote within the second impeachment trial of former President Donald Trump.  (Associated Press)

But right here’s the issue for Republicans:

Schumer is the Senate Majority Leader. As Majority Leader, Schumer is acknowledged first by Murray, the presiding officer. Schumer might doubtlessly short-circuit something Republicans need to do by leaping forward and making a movement to desk or dismiss. The Senate would then vote on whether or not to halt proceedings proper there. Republicans could by no means get a shot.

It is necessary to word that senators don’t “debate” throughout an impeachment trial. However, they may agree to debate in closed session – not out within the open.

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However, a vote to dismiss the articles – or on something Republicans prepare dinner up – carries political penalties for Democrats going through aggressive re-election bids this fall. Think Sens. Sherrod Brown, D-Ohio, Jon Tester, D-Mont., Bob Casey, D-Mich., Tammy Baldwin, D-Wisc., and Jacky Rosen, D-Nev. Republicans will seemingly weaponize any roll name vote Democrats to truncate the impeachment trial. Republicans will strive to painting these susceptible Democrats as not taking the border or the costs leveled at Mayorkas critically.

Homeland Security Secretary Alejandro Mayorkas testifies before House Homeland Security Committee on Capitol Hill

Department of Homeland Security Secretary Alejandro Mayorkas testifies earlier than a House Homeland Security Committee on Capitol Hill in Washington, D.C., April 19, 2023.  (REUTERS/Sarah Silbiger)

In brief, the trial is probably going to be short. Not the impeachment trials of former President Trump. The Senate unfold out the primary one over a interval of 19 days. The second one consumed 5 days.

In truth, the mannequin for a fast dismissal is an impeachment you in all probability haven’t heard of: Former federal decide Samuel Kent in 2009.

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The House impeached Kent in June 2009. But Kent stepped down earlier than the Senate trial started. The House then adopted a decision to halt its “prosecution” of Kent. The Senate then voted to dispense with the articles earlier than conducting a trial.

So Kent’s circumstances are usually not precisely what is going to go down with Mayorkas. But Kent’s situation of a fast dismissal is nearer to what might unfold within the subsequent few days in contrast to the extra sturdy trials of former President Trump.

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