In recent years, we have seen frequent impeachment trials held on Capitol Hill. The Senate held two impeachment trials of former President Trump, in early 2020 and early 2021.
But no living American has witnessed the impeachment trial that is about to begin in the U.S. Senate.
If you blink, you might miss it.
The House of Representatives impeached Homeland Security Secretary Alejandro Mayorkas in February. The House has accused Mayorkas of not following the law and lying to Congress regarding border security. Mayorkas is the second Cabinet member to be impeached. The first was Secretary of War William Belknap in 1876. Senate Majority Leader Chuck Schumer of New York has not yet said what he will do with the article, but Schumer is expected to move toward rejecting or filing it. . The Senate must vote on that. If all 51 senators allied with the Democratic Party vote to punt, the trial can be ended quickly.
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But don’t expect Republicans to retreat quietly.
House Speaker Mike Johnson (R-Louisiana) said the Senate has an obligation to conduct a full trial and sentence Mayorkas. Sen. Mike Lee (R-Utah) and other Republicans may try to extend the trial. They argue that senators have a constitutional obligation to listen to arguments for and against impeachment. So we hope they set an order to consider the provision, perhaps forcing the Senate to vote. But Senate Democrats could euthanize each of these points of order if they banded together and introduced each of the Republican motions.
Still, the trial may not last long. But here’s the bare minimum that must unfold on the Senate floor in the coming days.
July 26, 2023: DHS Secretary Alejandro Mayorkas testifies before the House Judiciary Committee. (Fox News)
The following is expected:
The House voted alone to impeach Mayorkas in February. The House failed in its first effort at impeachment, as Rep. Al Green, D-Texas, unexpectedly materialized (straight from the hospital) and blocked the Republican plan. After the second vote on impeachment, the House appointed 11 impeachment “chiefs.” They act as de facto “prosecutors,” bringing House cases to the Senate. House Homeland Security Committee Chairman Mark Greene (R-Tenn.) will serve as the lead impeachment manager. When the trial begins, all 100 senators will be seated as “jurors.” Mr. Mayorkas was not in court, and he is not required to attend.
On Wednesday, House Sergeant-at-Arms Bill McFarland and Acting House Clerk Kevin McCumber will personally escort the managers and articles of impeachment from the House of Representatives across the Capitol Rotunda to the Senate wing of the Capitol. The Senate will then “receive” the articles of impeachment. Senate Sergeant-at-Arms Karen Gibson will meet his House aides in the Senate Building of the Capitol and escort everyone to the Senate chamber.
All 100 senators will be waiting for their representatives from the House of Representatives. Sen. Patty Murray (D-Wash.) is the Senate president pro tempore and the most senior member of the majority party. Her impeachment trial will be presided over by her rather than Chief Justice John Roberts. The chief justice typically presides only over impeachment trials involving the president or vice president. Roberts presided over former President Trump’s first trial in 2020. Vermont Democrat Patrick Leahy presided over his second impeachment trial in 2021. At the time, Mr. Leahy was president pro tempore of the Senate.
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The articles of impeachment will then be read in the Senate.
It’s possible Lee and his allies will try to file a motion then. But Murray could control him chaotically. The Senate has not yet even sworn in a senator to try the case. Additionally, once the Senate ceases to work towards receiving provisions, the Senate could become either the Legislative Council (developing bills) or the Executive Council (developing nominations). Therefore, the senator’s motion for trial does not apply at this time.
According to the Senate’s impeachment rules, the actual proceedings will begin at 1:00 p.m. ET the next day. That’s when the Senate swears in senators. Gibson would announce that everyone should remain silent “on the pain of imprisonment.” At that point, we are technically “on trial.” Therefore, the movements are performed in sequence. In the past, the Senate could consider a resolution establishing parameters for how the trial would be handled. Mr. Schumer will likely move immediately to dismiss or hide the article. Alternatively, Lee and his allies could make a motion.
US senators will vote on former President Donald Trump’s second impeachment trial. (Related news organizations)
But here’s the problem for Republicans.
Mr. Schumer is the Senate Majority Leader. As majority leader, Schumer will first be recognized by Speaker Murray. Mr. Schumer could pre-emptively file a motion to pass or dismiss, potentially blocking anything Republicans want to do. The Senate will then vote on whether to adjourn the proceedings on the spot. Republicans may never be elected.
It is important to note that senators do not “debate” during an impeachment trial. However, it is possible to agree to discuss in a closed session rather than in public.
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But a vote to reject the article, or the one fabricated by Republicans, has political implications for Democrats, who face a reelection race this fall. Sen. Sherrod Brown (D-Ohio), Sen. Jon Tester (D-Mont.), Sen. Bob Casey (D-Mich.), Sen. Tammy Baldwin (Wisconsin), and Sen. Jacky Rosen (Nevada). (State Democratic Party) Republicans are likely to use a roll call vote against Democrats as a weapon to end the impeachment trial. Republicans will try to give the impression that these vulnerable Democrats are not taking the border issue or the accusations against Mayorkas seriously.
Department of Homeland Security Secretary Alejandro Mayorkas testifies before the House Homeland Security Committee on April 19, 2023, at the Capitol in Washington, DC. (Reuters/Sarah Silbiger)
in short, The trial is likely to be short-livedt. This is not former President Trump’s impeachment trial. The Senate debated the original bill over 19 days. The second time took 5 days.
In fact, the model for immediate removal is impeachment, which you’ve probably never heard of. Former federal judge Samuel Kent in 2009.
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The House impeached Kent in June 2009, but he resigned before the Senate trial began. The House of Representatives subsequently adopted a resolution halting the “prosecution” of Mr. Kent. The Senate then voted to repeal the provision before holding a trial.
So Kent’s situation is not quite the same as Mayorkas’. But Kent’s early removal scenario is closer to what could unfold in the coming days than former President Trump’s more aggressive trial.
