Senate Ducks Its Constitutional Duty, Rejects Articles of Impeachment against Mayorkas

Wednesday afternoon, Senate Democrats bypassed two centuries of precedent to dismiss the articles of impeachment against Homeland Security (DHS) Secretary Mayorkas. Senate Republicans attempted to delay the inevitable take down– offering several motions to push for a full trial – but to no avail. Senate Democrats invoked multiple points of order to declare the articles of impeachment, duly approved by the House, were unconstitutional. And with that, they ended the months-long effort to remove Secretary Mayorkas with a party-line vote of 51-49.

The political wrangling began as soon as the Senators were sworn in as jurors. Majority Leader Schumer introduced a point of order calling for the dismissal of the first article of impeachment, arguing that it did not meet the standard for high crimes and misdemeanors. Article I details seven specific provisions of the Immigration and Nationality Act that Mayorkas has violated, leading to the worst border crisis in history. Senator Cruz assailed the move, asserting that Senator Schumer was “asking members of this Senate to vote on political expediency to avoid listening to arguments.” “The only rational way to resolve this question,” he argued, “is actually to debate it, to consider the Constitution and consider the law.” Despite these objections, Schumer’s point of order was ultimately approved along party lines 51-48, with Senator Lisa Murkowski (R-Alaska) voting present.