After the February vote to impeach Homeland Security Secretary Alejandro Mayorkas, the impeachment proceedings are set to move forward. On Wednesday, the articles of impeachment are expected to be transmitted to the Senate.
It is evident that this impeachment process will differ from the previous ones we have witnessed in the past few years. Senators and leadership aides have made it clear that a comprehensive trial on the Senate floor is unlikely to take place, despite the desires of many House Republicans.
On February 13, the House impeached Mayorkas with a narrow vote of 214-213. Republicans accused him of neglecting his duty to enforce border laws in the face of a supposed “crisis” of increased illegal immigration. Mayorkas dismissed these allegations as “baseless.”
The impeachment efforts have faced criticism from the Department of Homeland Security (DHS).
“DHS spokesperson Mia Ehrenberg has strongly refuted the baseless accusations made by House Republicans against a highly respected public servant. Despite lacking any evidence or valid Constitutional justification, these unfounded claims have been made in an attempt to tarnish the reputation of an individual who has dedicated over two decades to upholding the law and serving the nation. Secretary Mayorkas, along with the Department of Homeland Security, remains committed to ensuring the safety and security of all Americans, and will steadfastly continue their efforts in this regard.”
Despite the slim possibility of a Senate trial, the exact course of the impeachment proceedings remains somewhat uncertain. The Senate has the choice to either dismiss the trial altogether or mandate a committee to conduct the hearing instead.
This week is expected to unfold in the following manner:
Wednesday’s ‘engrossment ceremony’
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The exact timing of Wednesday’s impeachment proceedings remains uncertain.
An “engrossment ceremony” is set to take place in the Rayburn Room, where Speaker Mike Johnson will sign the articles. As is customary, the speaker will deliver a brief on-camera speech following the signing.
Afterwards, the House clerk and the House sergeant-at-arms will lead the impeachment managers as they walk the articles across the Capitol building. The procession will begin at the doors of the House chamber, pass through the rotunda, and ultimately reach the doors of the Senate.
The House impeachment managers consist of a group of distinguished individuals who are leading the charge. This impressive team includes Homeland Security Committee Chairman Mark Green, Foreign Affairs Committee Chairman Michael McCaul, and Representatives Andy Biggs, Ben Cline, Andrew Garbarino, Michael Guest, Harriet Hageman, Clay Higgins, Laurel Lee, August Pfluger, and Marjorie Taylor Greene. Together, they bring a wealth of experience and expertise to the table.
Once the Sergeant at Arms makes the announcement, the impeachment managers will be escorted to the well of the Senate.
After the articles are read, the person reading them will say, “The managers are requesting that the Senate proceed with the trial. The managers now ask for permission to withdraw.”
Senate President Pro Tempore Patty Murray, D-Wash., is set to make an announcement regarding the Senate’s intention to inform the House when it is prepared to move forward with the trial.
Murray will oversee the Senate trial, as Chief Justice John Roberts is not obligated to preside over this non-sitting president impeachment.
After that, the managers will proceed with a procedural walk back to the House.
Senators sworn in as jurors
Senate Majority Leader Chuck Schumer announced that senators will be sworn in as jurors on Thursday.
According to a statement from Schumer’s office, the Senators will be sworn in as jurors in the trial the day after the House impeachment managers present the articles of impeachment to the Senate.
Japanese Prime Minister Fumio Kishida is anticipated to deliver a speech to a joint session of Congress on Thursday, indicating that impeachment-related proceedings might commence in the later part of Thursday afternoon.
When the Senate reconvenes, all senators are collectively administered the oath. They stand together, raising their right hands in unison.
Murray will read the oath aloud: “Do you swear that you will impartially administer justice, according to the constitutions and laws, in the trial of Alejandro Mayorkas, Secretary of the Department of Homeland Security, which is currently underway? Do you solemnly swear to fulfill this duty, with the help of God?”
Senators make their way to the dais in groups of four, where they proceed to sign the oath book.
The Sergeant at Arms will announce: “Attention, everyone! Please be aware that silence is required during the presentation of the article of impeachment against Alejandro Mayorkas, Secretary of the Department of Homeland Security, to the Senate of the United States. Failure to comply may result in imprisonment.”
The Senate proceeds to vote on the organizational rules of the impeachment, a process that has the potential to deviate from the usual course of action.
This impeachment is expected to be different from previous ones, as it will not consume weeks of floor time. However, the leadership has been keeping their plans under wraps.
Possibilities of how proceedings could play out
It is possible that the Senate could expedite the trial process. In this situation, Senate Democrats have the option to motion for the dismissal of the impeachment, which would require a minimum of 51 votes.
If the vote surpasses 50, the impeachment will be put aside, bringing an end to the proceedings. With Democrats holding 51 seats in the Senate, they have the ability to dismiss the trial without the need for any support from the GOP, should they decide to stick together.
House Republicans are unlikely to view the option of senators having the authority to vote to dismiss the trial favorably.
On March 28, Johnson and the impeachment managers sent a letter to Schumer, urging him to fulfill his constitutional duty by conducting the trial.
“We cannot table articles of impeachment without ever hearing a single argument or reviewing a piece of evidence. It would go against our constitutional order and would be disrespectful to the American people whom we all serve,” they emphasized.
There is another option available: the Senate has the opportunity to vote and send the trial to be heard by a committee.
When a person other than the president of the United States faces impeachment, the Senate has the option to establish a special committee of senators to oversee the trial instead of involving the entire Senate.
The “trial committee,” as it is commonly known, is typically convened through an organizing resolution.
In most impeachments, the Senate has the authority to establish its own rules for a trial. Consequently, a crucial aspect of the process involves a debate surrounding the “organizing resolution,” a proposed set of rules that would govern the trial and require Senate approval. If the Senate were to consider referring this impeachment to a committee, instructions to that effect would likely be included in this organizing resolution.
The resolution will be introduced, discussed, and put to a vote. If it receives approval, the articles will be referred to the committee and removed from the Senate floor. The committee will be composed of members appointed by leadership, typically consisting of 6 Democrats and 6 Republicans.
The committee would listen to the cases presented by the impeachment managers, who would then proceed to present their arguments. During this time, lawyers representing Mayorkas would also have the opportunity to present their counter-arguments.
The committee will make the footage of their hearings accessible to the public as well as to the senators. Once the trial concludes, they will present a comprehensive report and recommendation to the entire Senate. Subsequently, the Senate will conduct a vote to determine whether or not to convict.
The Senate could potentially opt for a regular trial as a final course of action.
According to sources, ABC News has indicated that the upcoming impeachment trial will differ from those we have witnessed during the proceedings involving former President Donald Trump.
While it is highly unlikely that we would witness a trial lasting weeks on the Senate floor, there is still a technical possibility for such an event to occur.
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