The United States Senate is about to conduct an impeachment trial of Homeland Security Secretary Alejandro Mayorkas, making him only the second cabinet secretary ever impeached. The House accuses Mayorkas of not following the law when it comes to securing the border and lying to Congress. Senate Majority Leader Chuck Schumer is expected to move to dismiss or table the articles, but Republicans may try to elongate the trial by making points of order to force the Senate to consider the articles. However, Senate Democrats can euthanize each of those points of order if they stick together and table each of the GOP motions.
When the trial begins, all 100 senators will sit as “jurors.” The House appointed 11 impeachment “managers” who will serve as the de facto “prosecutors,” presenting the House’s case to the Senate. Senate Sergeant at Arms Karen Gibson will escort the House entourage to the Senate wing of the Capitol where the Senate will “receive” the articles of impeachment. Sen. Patty Murray, the President Pro Tempore of the Senate, will preside over the impeachment trial, not Chief Justice of the United States John Roberts.
Under Senate impeachment rules, the trial officially begins the next day at 1 pm ET when the senators are sworn in. Schumer, as Senate Majority Leader, is recognized first by the presiding officer and could potentially move to dismiss or table the articles, short-circuiting any motions made by Republicans. Senators do not debate during an impeachment trial, but they could agree to debate in closed session. A vote to dismiss the articles carries political consequences for Democrats facing competitive re-election bids this fall. Republicans may try to weaponize any roll call vote to portray vulnerable Democrats as not taking the charges against Mayorkas seriously.
The trial is likely to be short, unlike the impeachment trials of former President Trump which were spread out over several days. The model for a quick dismissal is the impeachment of former federal judge Samuel Kent in 2009. Kent stepped down before the Senate trial began, prompting the House and Senate to quickly dispense with the articles. Mayorkas’s circumstances are not exactly the same as Kent’s, but a quick dismissal is more likely in this case compared to the lengthier trials of former President Trump. Ultimately, whether the trial will last long or be dismissed quickly will depend on the actions of Senate Democrats and Republicans in the coming days.
