Senate Majority Leader Charles E. Schumer said Tuesday that Democrats will move to derail an impeachment trial for Homeland Security Secretary Alejandro Mayorkas, saying the charges against him are bogus.
Mr. Schumer did not say exactly what method Democrats will use, but other senators said it could involve either tabling or moving to dismiss the case, which could be done through a majority vote.
Republicans decried the expected move that would be the first time in history the Senate shirked a duty to conduct a trial after the House impeached an official.
But Mr. Schumer said he considers the case against Mr. Mayorkas to be illegitimate, and he seemed confident of having the votes to succeed.
“We’re going to try and resolve this issue as quickly as possible,” Mr. Schumer, New York Democrat, told reporters. “Impeachment should never be used to settle policy disagreements.”
The Senate will receive the articles from House impeachment managers Wednesday at 5 p.m., and senators are to be sworn in as jurors on Thursday.
Usually that would commence a trial, and that’s what Republican leaders demanded.
“This is an absolute debacle at the southern border. It is a national security crisis,” said Senate Minority Whip John Thune of South Dakota, the second-ranking Republican. “There needs to be accountability, and the Senate needs to conduct a trial where senators have an opportunity to examine the evidence and record and come to a conclusion.”
Mr. Mayorkas is the first sitting Cabinet member to be impeached. The House approved two articles charging him with willfully subverting immigration enforcement laws and breaching the public trust by lying to Congress and the public about the border and his efforts to control it.
The articles passed on a 214-213 vote in February, but House Speaker Mike Johnson declined to send them over, saying he wanted Congress to finish up the fiscal year 2024 spending process.
Mr. Mayorkas has challenged the articles, saying he’s working to secure the border within the laws Congress has written.
The White House has remained firmly behind him, calling impeachment a “complete waste of time” and urging lawmakers to work instead on border legislation.
Most constitutional experts who have weighed in on the case against Mr. Mayorkas say it falls short of the “high crimes and misdemeanors” required to impeach, convict and remove someone from office.
But House Republicans said Supreme Court justices have left the door open for impeachment as an answer to an official who is refusing to carry out enacted laws — which is what they say Mr. Mayorkas has done.
Senate Republicans said the House should be given the space to make their case, and Mr. Mayorkas the space to mount a defense.
“Secretary Mayorkas was not impeached because he is unpopular or just because he’s incompetent. He was impeached for two serious offenses,” said Sen. John Cornyn, Texas Republican.
Utah Sen. Mitt Romney is the lone Republican who has suggested he will side with Democrats to kill the impeachment articles.
“Mayorkas has done a terrible job, but he’s following the direction of the president and has not met the constitutional test of a high criminal crime or misdemeanor,” Mr. Romney said.
Other GOP senators have also questioned whether Mr. Mayorkas’ conduct rises to an impeachable offense but want to hear the evidence presented in a trial.
Most swing-state Democrats up for reelection have indicated they will remain united and vote to crush the articles even in the face of potential political repercussions on the campaign trail, including Sens. Bob Casey of Pennsylvania and Sherrod Brown of Ohio.
A promising sign for Senate Democrats, their most moderate member and frequent dissenter — West Virginia Sen. Joe Manchin III, who is not seeking reelection — said the articles were “crazy and stupid” and will vote them down.
But Montana Sen. Jon Tester refused to commit despite his skepticism of the charges.
“I really do want to look at the impeachment documents,” Mr. Tester said. “When this came up [in the House], we were in the middle of a border security bill that I think he should have passed.”
• Stephen Dinan can be reached at sdinan@washingtontimes.com.
• Ramsey Touchberry can be reached at rtouchberry@washingtontimes.com.
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