After the February vote to impeach Homeland Security Secretary Alejandro Mayorkas, the impeachment proceedings will move forward on Wednesday. On this day, the articles of impeachment are anticipated to be sent to the Senate.
It is evident that this impeachment process will differ from the ones we have witnessed in recent years. Senators and leadership aides believe that a comprehensive trial on the Senate floor is unlikely, regardless of the desires of House Republicans.
On February 13, the House impeached Mayorkas with a narrow margin of 214-213. Republicans accused him of neglecting his duty to enforce border laws in the face of a supposed “crisis” of high illegal immigration. However, the secretary firmly denied these allegations, dismissing them as unfounded.
The impeachment efforts have been criticized by the Department of Homeland Security.
“DHS spokesperson Mia Ehrenberg strongly refutes the baseless claims made by House Republicans against Secretary Mayorkas. Despite lacking any evidence or valid Constitutional justifications, these false accusations have been leveled against a committed public servant who has dedicated over two decades to upholding the law and serving our nation. Secretary Mayorkas and the Department of Homeland Security remain steadfast in their commitment to ensuring the safety and security of all Americans, and will persist in their daily efforts towards this important goal.”
The process of the impeachment proceedings in the Senate remains somewhat uncertain, despite the slim possibility of a trial. The Senate can choose to either dismiss the trial entirely or mandate a committee to hear it 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. Usually, the speaker delivers a brief, on-camera speech following the signing.
After that, the articles will be carried across the Capitol building. The procession will be led by the House clerk and the House sergeant-at-arms, with the impeachment managers following behind. The articles will make their way from the doors of the House chamber, through the rotunda, and finally to the doors of the Senate.
The team of House impeachment managers consists of several notable members, including 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.
The Sergeant at Arms will announce the impeachment managers on the floor of the Senate. Once received, they will be escorted to the well of the Senate.
After the articles are read aloud, the person reading them will say, “The managers are requesting the Senate to take order for the trial. The managers now seek permission to withdraw.”
Senate President Pro Tempore Patty Murray, D-Wash., is set to announce that the Senate will inform the House once it is prepared to move forward with the trial.
Murray will oversee the Senate trial, as it is not an impeachment of a sitting president, Chief Justice John Roberts is not required to preside over it.
After their discussion, the managers will proceed to take 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 set to deliver a speech to a joint session of Congress on Thursday. This implies that the proceedings related to impeachment may commence later in the afternoon on Thursday.
When the Senate reconvenes, all senators stand together and raise their right hand to take the oath as a group.
Murray will recite the oath as follows: “Will you solemnly swear that you will carry out fair and unbiased justice, in accordance with the constitutions and laws, in the trial of Alejandro Mayorkas, the secretary of the Department of Homeland Security, which is currently underway? May God assist you in doing so.”
Senators make their way to the dais in groups of four to sign the oath book.
The Sergeant at Arms will announce: “Attention, everyone! I hereby command that all individuals remain silent under the penalty of imprisonment. The House of Representatives is currently presenting an article of impeachment against Alejandro Mayorkas, the Secretary of the Department of Homeland Security, to the Senate of the United States.”
The Senate proceeds to vote on the organizational rules of the impeachment, a process that may deviate slightly from the usual protocol.
This impeachment is expected to differ from previous ones in terms of duration and impact. Unlike previous impeachments that consumed weeks of floor time, this one is unlikely to follow the same pattern. Despite the lack of clarity surrounding the precise plans, the leadership has chosen to remain tight-lipped about their approach.
Possibilities of how proceedings could play out
There is a potential scenario where the Senate could swiftly handle the trial by dismissing the impeachment with a motion made by Senate Democrats, which would only require 51 votes.
If the vote exceeds 50, the impeachment will be set aside, bringing an end to the matter. With Democrats holding 51 seats in the Senate, they have the power to dismiss the trial even without any support from the GOP, as long as they remain united in their decision.
House Republicans are unlikely to view the option of senators voting to dismiss the trial favorably.
On March 28, Johnson and the impeachment managers wrote a letter to Schumer, urging him to fulfill his constitutional obligation by holding the trial.
The lawmakers expressed their concern about the proposal to table articles of impeachment without considering any arguments or evidence. They emphasized that such an action would go against the constitutional order and disrespect the American people, whom they all serve.
In addition, there is another option available: the Senate can choose to vote on sending the trial to be heard by a committee.
When a non-president of the United States faces impeachment, the Senate has the option to establish a special committee of senators to oversee the trial, rather than involving the entire Senate.
The trial committee is typically formed through an organizing resolution and is commonly referred to as the “trial committee.”
In most impeachment cases, the Senate has the authority to establish its own rules for the trial. This typically involves a discussion on the “organizing resolution,” which is a set of proposed rules that govern the proceedings and requires a vote for approval. If the Senate were to consider referring this impeachment to a committee, instructions to that effect would likely be included in the organizing resolution.
The resolution would undergo a process of being brought up, debated, and voted on. If it receives approval, the articles would then be forwarded to the committee and sent off the Senate floor. Typically, leadership would select members, consisting of 6 Democrats and 6 Republicans, to serve on the committee.
The committee would then hear the cases presented by the impeachment managers, followed by the lawyers for Mayorkas who would have an opportunity to present counter-arguments.
The committee will ensure that the footage of their hearings is accessible to both the public and the senators. At the conclusion of the trial, a comprehensive report and recommendation will be presented to the entire Senate. Subsequently, the Senate will cast their votes to determine whether or not to convict.
In 2010, the trial committee convened to hear the last impeachment case, which involved the federal judge Thomas Porteous.
The Senate can also choose to conduct a regular trial as a final option.
If it does, the Senate will adopt an organizing resolution, and then managers will present their arguments.
