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Mayorkas impeachment trial heads to the Senate. Why it likely won鈥檛 go far.

The impeachment trial for Homeland Security Secretary Alejandro Mayorkas is headed to the Senate. It could be over before it begins. 鈥淚mpeachment should never be used to settle a policy disagreement,鈥 Senate Majority Leader Chuck Schumer said. 

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Jose Luis Magana/AP
House Impeachment Managers (from left) Rep. Michael Guest, Rep. Andy Biggs, House Foreign Affairs Committee Chairman Michael McCaul, House Committee on Homeland Security Chairman Mark Green, and Rep. Marjorie Taylor Greene, cross the Capitol Rotunda.

Senate Democrats could end the impeachment trial of Homeland Security Secretary Alejandro Mayorkas on April 17 before arguments even begin.

Senate Majority Leader Chuck Schumer is expected to call votes to dismiss two articles of impeachment against Mr. Mayorkas after senators are sworn in as jurors midday, a move that could scuttle the trial and frustrate Republicans who have demanded that House prosecutors be able to make their case. Democrats appear to be united in opposition to moving forward.

Mr. Mayorkas said April 17 that he鈥檚 focused on his work running the massive department.

鈥淎s they work on impeachment, I work on advancing the mission of the Department of Homeland Security. That鈥檚 what I鈥檝e done throughout this process,鈥 he said during an appearance on CBS鈥 鈥淐BS Mornings鈥 show to discuss the department鈥檚 new campaign to help children stay safe online.

The House narrowly voted in February to impeach Mr. Mayorkas for his handling of the U.S.-Mexico border, arguing in the two articles that he 鈥渨illfully and systematically鈥 refused to enforce immigration laws. House impeachment managers appointed by Speaker Mike Johnson, R-La., delivered the charges to the Senate on April 16, standing in the well of the Senate and reading them aloud to a captive audience of senators.

The entire process could be done within hours on April 17. Majority Democrats have said the GOP case against Mr. Mayorkas doesn鈥檛 rise to the 鈥渉igh crimes and misdemeanors鈥 laid out as a bar for impeachment in the Constitution, and Mr. Schumer probably has enough votes to end the trial immediately if he decides to do so.

Mr. Schumer has said he wants to 鈥渁ddress this issue as expeditiously as possible.鈥

鈥淚mpeachment should never be used to settle a policy disagreement,鈥 Mr. Schumer said. 鈥淭hat would set a horrible precedent for the Congress.鈥

As Mr. Johnson signed the articles April 15 in preparation for sending them across the Capitol, he said Mr. Schumer should convene a trial to 鈥渉old those who engineered this crisis to full account.鈥

Mr. Schumer 鈥渋s the only impediment to delivering accountability for the American people,鈥 Mr. Johnson said. 鈥淧ursuant to the Constitution, the House demands a trial.鈥

Once the senators are sworn in on April 17, the chamber will turn into the court of impeachment, with Democratic Sen. Patty Murray of Washington presiding. Ms. Murray is the president pro tempore of the Senate, or the senior-most member of the majority party who sits in for the vice president.

Exactly how Democrats will proceed on April 17 is still unclear. Impeachment rules generally allow the Senate majority to decide how to manage the trial, and Mr. Schumer has not said exactly what he will do.

Senate Republicans are likely to try to raise a series of objections if Mr. Schumer calls votes to dismiss or table. But ultimately they cannot block a dismissal if majority Democrats have the votes.

In any case, Republicans would not be able to win the support of the two-thirds of the Senate that is needed to convict and remove Mr. Mayorkas from office 鈥 Democrats control the Senate, 51-49, and they appear to be united against the impeachment effort. Not one House Democrat supported it, either.

While most Republicans oppose quick dismissal, some have hinted they could vote with Democrats.

Sen. Mitt Romney, R-Utah, said last week he wasn鈥檛 sure what he would do if there were a move to dismiss the trial. 鈥淚 think it鈥檚 virtually certain that there will not be the conviction of someone when the constitutional test has not been met,鈥 he said.

At the same time, Mr. Romney said he wants to at least express his view that 鈥淢r. Mayorkas has done a terrible job, but he鈥檚 following the direction of the president and has not met the constitutional test of a high crime or misdemeanor.鈥

The two articles argue that Mr. Mayorkas not only refused to enforce existing law but also breached the public trust by lying to Congress and saying the border was secure. The House vote was the first time in nearly 150 years that a Cabinet secretary was impeached.

Since then, Mr. Johnson has delayed sending the articles to the Senate for weeks while both chambers finished work on government funding legislation and took a two-week recess. Mr. Johnson had said he would send them to the Senate last week, but he punted again after Senate Republicans said they wanted more time to prepare.

House impeachment managers previewed some of their arguments at a hearing with Mr. Mayorkas on April 16 about President Joe Biden鈥檚 budget request for the department.

Tennessee Rep. Mark Green, the chairman of the House Homeland Security panel, told the secretary that he has a duty under the law to control and guard U.S. borders, and 鈥渄uring your three years as secretary, you have failed to fulfill this oath. You have refused to comply with the laws passed by Congress, and you have breached the public trust.鈥

Mr. Mayorkas defended the department鈥檚 efforts but said the nation鈥檚 immigration system is 鈥渇undamentally broken, and only Congress can fix it.鈥

Other impeachment managers are Michael McCaul of Texas, Andy Biggs of Arizona, Ben Cline of Virginia, Andrew Garbarino of New York, Michael Guest of Mississippi, Harriet Hageman of Wyoming, Clay Higgins of Louisiana, Laurel Lee of Florida, August Plfuger of Texas, and Marjorie Taylor Greene of Georgia.

At a news conference with a group of Republican senators after the articles were delivered, the impeachment managers demanded that Mr. Schumer move forward with their case.

鈥淭he voice of the people is very clear,鈥 said Mr. McCaul, chairman of the House Foreign Affairs Committee. 鈥淪ecure the border and impeach this man, this criminal.鈥

If Democrats are unable to dismiss or table the articles, they could follow the precedent of several impeachment trials for federal judges over the last century and hold a vote to create a trial committee that would investigate the charges. While there is sufficient precedent for this approach, Democrats may prefer to end the process completely, especially in a presidential election year when immigration and border security are top issues.

If the Senate were to proceed to an impeachment trial, it would be the third in five years. Democrats impeached President Donald Trump twice, once over his dealings with Ukraine and a second time in the days after the Jan. 6, 2021, attack on the Capitol. Mr. Trump was acquitted by the Senate both times.

At a trial, senators would be forced to sit in their seats for the duration, maybe weeks, while the House impeachment managers and lawyers representing Mr. Mayorkas make their cases. The Senate is allowed to call witnesses, as well, if it so decides, and it can ask questions of both sides after the opening arguments are finished.

This story was reported by The Associated Press. Associated Press writer Farnoush Amiri contributed to this report.

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