Mayorkas impeachment headed toward Senate graveyard

[BumRushDaShow]

Mayorkas impeachment headed toward Senate graveyard


by Al Weaver and Rebecca Beitsch - 02/14/24 6:30 PM ET


The impeachment of Homeland Security Secretary Alejandro Mayorkas is likely to die a quick death in the Senate after the House succeeded in its second attempt to rebuke the Department of Homeland Security (DHS) chief Tuesday night.

Faced with a potential third impeachment trial in five years, the Senate is likely to avoid the matter entirely. Senators expect Senate Majority Leader Chuck Schumer (D-N.Y.) to move to either dismiss the two articles against Mayorkas or to refer them to the committee level, effectively killing the process.

The Senate returns to work on Feb. 26 and will immediately be faced with having to fund part of the government by the end of that week. Schumer is likely to focus on that issue and not Mayorkas.

“Whether they move quickly to dismiss or bury in committee, I’m not sure. I see no need for the Senate at this point and time, given the fact that we need to, among other things, fund the government, spend any time on this — and there will be plenty of Republicans who agree,” said Jim Manley, a former top aide to former Senate Democratic Leader Harry Reid (Nev.).

(snip)

https://thehill.com/homenews/senate/4468588-mayorkas-impeachment-headed-toward-senate-graveyard/

Once the House GOP loons do their dog and pony show in the Senate, the Senate will likely move to have this sent to a Committee (their option as this is normally how judicial impeachments are done too - in a small subject-matter Committee and not like Presidential impeachments that utilize the "Committee of the Whole" with all Senators).

Once in Committee, they will let it die.

[bucolic_frolic]

1. Wonder if MTG will pull a Trump and rant every day on the Capitol Steps.

[leftieNanner]

2. She was chosen to be one of the Impeachment

Managers.

[BumRushDaShow]

3. Doing that would make a perfect ad

to show how much she REFUSES to help the American people - like passing appropriations bills that should have been completed LAST YEAR before September 30, 2023, and instead prefers to grandstand outside of her "workplace".

[ificandream]

8. She'll put on a show for the Fox cameras just to make that goon Hannity happy.

[C_U_L8R]

4. Off to the Senate filing system with that bogus impeachment.

[Lovie777]

5. The GQP are worthless.................................

[bdamomma]

14. and

do nothing.

[mitch96]

6. We all know this is just a tit for tat retaliation for impeaching the orange blob. They couldn't get Biden so they

went after some low hanging fruit. This impeachment will die on the vine.
Some red meat to throw to the maga crowd..
m

[edhopper]

7. I like the committee idea

Call MTG in to testify and make her wait to be called.
The whole Jimmy Kimmel, Matt Damon bit.

[BumRushDaShow]

9. They would probably not even bother to schedule a meeting at all

Hundreds of bills that get drafted during a typical year get sent to Committee once introduced, and only a fraction actually get some action on them.

[edhopper]

10. Schedule a hearing

Call her in, and then cancel it saying there is more pressing business. Rinse repeat.

[BumRushDaShow]

11. LOL

[WarGamer]

12. The last Senate conviction of impeachment was Judge Porteous in 2010.

[BumRushDaShow]

16. The one I recall that made big headlines was Alcee Hastings,

who back in the '80s, was impeached as a judge, convicted in the Senate, and removed from the judiciary. He then ran for a congressional seat and won... He stayed in Congress after that until finally passing away almost 30 years after winning the seat.

He passed away a couple years ago.

[AverageOldGuy]

13. A question . . .

As I understand the process, the House passes a bill of impeachment, which is similar to a grand jury indictment, listing the crimes the individual is accused of.

The bill of impeachment then goes to the Senate where a trial is held with the prosecution and the defense presenting their cases, with Senators asking questions, after which the Senate serves as a jury and votes guilty/not guilty.

QUESTION: Is the Senate required to hold a trial? Can they just refer the bill to a committee and let it die there? After all, if the bill of impeachment is not acted upon by the end of the session in Jan 2025, does the bill die like all other legislation, and have to be submitted again?

[BumRushDaShow]

17. "Is the Senate required to hold a trial?"

The Constitution basically says that the Senate has the power to try, but doesn't explicitly seem to require that they DO "try". I.e., the Senate handles that whole process based on what they have set forth in their Rules. Outside of a critical office holder like a President, most Senate impeachment reviews/trials are done in smaller Committees - but that is one of those "Rules" things with respect to having an option to "send to Committee" (a special one or one "of the Whole" as is normally done with Presidential impeachments), or even consider a motion to dismiss.

I think the "base" requirement is that the Senate "accepts" the impeachment announcement from the House and will host the House's Impeachment Managers who would present their case. After that, they decide how to proceed further.

[brooklynite]

15. I don't believe the House Manager will get a chance...

...sending it to Committee would mean a Senate Trial wouldn't be convened in the first place, and a Committee Chair would never call it up.

[onenote]

20. Not sure they can do that under the rules governing the use of a committee in an impeachment, as adopted in 1934,

"XI. That in the trial of any impeachment the Presiding Officer of the Senate, if the Senate so orders, shall appoint a committee of Senators to receive evidence and take testimony at such times and places as the committee may determine, and for such purpose the committee so appointed and the chairman thereof, to be elected by the committee, shall (unless otherwise ordered by the Senate) exercise all the powers and functions conferred upon the Senate and the Presiding Officer of the Senate, respectively, under the rules of procedure and practice in the Senate when sitting on impeachment trials.

Unless otherwise ordered by the Senate, the rules of procedure and practice in the Senate when sitting on impeachment trials shall govern the procedure and practice of the committee so appointed. The committee so appointed shall report to the Senate in writing a certified copy of the transcript of the proceedings and testimony had and given before such committee, and such report shall be received by the Senate and the evidence so received and the testimony so taken shall be considered to all intents and purposes, subject to the right of the Senate to determine competency, relevancy, and materiality, as having been received and taken before the Senate, but nothing herein shall prevent the Senate from sending for any witness and hearing his testimony in open Senate, or by order of the Senate having the entire trial in open Senate."

The Committee procedure described in this rule has been used only three times: the impeachments of Judges Claiborne, Alcee Hastings, and Walter Nixon. In each instance, the Committee received evidence and took testimony before making a report and recommendation to the full Senate. Whether they could have refused to do that is questionable since, on its face, the rule indicates that the Committee is required to follow the rules of procedure of the Senate when sitting on impeachment trials and those rules require the Senate to consider articles of impeachment when they are received by the Senate, it would appear that simply not acting --including not taking testimony -- may not be an option. Rather, the senate could adopt a rule, as it has in other instances, allowing for a motion to dismiss before the presentation of evidence. While no such motion has ever successfully been pursued, it is a more likely than sending it to a committee.

[brooklynite]

21. "That in the trial of any impeachment"

The question is: at what point in the Senate process does the "trial" start.

[onenote]

22. The only rule providing for the appointment of a committee is the one cited

and it has never been used to avoid a trial. The more likely approach will be a motion to dismiss voted on by the full Senate.

[Takket]

18. I feel like that is a mistake

I very much want to see MTG standing up before the senate trying to present herself as anything other than a lunatic with no evidence to back up her claims. Nothing about that process would be a good thing for rethugs.

[BumRushDaShow]

19. I think they still have to allow them to "present the case"

which would include their presentation of the Articles of Impeachment and opening statements, etc. But once that is done,