Senate Democrats Might Seek to Table or Dismiss Mayorkas Charges

Democrat Senate Majority Leader Chuck Schumer of New York has been silent about how the chamber will handle the impeachment trial of Alejandro Mayorkas, the Homeland Security Secretary, but numerous media outlets are reporting Democrats plan to dismiss the charges rapidly before any trial begins.

Dems have several options to disrupt the possibility of a trial, including dismissing or tabling charges, for which they only need a simple majority. 

However, Republicans in the Senate persuaded GOP Speaker of the House Mike Johnson of Louisiana to delay the delivery of articles of impeachment to the Senate until Monday to buy more time to pressure Democrats to hold a trial. The articles were set to be delivered on Wednesday.

Senator Debbie Stabenow of Michigan, the third-ranked Democrat in the chamber, said Tuesday that the Senate majority will treat Mayorkas’ impeachment “with the seriousness it deserves.”

“It’s completely political. It’s not serious,” said Stabenow, according to Politico. We will do what we have to do, and we’ll work with Republicans to dispose of it as quickly and appropriately as we can. We’ll see how it goes. But we will do what is necessary, legal, and appropriate. And dispose of it as soon as possible.”

Secretary Mayorkas is the second Cabinet and 22nd government official to be impeached. The House approved two impeachment articles over his handling of the crisis at the southern border: public breach of trust and systemic and willful refusal to comply with the law.

Senate has held a trial in all but one impeachment case

The Senate has held trials in all but one impeachment case. U.S. District Court Judge Mark Delahay of Kansas, who was appointed by Abraham Lincoln, was impeached on charges of intoxication at the beach in 1973. However, Delahay resigned before the House drew up impeachment articles, so no trial was held.

“The Senate has never in its history tabled an impeachment. Never,” said GOP Senator John Kennedy of Louisiana in a news release. In the more than 200 years that this body has existed, the House of Representatives has impeached an official 21 times, and we have never once tabled the impeachment. Not once.”

“Now, Senator Schumer may also try to dismiss these charges instead of tabling them, but that’s never been done before either. Suppose the Senate dismisses these charges without a trial. In that case, it will be the first time in the Senate’s long history that it has dismissed impeachment charges against an official it has jurisdiction over without that official first resigning — and that’s a fact.”

Alabama GOP Senator Tommy Tuberville also calls for Schumer to hold a “full and fair” impeachment trial.

“Secretary Mayorkas has intentionally failed to secure the border in the three years since his swearing-in,” said Tuberville in a news release. “I will be voting to hold Secretary Mayorkas accountable. …I expect Senate Democrats will try to table the articles of impeachment and sweep Biden’s border bloodbath under the rug.”

“Every Democrat in the House already voted to save Mayorkas’ job, effectively endorsing the crisis at the border. How many more Americans have to die before the Democratic Party takes seriously the drugs, human traffickers, murderers, and terrorists flooding across the border?”