After the February vote to impeach Homeland Security Secretary Alejandro Mayorkas, the impeachment proceedings will progress to the next stage on Wednesday. It is expected that the articles of impeachment will be transmitted 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 have indicated that a comprehensive trial on the Senate floor is unlikely, despite the desires of many House Republicans.
On February 13, the House voted to impeach 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 illegal immigration. However, Mayorkas vehemently rejected these allegations as unfounded.
The impeachment efforts have faced criticism from the DHS.
“DHS spokesperson Mia Ehrenberg denounced the baseless accusations made by House Republicans against a highly respected public servant, who has tirelessly dedicated over two decades to upholding the law and serving our nation. Despite lacking any evidence or valid Constitutional grounds, these false claims have been recklessly propagated. Secretary Mayorkas and the Department of Homeland Security remain steadfast in their commitment to ensuring the safety and security of the American people.”
The Senate has the choice of either dismissing the trial altogether or mandating a committee to conduct it, although the chances of a Senate trial are slim. The exact process of the impeachment proceedings remains somewhat uncertain.
This week is anticipated to unfold in the following manner:
Wednesday’s ‘engrossment ceremony’
The exact timing of Wednesday’s impeachment proceedings is still uncertain.
An anticipated event called the “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.
Afterward, the House clerk and the House sergeant-at-arms will lead the procession of articles across the Capitol building, with the impeachment managers following closely 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 House impeachment managers consist of a group of highly esteemed individuals who have been tasked with the responsibility of presenting the case. This group includes Chairman Mark Green of the Homeland Security Committee, Chairman Michael McCaul of the Foreign Affairs Committee, as well as Representatives Andy Biggs, Ben Cline, Andrew Garbarino, Michael Guest, Harriet Hageman, Clay Higgins, Laurel Lee, August Pfluger, and Marjorie Taylor Greene.
Afterward, the Sergeant at Arms will make a public announcement on the Senate floor regarding the impeachment managers. Once they are announced, they will be accompanied to the well of the Senate.
After reading the articles, the person in charge will speak out, saying, “The managers urge the Senate to proceed with the trial and now request permission to withdraw.”
Senate President Pro Tempore Patty Murray, who hails from Washington state, is set to make an announcement regarding the Senate’s readiness to proceed with the trial.
Murray will oversee the Senate trial, as Chief Justice John Roberts is not obligated to preside over this impeachment since it does not involve a sitting president.
After their discussion, the managers will proceed with a procedural walk back to the House.
Senators sworn in as jurors
Senate Majority Leader Chuck Schumer announced that senators will officially be sworn in as jurors on Thursday.
In a statement, Schumer’s office announced that after the House impeachment managers present the articles of impeachment to the Senate, Senators will be sworn in as jurors in the trial the following day.
Japanese Prime Minister Fumio Kishida is set to deliver a speech to a joint session of Congress on Thursday. This implies that events related to impeachment could commence later in the afternoon on Thursday.
When the Senate reconvenes, they administer the oath to the entire group of senators. In unison, all senators stand and raise their right hand.
Murray will proceed to read the oath: “Will you solemnly swear that in all matters relating to the trial of the impeachment of Alejandro Mayorkas, secretary of the Department of Homeland Security, currently under consideration, you will administer impartial justice in accordance with the constitutions and laws, so help you God?”
Senators gather in groups of four and proceed to the dais to sign the oath book.
The Sergeant at Arms will then declare: “Listen up, everyone! It is hereby ordered that all individuals remain silent under the threat of imprisonment. This is while the House of Representatives presents 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 from the standard procedures.
This impeachment is not expected to follow the same lengthy process as previous ones. The leadership has been keeping their plans closely guarded.
Possibilities of how proceedings could play out
One potential option is for the Senate to proceed swiftly in resolving the trial. In this situation, Senate Democrats possess the ability to propose a motion for the dismissal of the impeachment, requiring only 51 votes.
If the vote exceeds 50, the impeachment would be halted, bringing it to an end. With Democrats holding 51 seats in the Senate, they have the power to dismiss the trial even without the support of the GOP, should they decide to remain united.
House Republicans are unlikely to view the option of senators voting to dismiss the trial favorably.
On March 28, Johnson and the impeachment managers sent a letter to Schumer urging him to fulfill his constitutional obligation by conducting this trial.
When an individual who is not the president of the United States faces impeachment, the Senate has the option to form a special committee of senators to conduct the trial, as per their rules. This committee would be responsible for hearing the entirety of the trial, rather than involving the entire Senate.
The committee, commonly known as a “trial committee,” is typically convened through an organizing resolution.
In most impeachments, the Senate has the authority to establish its own rules for the trial. This typically entails a discussion around an “organizing resolution,” which outlines the proposed set of rules that will govern the proceedings. The Senate must then vote to approve this resolution. If the Senate were to attempt to refer this impeachment to a committee, the instructions to do so 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 subsequently be referred to the committee and removed from the Senate floor. The committee would consist of appointed members, typically 6 Democrats and 6 Republicans, who would sit on the committee.
The committee will ensure that the public and senators have access to the footage of their hearings. Upon concluding the trial, they will present a comprehensive report and recommendation to the entire Senate. Subsequently, the Senate will vote on whether to convict or not.
In 2010, the last impeachment trial committee heard the case of federal judge Thomas Porteous.
The Senate has the option of conducting a regular trial.
According to sources, an impeachment trial similar to the ones conducted during the proceedings against former President Donald Trump is not expected.
It is technically possible for a weeks-long trial to take place on the floor of the Senate, although it is unlikely.
Once it does, the Senate will proceed by adopting an organizing resolution, after which the managers will present their arguments.
