In the recent years, there have been multiple impeachment trials on Capitol Hill, including two conducted on former President Trump in 2020 and 2021. However, a new impeachment trial is about to begin in the United States Senate, which no living American has ever witnessed. The subject of this trial is Homeland Security Secretary Alejandro Mayorkas, who was impeached by the House in February for not following the law in securing the border and lying to Congress. Senate Majority Leader Chuck Schumer is expected to move to dismiss or table the articles, with the Senate needing to vote on the matter.
Despite expectations of a quick dismissal, Republicans are adamant on conducting a full trial for Mayorkas. Figures such as House Speaker Mike Johnson and Sen. Mike Lee argue that senators have a constitutional obligation to listen to arguments for and against impeachment. The trial may be elongated as Republicans attempt to make points of order and force the Senate to vote on the articles. However, Senate Democrats have the power to dismiss each of these motions if they stay united and choose to table them.
The trial is expected to follow a set procedure, with the House appointing 11 impeachment managers to act as prosecutors in the Senate. While Mayorkas does not attend the trial, Senate Sergeant at Arms will escort the managers and the articles of impeachment from the House to the Senate chamber. The trial will be presided over by Senate President Pro Tempore Patty Murray, with senators serving as jurors. The Senate may consider resolutions to establish parameters for handling the trial, with motions expected to be in order at the start of the trial.
The Senate, under impeachment rules, will officially begin the trial the next day at 1 pm ET when senators are sworn in. Schumer, as Majority Leader, has the power to make a motion to dismiss or table the articles, potentially preventing Republicans from interfering. While senators do not openly debate during an impeachment trial, they may agree to debate in closed session. A vote to dismiss the articles carries political consequences for Democrats facing re-election in the upcoming fall, as Republicans may use the outcome to criticize the seriousness with which Democrats take the charges against Mayorkas.
The trial is likely to be short, with Mayorkas’ circumstances potentially leading to a quick dismissal similar to the impeachment of former federal judge Samuel Kent in 2009. Kent resigned before the Senate trial begin and the House decided to halt its prosecution, leading to a swift resolution in the Senate. While the trial for Mayorkas may not follow the exact same path, the possibility of a rapid dismissal is higher compared to the lengthy trials of former President Trump. Though the specifics of the trial remain to be seen, the involvement of both parties is expected to influence the outcome and duration of the proceedings in the Senate.
