The Senate has recently killed the first article of impeachment against Homeland Security Secretary Alejandro Mayorkas. This marked a historic moment as the trial of the Cabinet secretary got underway. The article of impeachment that was killed accused Mayorkas of “willful and systemic refusal to comply with the law,” while he still faces a second article for “breach of public trust.”
The Senate proceedings began with Senate Majority Leader Chuck Schumer offering a time agreement to Republicans. This agreement would have allowed a certain amount of floor debate and votes on trial resolutions and points of order before a final vote to dismiss the case. However, Republican Sen. Eric Schmitt of Missouri objected to this proposal, stating that it would set an “unprecedented” step in US history to dismiss an impeachment case without a trial.
Schumer then made a motion to table or kill the first impeachment article, arguing that it did not allege conduct that rises to the level of a high crime or misdemeanor as required in the Constitution. After several rounds of procedural votes, the motion passed, resulting in the killing of the first article of impeachment.
This impeachment trial is significant as Mayorkas is the first Cabinet secretary to be impeached in almost 150 years. House Republicans had previously voted to impeach Mayorkas in February over his handling of the southern border, albeit by a narrow margin on their second attempt.
The House transmitted the articles of impeachment to the Senate, and senators