House Republicans’ bid to impeach Alejandro Mayorkas fails in US Senate

Senate Democrats on Wednesday dismissed the impeachment case brought by House Republicans against Alejandro Mayorkas, the homeland security secretary, on grounds that the charges failed to meet the bar of “high crimes and misdemeanors” outlined in the constitution as a basis for removing an official from office.

In a pair of party-line votes, Democrats held that two articles alleging Mayorkas willfully refused to enforce the nation’s immigration laws and breached the public trust with his statements to Congress about the high levels of migration at the US southern border with Mexico were unconstitutional. On the first article, Lisa Murkowski, the Republican senator from Alaska, voted “present”.

Democrats then voted 51-49 to adjourn the trial, just one day after House Republicans presented the articles to the Senate. Chuck Schumer, the senate majority leader, moved to dismiss the charges outright, arguing that a cabinet official cannot be removed from office for implementing the policies of the administration he serves.

“It is beneath the dignity of the Senate to entertain this nakedly partisan exercise,” Schumer said in a floor speech opening Wednesday’s session.

Constitutional scholars, including conservative legal experts, have said the Republicans’ impeachment case is deeply flawed and weakens Congress’s most powerful tool for holding despots and delinquents to account. But Republicans pushed ahead, arguing that Mayorkas’s handling of the southern border warranted a historic rebuke.

“This process must not be abused. It must not be short-circuited,” Mitch McConnell, the Senate minority leader, said, imploring Democrats to hold a full trial. “History will not judge this moment well.”

After the Senate convened as a court of