Impeachment Articles Now Set to Be Delivered to the Senate Early This Week

FAIR Take | April 2024

While originally expected last week, House Speaker Mike Johnson (R-La.) delayed sending the articles of impeachment against Department of Homeland Security (DHS) Secretary Mayorkas to the Senate until early this week. Under the Senate Rules on impeachment, the Senate will take up the articles at one o’clock the following day.

According to multiple reports, the Speaker and impeachment managers delayed delivery from Wednesday last week to early this week to give Senators a full legislative week to consider the articles. Speaker Johnson stated that with the delayed delivery, “There is no reason whatsoever for the Senate to abdicate its responsibility to hold an impeachment trial.”

Leading Republicans in the Senate supported the delay. Senator John Thune, Republican Whip, said: “If we want to have the opportunity in the Senate to have a more fulsome discussions [sic] about this when the articles come over, there are times when that could probably happen better than having them come over tomorrow night and having to deal with it Thursday afternoon.” Similarly, in a floor statement Tuesday, Senator Mike Lee (R-Utah) argued that, “It’s much better for us to do this at the beginning of a legislative week rather than toward the end of one and I thank [Speaker Johnson] for doing that.” Senator John Kennedy (R-La.) said, “The benefit of the delay is, duh, we can talk about this issue.”

Whether the delay will affect the outcome, however, is uncertain. Senate Majority Leader Chuck Schumer (D-N.Y.) reportedly plans to dismiss the articles of impeachment on arrival. Meanwhile Senate Republicans continue to voice broad support for holding a full trial. In a post Tuesday, Senator Eric Schmitt (R-Mo.) said, “Mayorkas’ outright refusal to do his job has made our country less safe & endangered citizens across the US. The Senate must do its job and hold a full impeachment trial.” Also emphasizing the need for a full trial, Senator Marsha Blackburn (R-Tenn.) noted, “Senator Schumer wants to dismiss the impeachment charges against Secretary Mayorkas. Never before has the Senate dismissed impeachment charges without holding a trial. The American people should be enraged.” On Thursday, Senate Republicans released a public letter calling for a full impeachment trial signed by more than 40 senators.

The House of Representatives impeached Secretary Mayorkas in February by a vote of 214-213. As previously detailed by FAIR, the Secretary’s impeachment followed a thorough five-phase investigation and detailed impeachment hearings by the House Homeland Security Committee. The articles of impeachment lay out seven provisions of the Immigration and Nationality Act (INA) that Mayorkas has violated, and detail the numerous times the Secretary has knowingly lied to Congress and the American people. In a statement Tuesday, House Homeland Security Committee Chairman Mark Green (R-Tenn.) emphasized the need for Mayorkas’ removal, stating that, “Secretary Mayorkas’ failures have made every state a border state. That means every member of the Senate has witnessed the impact of this border crisis at home. It is time to put the well-being of those we represent over politics.”

Despite the House Homeland Security Committee’s in-depth investigation, the Biden Administration and congressional Democrats have attempted to paint the effort as a partisan political stunt. Following Secretary Mayorkas’ impeachment, President Biden released a statement claiming that, “History will not look kindly on House Republicans for their blatant act of unconstitutional partisanship that has targeted an honorable public servant in order to play petty political games.” Senator Richard Blumenthal (D-Conn.) underscored the same message in a statement Tuesday, arguing that a full trial would be “An absolute waste of time,” characterizing the impeachment as, “a ploy by Republicans.”

At every opportunity, the Biden Administration and congressional Democrats have ignored the catastrophic impacts of the border crisis. Now, Senate Democrats seem set on shirking their constitutional duty and disregarding longstanding precedent by dismissing the articles of impeachment without ever holding a trial. This tactic is an outright betrayal of the American people who have been forced to deal with the consequences of an unprecedented flood of illegal immigration for years under Mayorkas. When the articles are delivered by the House impeachment managers, the Senate must fulfill its duty to hold a full trial and consider all the facts warranting Secretary Mayorkas’ removal from office.

To learn more about the case against Secretary Mayorkas, click here.