Democrats in the U.S. Senate have made the unprecedented move of shutting down the impeachment of Homeland Security Secretary Alejandro Mayorkas for his egregious actions and nonactions surrounding President Joe Biden’s crisis on the southern border. And they’re doing it without holding a trial or hearing evidence as the Constitution demands.
Senate Democrats have taken the unprecedented step of dismissing the impeachment trial of Homeland Security Secretary Alejandro Mayorkas without holding a trial or considering evidence. This historic move has been met with strong criticism from constitutional law experts and Republican lawmakers who argue it undermines the House’s impeachment authority.
On Wednesday Majority Leader Chuck Schumer (D-NY) declared both impeachment articles against Mayorkas unconstitutional marking the first time in U.S. history that the Senate has dismissed an impeachment without a trial. Andrew McCarthy a former chief assistant United States attorney and senior fellow at the National Review Institute emphasized that the House holds the sole power to determine what constitutes an impeachable offense.
McCarthy warned that Senate Democrats could regret this political power play in the future when the roles are reversed. Senate Minority Leader Mitch McConnell condemned the action as a “very unfortunate precedent” that effectively undermines the House’s impeachment authority.
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Sen. Eric Schmitt (R-MO) accused Schumer and Senate Democrats of “bulldozing hundreds of years of precedent.” Republicans are now promising to use procedural hurdles to stall legislation in response to the terminated impeachment and the ramifications of Democrats’ raw power move are already being felt.
Sen. John Kennedy (R-LA) pointed out that part of the breach of public trust count against Mr. Mayorkas was for a federal felony ᅳ lying to Congress. ”What do you have to do to get impeached now?” Kennedy asked.
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The dismissal of the impeachment trial without due process has raised serious questions about the future of impeachment proceedings and the balance of power between the House and Senate. As the nation grapples with this unprecedented situation the long-term implications of this decision remain to be seen.