Senate Dismisses Mayorkas Impeachment Articles as Unconstitutional

TIME

The Senate clash over the impeachment of Homeland Security Secretary Alejandro Mayorkas lasted less than three hours as Democrats moved quickly on Wednesday to dismiss the charges as unconstitutional.

Transcript

00:00I will ask unanimous consent to allow for debate time,

00:05to allow for Republicans to offer and have votes on trial resolutions,

00:10and allow for Republicans to offer and have votes on points of order.

00:16Never before in the history of our Republic

00:18has the Senate dismissed or tabled articles of impeachment when the

00:21impeached individual was alive and had not resigned.

00:25We find ourselves in the awkward position

00:30because we're in impeachment proceedings of being able,

00:34unable to discuss in public the merits of Senator Schumer's claim

00:41and at the same time my Democratic friends have refused to go into closed

00:47session so we can't discuss it.

00:49The majority leader's position is asking

00:52members of this Senate to vote on political expediency

00:56to avoid listening to arguments. The only rational way

00:59to resolve this question is actually to debate it, to consider the Constitution

01:03and consider the law.

01:05We gave your side a chance for debate in public where it should be

01:11and your side objected. We are moving forward.

01:14Our colleagues know that we are obligated to take these proceedings

01:19seriously. This is what our oath prescribes.

01:23It's what the history and precedent require

01:27and I would urge each of our colleagues to consider that this is what the

01:31framers actually envisioned.

01:35On this vote the yeas are 51, the nays are 48.

01:39One senator responded present. The point of order is well taken and the article

01:44false.

01:44Madam President.

01:46Majority leader is recognized.

01:47I raise a point of order that impeachment article 2

01:51does not allege conduct that rises to the level of a high crime or misdemeanor

01:56as required under article 2 section 4 of the United States Constitution

02:01and is therefore unconstitutional.

02:04On this vote the yeas are 51, the nays are 49.

02:09The point of order is well taken. Article 2 falls.

02:13Madam President.

02:14Majority leader is recognized.

02:16I move to adjourn the impeachment trial of

02:18Alejandro N. Mayorkas, sine die and I ask for the yeas and nays.

02:24Is there a sufficient second? There is a sufficient second. Clerk will call the

02:28roll. On this vote the yeas are 51, the nays

02:32are 49. The motion is to agree to the Senate

02:35sitting as a court of impeachment stands adjourned sine die.

02:40This means that the Senate can ignore in effect the House's

02:46impeachment. It doesn't make any difference whether

02:49our friends on the other side thought he should have been impeached or not. He

02:54was and by doing what we just did

02:59we have in effect ignored the directions of the House which were

03:06to have a trial. No evidence,

03:11no procedure. This is a day that's not a proud day in the history of the Senate.

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