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Senate Dismisses Mayorkas Impeachment Articles as Unconstitutional
TIME
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4/18/2024
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.
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00:00
I will ask unanimous consent to allow for debate time,
00:05
to allow for Republicans to offer and have votes on trial resolutions,
00:10
and allow for Republicans to offer and have votes on points of order.
00:16
Never before in the history of our Republic
00:18
has the Senate dismissed or tabled articles of impeachment when the
00:21
impeached individual was alive and had not resigned.
00:25
We find ourselves in the awkward position
00:30
because we're in impeachment proceedings of being able,
00:34
unable to discuss in public the merits of Senator Schumer's claim
00:41
and at the same time my Democratic friends have refused to go into closed
00:47
session so we can't discuss it.
00:49
The majority leader's position is asking
00:52
members of this Senate to vote on political expediency
00:56
to avoid listening to arguments. The only rational way
00:59
to resolve this question is actually to debate it, to consider the Constitution
01:03
and consider the law.
01:05
We gave your side a chance for debate in public where it should be
01:11
and your side objected. We are moving forward.
01:14
Our colleagues know that we are obligated to take these proceedings
01:19
seriously. This is what our oath prescribes.
01:23
It's what the history and precedent require
01:27
and I would urge each of our colleagues to consider that this is what the
01:31
framers actually envisioned.
01:35
On this vote the yeas are 51, the nays are 48.
01:39
One senator responded present. The point of order is well taken and the article
01:44
false.
01:44
Madam President.
01:46
Majority leader is recognized.
01:47
I raise a point of order that impeachment article 2
01:51
does not allege conduct that rises to the level of a high crime or misdemeanor
01:56
as required under article 2 section 4 of the United States Constitution
02:01
and is therefore unconstitutional.
02:04
On this vote the yeas are 51, the nays are 49.
02:09
The point of order is well taken. Article 2 falls.
02:13
Madam President.
02:14
Majority leader is recognized.
02:16
I move to adjourn the impeachment trial of
02:18
Alejandro N. Mayorkas, sine die and I ask for the yeas and nays.
02:24
Is there a sufficient second? There is a sufficient second. Clerk will call the
02:28
roll. On this vote the yeas are 51, the nays
02:32
are 49. The motion is to agree to the Senate
02:35
sitting as a court of impeachment stands adjourned sine die.
02:40
This means that the Senate can ignore in effect the House's
02:46
impeachment. It doesn't make any difference whether
02:49
our friends on the other side thought he should have been impeached or not. He
02:54
was and by doing what we just did
02:59
we have in effect ignored the directions of the House which were
03:06
to have a trial. No evidence,
03:11
no procedure. This is a day that's not a proud day in the history of the Senate.
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