Mayorkas Was Impeached. What Happens Next?

WASHINGTON — Republican members of the House impeached Homeland Security Secretary Alejandro Mayorkas with a simple majority vote Tuesday. It sets off a series of choreographed rituals that dates back to the impeachment of former President Andrew Johnson in 1868. Here’s a look at what happens next.

A Ceremonial Procession

Once the House approves two articles of impeachment laying out the accusations against Mayorkas as part of its oversight and investigatory responsibilities, they are then walked over to the Senate.

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The day after Johnson was impeached, in February 1868, the articles of impeachment were delivered to the Senate by Rep. Thaddeus Stevens, R-Pa. Stevens was so ill that he had to be carried through the Capitol.

Once the articles are delivered, the Senate, acting as a High Court of Impeachment, would schedule a trial during which senators would consider evidence, hear witnesses and, ultimately, vote to acquit or convict. They could also vote to dismiss the charges.

The Senate Trial

The House speaker names impeachment managers from the chamber who would be tasked with arguing the case against the impeached official, serving as the prosecution team in the Senate trial.

In the case of Mayorkas, the impeachment articles also appoint 11 impeachment managers. The group includes Reps. Mark Green of Tennessee, the chair of the Homeland Security Committee that drew up the charges, and Rep. Marjorie Taylor Greene, R-Ga., who has led the drive to seek his removal. Also part of the team are Reps. Andy Biggs of Arizona, Ben Cline of Virginia, Clay Higgins of Louisiana, Andrew Garbarino of New York, Michael Guest of Mississippi, Harriet Hageman of Wyoming, Laurel Lee of Florida, Michael McCaul of Texas and August Pfluger of Texas.

The Biden administration would have the right to have an agent or attorney appear to answer for the articles of impeachment against Mayorkas. That includes appointing House Democrats to serve on the defense team.

In a trial, senators would sit as a jury in judgment of Mayorkas. For many, it would be the third impeachment trial they would sit through, after two consecutive impeachment trials of former President Donald Trump, in 2020 and 2021. Eventually, senators would take a vote on the charges. They could agree to dismiss the articles or render a verdict.

The Verdict

If a trial moves forward without the charges being dismissed, a two-thirds majority would be required to convict and remove Mayorkas, an exceedingly unlikely outcome given that Democrats control the Senate. Democrats have the majority, holding 48 seats and the votes of three independents who caucus with them. Senate Republicans are in the minority, controlling 49 seats. If Democrats held together in support of him, Mayorkas would be acquitted even if every Republican voted to convict.

If he were to be found guilty, according to Article II, Section Four of the Constitution, Mayorkas would be removed from his position and the Senate could vote to bar him from being able to hold office again.

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