Democrat lawmakers who pushed Trump impeachment sing different tune on Biden border chief

Some lawmakers in Washington, D.C., who pushed for the impeachment of former President Donald Trump sang a different tune as they threw out articles of impeachment against Department of Homeland Security Secretary Alejandro Mayorkas on Wednesday.

Both articles of impeachment against President Biden's Homeland Security secretary were deemed unconstitutional by the Senate on Wednesday in two party-line votes.

The first article alleged Mayorkas engaged in the "willful and systemic refusal to comply with the law" regarding the southern border in his capacity as DHS secretary, while the second claimed Mayorkas breached public trust.

Majority Leader Chuck Schumer, D-N.Y., proposed a point of order declaring the first article unconstitutional, to which the majority of senators agreed following several failed motions by Republicans. It was then deemed unconstitutional with a vote of 51-48, with Sen. Lisa Murkowski, R-Alaska, voting present. 

INSIDE GOP PLAN TO FORCE AS MANY VOTES ON MAYORKAS IMPEACHMENT TRIAL AS POSSIBLE

The second article was deemed unconstitutional as well, with a party line vote of 51-49. This time Murkowski rejoined the process.

"The decision by the Senate to reject House Republicans’ baseless attacks on Secretary Mayorkas proves definitively that there was no evidence or Constitutional grounds to justify impeachment," DHS spokesperson Mia Ehrenberg told Fox News Digital on Thursday.

 "As he has done throughout more than 20 years of dedicated public service, Secretary Mayorkas will continue working every day to enforce our laws and protect our country. It’s time for Congressional Republicans to support the Department’s vital mission instead of wasting time playing political games and standing in the way of commonsense, bipartisan border reforms," Ehrenberg added. 

After the vote, Schumer turned to X to say, "Impeachment should NEVER be used to settle policy disagreements."

"If the GOP spent a fraction of the effort they spent on this meritless impeachment towards working with Democrats on border reform, we might have passed the bipartisan border bill," he said. "But Trump told his GOP allies in Congress to kill it. Trump even said: ‘Please, blame it on me.’"

‘CONSTITUTIONAL AUTHORITY’ OF SENATE DEMS QUASHING MAYORKAS IMPEACHMENT TRIAL QUESTIONED BY EXPERTS

Senate Republicans blocked the Biden-backed border bill earlier this year because they said it didn't address what's fueling the crisis. 

"They put forward this legislation, ask for more authority, more funds, and frankly, more flexibility — and they say if we don't go for it, Republicans are now responsible for the crisis at the southern border. It's preposterous," Sen. Bill Hagerty, R-Tenn., said back in February. 

Trump campaign spokesperson Karoline Leavitt fired back in a statement to Fox News Digital, saying, "Crooked Joe Biden and Secretary Mayorkas reversed President Trump's effective border policies have allowed a border invasion of more than 14 million illegal criminals, murderers, rapists, and even known terrorists into our country. They must be held accountable. In November, President Trump will fire Crooked Joe Biden and Mayorkas and secure the southern border on day one." 

When it came to Trump’s impeachment in 2021, Schumer sang a different tune.

The House impeached Trump for a second time in January 2021 after 10 Republicans abandoned the former president and joined Democrats.

RASKIN SAYS TRUMP'S REFUSAL TO TESTIFY AT IMPEACHMENT SUPPORTS ‘HIS GUILT’

Schumer said at the time, "I regret to say for 45 Republican senators to vote for a spurious constitutional objection to the coming impeachment trial was deeply, deeply irresponsible."

During the Trump impeachment trial, Sen. Chris Murphy, D-Conn., broke from Schumer and said he believed the Senate had a responsibility to hold an impeachment trial but that it was an open question of whether the trial was constitutional.

But on the matter of Mayorkas, Murphy called the impeachment "bs."

"Republicans only see the border as a campaign issue," Murphy posted on X. "They don't want to solve the problem. They could have worked with us to pass the bipartisan border security bill. Instead, they wasted time on this bs impeachment, which doesn't solve the problem - just keeps it in the news."

Murphy and Schumer did not respond to Fox News Digital's request for comment on the impeachment.

40 HOUSE DEMOCRATS JOIN LEGISLATION TO BAR TRUMP FROM PUBLIC OFFICE

SENATE PREPARES FOR MAYORKAS IMPEACHMENT ARTICLES WHILE GOP BRACES FOR POSSIBLE DISMISSAL MOTION

Sen. Tom Cotton, R-Ark., told Fox News at the time of the Trump impeachment that the process was "plainly unconstitutional."

Cotton joined several other Senate Republicans in signing a letter last week, lobbying for Schumer to hold a full impeachment trial for Mayorkas.

The Republican lawmakers said in the letter, "The American people deserve to hear the evidence through a Senate trial in the Court of Impeachment."

Cotton could not be reached for comment on Wednesday regarding the latest ruling in the Senate for Mayorkas and how it differs from Trump’s impeachment process.

Fox News Digital's Julia Johnson and Jamie Joseph contributed to this report.

Trump says Biden ‘should be in jail’ and ‘on trial,’ while blasting NY case: ‘The whole world is watching’

Former President Trump declared it is President Joe Biden who "should be in jail" and "be on trial," while blasting the case against him and saying "the whole world is watching this New York scandal," as he left court after the third day of his historic and unprecedented criminal trial. 

The former president, shortly after a full jury was selected to hear arguments from his defense attorneys and Manhattan District Attorney Alvin Bragg as he seeks to make his case, stood in the hallway of the courthouse and addressed the press. 

TRUMP HUSH MONEY TRIAL: MEET THE JURORS WHO WILL HEAR BRAGG'S CASE AGAINST THE 2024 PRESIDENTIAL CANDIDATE

Trump, the presumptive 2024 Republican presidential nominee, held a thick stack of news articles from a range of different news outlets and media organizations. 

Trump said "every one of them" knows the case is "very unfair" and a "very bad thing." 

"The whole world is watching this New York scandal," he said, calling it a "spectacle." 

"It is political and it is a shame—it is a shame," he said. "And I am sitting here for days now from morning until night in that freezing room—everybody was freezing in there—and all for this."  

TRUMP JUROR PREVIOUSLY ARRESTED FOR RIPPING DOWN RIGHT-LEANING POLITICAL ADS DISMISSED FROM TRIAL

The former president blasted Manhattan District Attorney Alvin Bragg as "out of control" and said Judge Juan Merchan who is presiding over the case is "highly conflicted." 

"The whole thing is a mess," he said. 

"Joe Biden—he’s the one that should be in jail," Trump said. "He’s a crook. We’ve got a crooked president. He should be on trial with all the stuff he’s done in his family." 

Trump was seemingly referring to the Biden family's business dealings, which have been under investigation by House Republicans. Those lawmakers launched an impeachment inquiry against Biden. 

Hunter Biden is currently under investigation by Special Counsel David Weiss who has charged the first son twice, in two separate jurisdictions. 

Trump again said Biden "should be on trial," but said: "He’s the one in charge." 

TRUMP HUSH MONEY TRIAL: JUROR EXCUSED AFTER SAYING SHE DOES NOT THINK SHE CAN BE FAIR

Trump claimed that Biden’s "top people are here working with the DA’s office to make sure everything goes right." 

"But it shouldn’t go right because they have no case," He said. "And that is what this is all about." 

Trump said that under Biden, the United States is "devolving into a Third World country, between having no borders, having no justice, and having a press that doesn’t want to cover the facts." 

TRUMP SAYS CRIMINAL TRIAL IS HAVING 'REVERSE EFFECT' AS HE CAMPAIGNS AT NEW YORK BODEGA, VOWS TO SAVE CITY

Trump, the presumptive Republican presidential nominee, has been charged by Manhattan District Attorney Alvin Bragg with 34 counts of falsifying business records in the first degree. The charges are related to alleged hush money payments made to adult film actress Stormy Daniels ahead of the 2016 presidential election. 

Trump has pleaded not guilty to all counts. He has blasted the trial as pure politics, a "political persecution" and maintains his innocence. The former president is expected to testify during his trial. 

"I tell the truth," Trump said last week, when asked about his possible testimony. 

Trump is the first president in United States history to stand criminal trial. 

This is a developing story. Please check back for updates. 

Senate pushes forward FISA surveillance bill as expiration looms

The Senate voted to proceed to debate on a bill to renew Section 702 of the Foreign Intelligence Surveillance Act (FISA) on Thursday, clearing an important procedural hurdle before the previous version expires on Friday. 

A cloture motion to begin voting on the bill passed by a vote of 67-32, with senators of both parties supporting and opposing it. The chamber was able to avoid a potential filibuster by breaking the necessary 60-vote threshold. 

"We obviously don’t have a lot of time left before FISA authorities expire. In fact, less than two days," Majority Leader Chuck Schumer, D-N.Y., said on the floor ahead of the vote to begin debate. 

‘CONSTITUTIONAL AUTHORITY’ OF SENATE DEMS QUASHING MAYORKAS IMPEACHMENT TRIAL QUESTIONED BY EXPERTS

The renewal has the support of both Schumer and Senate Minority Leader Mitch McConnell, R-Ky. The Kentucky Republican warned his Senate colleagues against pushing for an amendment to require warrants, as Republicans in the House did unsuccessfully. 

"Misguided efforts to require a criminal-law warrant to sort and organize those data on U.S. persons would end the ability of the FBI to keep America and Americans safe," McConnell said earlier this week. 

"Frankly, they would forget the lessons of 9/11," he claimed. "So I’ll oppose any such efforts and urge my colleagues to do the same."

He noted that senators should expect votes on Friday if FISA is not reauthorized on Thursday. 

Some of the prominent senators voicing their opposition to the FISA bill are Sens. Mike Lee, R-Utah, and Rand Paul, R-Ky. Lee has made his objections to the lack of a provision requiring a warrant known. "The documented abuses under FISA should provoke outrage from anyone who values the Fourth Amendment Rights of American citizens," he said in a March statement while introducing a bipartisan bill to amend FISA. 

RAND PAUL SAYS EMAIL EXCHANGE BETWEEN TOP FAUCI AIDE AND ECOHEALTH ‘LOOKS LIKE A COVER-UP’

Paul has further claimed the bill allows "spying on Americans through FISA, the way they spied on Trump."

On the other side, Sen. Jon Tester, D-Mont., also came out against the renewal. "I do not support reauthorizing FISA Section 702 in its current form and call on the Senate to take action to stop warrantless searches by the government and law enforcement agencies to protect Montanans’ freedom and privacy," he said in a statement. 

REPUBLICANS PREDICT DEMS TO PAY 'HEAVY PRICE' IN ELECTION AFTER MAYORKAS IMPEACHMENT BID FAILS

Sen. Ron Wyden, D-Ore., claimed the measure would "dramatically" expand the powers given to the government under FISA. 

"The government can force you to help it spy," he said in a statement. "That means anyone with access to a server, a wire, a cable box, a Wi-Fi router, a phone, or a computer." 

However, a much larger bipartisan coalition have underscored why they think renewing FISA is so important. "In this dangerous climate, it is clear that shutting down FISA would be the biggest national security mistake in the history of America," Sen. Lindsey Graham, R-S.C., said in a statement last week.

FBI Director Christopher Wray also recently pleaded with Congress to reauthorize the security tool, telling a House committee that "failing to reauthorize 702 or gutting it with some kind of warrant requirement would be dangerous and put American lives at risk." 

While many push for a quick renewal, several senators have expressed their desire to see changes to the legislation, putting passage before the Friday deadline in doubt.

Lawmakers berate Mayorkas on Laken Riley murder: ‘Your policies in action’

Republican lawmakers on Thursday tore into Homeland Security Secretary Alejandro Mayorkas over the release of the Venezuelan illegal immigrant now charged with the murder of Georgia nursing student Laken Riley -- accusing the agency of having released him into the U.S. unlawfully.

Lawmakers grilled the embattled secretary on Jose Ibarra, an illegal immigrant from Venezuela, who is accused of killing Riley on Feb. 22, while she was jogging at the University of Georgia in Athens.

Immigration and Customs Enforcement (ICE) confirmed with Fox News Digital previously that U.S. Customs and Border Protection (CBP) had encountered Ibarra on Sept. 8, 2022, and he had been "paroled and released for further processing."

HAITIAN MIGRANT CHARGED WITH RAPE OF 15-YEAR-OLD GIRL ENTERED VIA CONTROVERSIAL PAROLE PROGRAM: SOURCES 

But lawmakers cited the parole case file showing that Ibarra had been released due to an alleged lack of detention space – although some conservatives have pointed to data showing that ICE was not near maximum capacity at the time of Ibarra's release. The statute governing parole, however, says that releases are only allowed due to urgent humanitarian reasons or "significant public benefit." Republicans have accused the administration of abusing parole with its broad policies at the border, saying that the paroles often do not meet these criteria.

Ranking Member Rand Paul asked Mayorkas about Ibarra’s release and about the legality of the basis for his parole. Mayorkas said that he would not comment on the case.

"All our hearts break for the family of Miss Riley. Secondly, the perpetrator of this heinous criminal act needs to meet justice to the fullest extent of the law. And I will not comment on the particulars of the case, because the matter is being prosecuted by authorities now," he said.

When Paul followed up, including asking the secretary if he was pleading the Fifth, Mayorkas said "I have provided my answer" but later expanded.

"There are different bases for parole. I am not a legal expert in this regard, but let me assure you that when an individual is encountered at the border, and they are deemed to be at the time of encounter a threat to public safety or national security, they are a priority for detention," he said. "If not, they receive a notice to appear and are placed in immigration enforcement proceedings. The number of individuals encountered at the border exceed the number of beds available in our detention facilities. That is not something specific to this administration."

But Sen. Josh Hawley, R-Mo., then turned up the heat by reading directly from the parole file, which lawmakers had obtained. He also revealed that Ibarra had been given a work permit, despite having been accused of a crime against a child in New York and having the charges later expunged by local authorities.

"Nothing is done to this guy. He had a criminal record to start with, he's in the country on illegal grounds. You have falsely and illegally allowed him in. He committed a crime against a child. He's not prosecuted, it's expunged. In November, get this, in November, Ibarra files an application for employment authorization. And unbelievably, on December 9, 2023, it's approved," he said.

"So this is your policies [sic] in action, Mr. Secretary," he said.

JIM JORDAN ACCUSES MAYORKAS OF WITHHOLDING FILES OF ALLEGED ILLEGAL IMMIGRANT CRIMINAL

"I am confident that justice will be vindicated in the criminal prosecution of the case," Mayorkas responded, which led Hawley to make a reference to the recent impeachment effort against Mayorkas.

Well, hopefully he'll get more of a trial than you got," he said. "Otherwise, there'll be no justice for anyone at all." 

Separately, Sen. Roger Marshall, R-Kansas, raised the CHNV (Cuban, Haitian, Nicaraguan and Venezuelan) parole program, which allows up to 30,000 migrants a month to fly or travel directly into the U.S. via parole.

"Why are you mass importing tens of thousands of Venezuelans into our country via parole, knowing they can't be deported, because Venezuela isn't exactly accepting removal flights? He asked him.

CLICK HERE FOR MORE COVERAGE OF THE BORDER SECURITY CRISIS

"We are not doing that, senator," Mayorkas said. "The term ‘importation’ is incorrect."

Mayorkas also said it was false to say that Venezuela won’t take return flights.

"So, why do you say it's not correct when it's been suspended? That's why Americans don't trust you," Marshall fired back.

Fox News' Aubrie Spady and Greg Wehner contributed to this report.

Dem senator’s claim downplaying border crisis resurfaces after staffer killed by illegal immigrant

Sen. Catherine Cortez-Masto, D-Nev., claimed that there were "no open borders," just two days before the migrant arrested in a deadly car accident that killed her adviser illegally entered into the U.S.

In a resurfaced video from March 10, 2021, a month when Customs and Border Patrol (CBP) reported over 170,000 migrant encounters at the border, Cortez Masto is seen telling MSNBC that there was "a lot of misinformation" surrounding the southern border crisis.

"There's no open border," the Democrat Senator claimed. "As someone who was attorney general for eight years, my state worked very closely on the border with Mexico. There are no open borders."

Just two days later, on March 12, 2021, an illegal immigrant by the name of Elmer Rueda-Linares reportedly entered at or near the Rio Grande City, Texas, Port of Entry without inspection by an immigration official, ICE confirmed to Fox News Digital. That same migrant would go on to be arrested in connection with the death of one of Cortez Masto's own senior advisers.

ILLEGAL IMMIGRANT ARRESTED IN CRASH THAT KILLED DEMOCRATIC SENATOR'S ADVISER

Kurt Englehart, senior advisor to Cortez Masto, was killed in a car collision south of Downtown Reno, Nevada, on April 6, 2024. Rueda-Linares, the illegal migrant driving the vehicle that collided with Englehart, was arrested and charged with failing to stop at the scene of the accident.

HAITIAN MIGRANT, NOW A DOUBLE HOMICIDE SUSPECT, WAS ALLOWED INTO US BY BIDEN ADMIN VIA CONTROVERSIAL APP

CBP noted that encounters increased by 71 percent over February 2021 in March of that year, the same month Cortez Masto made the claim about the border.

Also that month, Fox News Digital reported that CBP agents had encountered a "large group" of illegal immigrants near Las Lomas, Texas, apprehending 134 illegal immigrants who had come to the southern border from Honduras, El Salvador, Guatemala and Nicaragua.

When asked about the 2021 comment, a spokesperson for Cortez Masto stated that the Senator "has repeatedly pushed for additional border security funding under both the Trump and Biden administrations." Cortez Masto signed a letter in 2020 that demanded the reversal of Trump-era border policies, "condemning the Trump Administration for its harmful policies that have dismantled the United States’ asylum system."

"Senator Cortez Masto has repeatedly pushed for additional border security funding under both the Trump and Biden administrations and voted in February for the bipartisan border security package that Donald Trump and Senate Republicans refused to consider," Lauren Wodarski, spokesperson for Cortez Masto, told Fox News Digital in a statement. "To indicate otherwise is a distortion of her record."

In February 2021, Cortez Masto voted against an amendment that would prioritize "taking into custody aliens charged with a crime resulting in death or serious bodily injury."

Again in August 2021, Cortez Masto voted against establishing "a deficit-neutral reserve fund relating to ensuring that the Department of Homeland Security, pursuant to Title 42, United States Code, conducts expulsions of illegal immigrants who may contribute to the spread of COVID-19, including any of the dangerous variants originating overseas, in order to protect the public health of the American People, save American lives, and assist in eradicating the COVID-19 pandemic in the United States." 

The Senator has since cosponsored pieces of legislation that seek to combat the ongoing fentanyl crisis. In 2024, Cortez Masto cosponsored the Stop Fentanyl at the Border Act "to improve border security, imposing new reporting requirements relating to border security, and enhancing criminal penalties for destroying or evading border controls," as well as signing onto the bipartisan Fentanyl Eradication and Narcotics Deterrence (FEND) Off Fentanyl Act with GOP Sen. Tim Scott, R-S.C.

Most recently, the Democrat voted to dismiss the articles of impeachment filed against Department of Homeland Security Secretary Alejandro Mayorkas over his handling of the southern border crisis.

Republicans in the House unveiled articles of impeachment against Mayorkas in January, claiming that the Biden administration secretary has "repeatedly violated laws enacted by Congress regarding immigration and border security."

"In large part because of his unlawful conduct, millions of aliens have illegally entered the United States on an annual basis with many unlawfully remaining in the United States," Republicans alleged. "Alejandro N. Mayorkas knowingly made false statements to Congress that the border is 'secure,' that the border is ‘no less secure than it was previously,’ that the border is 'closed,' and that DHS has ‘operational control’ of the border."

Cortez Masto called the impeachment inquiry a "waste of time." 

"There is no evidence that @SecMayorkas committed high crimes and misdemeanors, so I voted to end this waste of time," the Senator said in an April 17 post on X. "Republicans could have made real policy changes, but they decided to play games and killed the bipartisan border package in favor of this frivolous impeachment."

During the Senate's meeting Wednesday on the dismissal of impeachment articles against Mayrokas, Sen. Mike Lee, R-Utah, appeared to mention the incident in which Cortez Masto's staffer was killed as an example of ramifications of the ongoing southern border crisis. 

"The consequences of our open border policy can touch all of us," Lee said. "One of our dear, respected colleagues having lost a beloved staff member in the last few days. Having lost that staff member as a consequence of the actions taken by an immigrant in this country, who was here unlawfully, who shouldn't have been here. That's a troubling thing."

Fox News' Michael Dorgan contributed to this report.

Biden mocks Trump for legal woes: ‘A little busy right now’

President Biden took a jab at his presumptive Republican rival for the presidency while campaigning in Pennsylvania.

Biden made the remark while speaking at the United Steelworkers headquarters in Pittsburgh, Pennsylvania, on Wednesday.

"Under my predecessor, who’s a little busy right now, Pennsylvania lost 275,000 jobs," Biden said while boasting of his economic policies' benefit to blue collar workers.

WHITE HOUSE DEEMS HOUSE IMPEACHMENT INQUIRY 'OVER,' PRESIDENT BIDEN FORMALLY DECLINES TO TESTIFY

United Steelworkers endorsed the Biden-Harris ticket last month, applauding the president's investments in "worker-centered trade policy."

"President Biden proved time and again during his first term that he stands with working families," USW International President David McCall said in the March announcement. 

He added, "His vision and leadership allowed our nation to strengthen workers’ access to collective bargaining, grow the middle class, and embark on a path to widespread prosperity."

BIDEN RETURNS TO CAMPAIGN TRAIL AS TRUMP FORCED TO REMAIN IN COURT FOR SECOND DAY OF NEW YORK HUSH MONEY TRIAL

While Biden is on the road campaigning, Trump is currently stuck in New York City for his criminal trial surrounding alleged hush money payments to Stormy Daniels during his successful 2016 presidential campaign. 

Trump has been charged with 34 counts of falsifying business records in the first degree. It is the first ever criminal trial of a former president.

Trump has been ordered to attend the daily court proceedings of the trial. Judge Juan Merchan told Trump that if he fails to be present, a warrant will be issued for his arrest.

"It’s a scam. It’s a political witch hunt," Trump said after court adjourned Monday. Trump pleaded not guilty to all counts last year.

Fox News Digital's Lawrence Richard contributed to this report.

‘Constitutional authority’ of Senate Dems quashing Mayorkas impeachment trial questioned by experts

Constitutional law experts are examining the implications of the precedent set by Senate Democrats on Wednesday, when they killed the impeachment trial of Department of Homeland Security Secretary Alejandro Mayorkas, effectively dismissing it. 

After the Senate deemed both articles of impeachment unconstitutional, the upper chamber adjourned, quashing all hope for a trial on Mayorkas' alleged crimes. This was historically significant, as an impeachment trial had never been dismissed, tabled or otherwise discarded without the accused official having first exited their role in one way or another. 

"The Senate has no constitutional authority to rule that the articles approved by the House do not state impeachable offenses," explained Andrew McCarthy, a former chief assistant United States attorney in the Southern District of New York and a senior fellow at the National Review Institute. 

SENATE STRIKES DOWN BOTH IMPEACHMENT ARTICLES AGAINST BIDEN BORDER CHIEF

The sole power to determine impeachable offenses lies with the House, McCarthy noted. This means neither the Senate nor a court of law would be within their rights to undermine the House's ability to make such determinations. 

Senate Majority Leader Chuck Schumer, D-N.Y., proposed two points of order during the court of impeachment deeming both articles of impeachment unconstitutional, which were passed by the Democratic majority. 

"This essentially nullifies the House’s important role in the impeachment process," McCarthy said. 

Alternatively, the Senate would have been well within its rights to "hold a trial and ultimately acquit Mayorkas of the charges," he added. 

REPUBLICANS PREDICT DEMS TO PAY 'HEAVY PRICE' IN ELECTION AFTER MAYORKAS IMPEACHMENT BID FAILS

The brief impeachment trial proceedings revealed "yet another of our constitutional norms is being undermined," said Randy Barnett, a renowned legal scholar and professor of constitutional law at the Georgetown University Law Center. 

However, Alan Dershowitz, a prominent constitutional scholar and emeritus professor of law at Harvard Law School, claimed, "There are no constitutional impeachment criteria charged."

He explained further that "dismissal is proper."

SENATE DEMS REVEAL MASSIVE $79M AD SPEND TO PROTECT MAJORITY AHEAD OF KEY MATCHUPS

McCarthy warned that "Democrats will come to regret it." He explained that in the case that Democrats take over the House's majority and Republicans the Senate, "Democrats will be undermined by the precedent they have set — especially if Donald Trump is elected president again."

Democrats would likely seek to once again impeach former President Trump if he is elected in November, McCarthy said, and "they have now handed Republicans a precedent authorizing the Senate to ignore the House."

Barnett claimed that impeachment is "ultimately a political power" and thus, political use of it is expected. However, he suggested that "the political nature of impeachment" is exactly what "necessitates the House having the opportunity to present its case both to the Senate and to the electorate in a public trial." This was prevented from taking place in the Senate. 

WHITE HOUSE DEEMS HOUSE IMPEACHMENT INQUIRY 'OVER,' PRESIDENT BIDEN FORMALLY DECLINES TO TESTIFY

"The only reason Republicans impeached Mayorkas was to get a high-profile hearing that would rivet the public’s attention to Biden’s border crisis," added McCarthy, who noted that the House understood they would never see a conviction or removal. 

"The Senate Democrats’ move does deny that public hearing," he said. For this, Democrats will "take a political hit," he continued. 

However, McCarthy described that Senate Democrats made a political calculation, ultimately determining that "it would be better to be criticized for not conducting a trial than to hold a trial," placing President Biden's border policies at the forefront and Democratic senators on record acquitting Mayorkas. 

This, he said, would look like the Democrats "endorsing Biden’s non-enforcement policies."

Republicans predict Dems to pay ‘heavy price’ in election after Mayorkas impeachment bid fails

Republicans warned that vulnerable Senate Democrats would be punished in the upcoming November general election for their votes to kill the impeachment trial of Department of Homeland Security Secretary Alejandro Mayorkas. 

"Every Democrat will pay a heavy price in November for willfully refusing to end this border crisis," said Republican conference Chairman John Barrasso, R-Wyo., in a statement following the impeachment trial proceedings. 

Senate Majority Leader Chuck Schumer, D-N.Y., proposed points of order after senators were sworn in as jurors to deem both of the House-passed articles of impeachment unconstitutional. Votes on the points of order were along party lines, with all Democrats agreeing that both articles were in fact unconstitutional. 

SENATE DEMOCRATS KILL BOTH ARTICLES OF IMPEACHMENT AGAINST DHS SECRETARY MAYORKAS

This included all five of the most vulnerable Democratic incumbents, Sens. Tammy Baldwin, D-Wis., Jon Tester, D-Mont., Sherrod Brown, D-Ohio, Bob Casey, D-Penn., and Jacky Rosen, D-Nev. 

"The American people will hold Senate Democrats accountable for this shameful display," warned House Republican leaders in a joint statement from Speaker Mike Johnson, R-La., Majority Leader Steve Scalise, R-La., Majority Whip Tom Emmer, R-Minn., and Republican conference Chairwoman Elise Stefanik, R-N.Y.

"History will not be forgiving of Democrats' decision to table this hearing," echoed Sen. Roger Marshall, R-Kan., in a statement. "The American people will hold Mayorkas accountable at the ballot box this November."

Sen. John Cornyn, R-Texas, additionally slammed his Democratic counterparts for disregarding "their duty to the American people."

GOP SENATOR EYES LEGISLATION TO DEFUND 'PROPAGANDIST' NPR AFTER SUSPENSION OF WHISTLEBLOWER

In his own statement following the decision to vote in line with his party, Tester said, "Montanans want real solutions that secure the border, not partisan games from D.C. politicians."

He urged "President Biden and Secretary Mayorkas to use their remaining executive authorities to help secure our border," and asked his colleagues in the Senate to revisit the bipartisan border package that was abandoned following former President Trump's public disapproval.  

Tester's race is considered one of the most competitive races in the country heading into November. 

"Senate Democrats just showed voters they will do nothing to hold Joe Biden and DHS Secretary Alejandro Mayorkas accountable for the disastrous border policies that caused this crisis," National Republican Senatorial Committee spokesman Tate Mitchell said in a statement. 

SENATE DEMS REVEAL MASSIVE $79M AD SPEND TO PROTECT MAJORITY AHEAD OF KEY MATCHUPS

Republicans further lamented the precedent set by Wednesday's impeachment trial proceedings. "This means that the Senate can ignore, in effect, the House's impeachment," Senate Minority Leader Mitch McConnell, R-Ky., remarked on the chamber floor following the Senate adjourning. 

"This is a day that's not a proud day in the history of the Senate," he added. 

Throughout the Senate's history, charges and trials have only ever been dismissed when the impeached individual had resigned or was otherwise no longer in office. 

Cornyn noted the precedent set is "unfortunate" and part of the Democrats' larger effort "to sweep the Biden administration’s failing border policies under the rug."

"In 2020, Dems voted to impeach Trump without even charging a crime. Today they voted that a *felony* CANNOT be an impeachable crime. It’s beyond absurd," claimed Sen. Josh Hawley, R-Mo., comparing the impeachment trial proceedings to those of Trump during his presidency. 

TRUMP'S LOAN PROPOSAL FOR UKRAINE AID MAY BE COMMON GROUND FOR COMPREHENSIVE FOREIGN AID PACKAGE

While Republicans denounced the proceedings that unfolded on the Senate floor, President Biden's administration rejoiced over the result. 

"Today’s decision by the Senate to reject House Republicans’ baseless attacks on Secretary Mayorkas proves definitively that there was no evidence or Constitutional grounds to justify impeachment," said Mia Ehrenberg, DHS spokesperson, in a statement. 

Ian Sams, White House spokesperson for Oversight and Investigations, added in his own statement, "Once and for all, the Senate has rightly voted down this baseless impeachment that even conservative legal scholars said was unconstitutional."

He also noted that Biden and Mayorkas would "continue doing their jobs to keep America safe and pursue actual solutions at the border."

Get the latest updates from the 2024 campaign trail, exclusive interviews and more at our Fox News Digital election hub.

Fox News Politics: Capitol grill

Welcome to Fox News’ Politics newsletter with the latest political news from Washington D.C. and updates from the 2024 campaign trail. 

What's happening? 

- Democrats express openness to saving Speaker Mike Johnson

- Seven jurors have been selected in Trump's trial

- Far left reps launch "Protect the Squad" fundraising effort

In the Senate, the impeachment trial was over practically before it began.

Before House managers even presented the articles of impeachment against Department of Homeland Security Secretary Alejandro Mayorkas, Democrats in a series of party-line votes dismissed the matter altogether.

The first of two articles of impeachment alleged Mayorkas engaged in the "willful and systemic refusal to comply with the law" regarding the southern border in his capacity as DHS secretary. The second claimed Mayorkas had breached public trust.

"This process must not be abused. It must not be short-circuited. History will not judge this moment well," said Senate Minority Leader Mitch McConnell, R-Ky., as he motioned to table the point of order from Schumer.

House Republicans on Wednesday grilled Columbia University president on the employment of a professor who celebrated the Oct. 7 Hamas attacks as "awesome." The university president at first said the professor had been removed as chair of a committee, but Rep. Elise Stefanik pointed out he was still listed in that role online. Columbia's president later promised that the prof would be removed as chair, if he still served in the role.

'ALARMING': GOP bill cracks down on dark money after foreign billionaire donates eye- popping amount boosting Dems …Read more

JOHNSON'S COMPROMISE: Speaker Johnson says border security bill will get vote alongside foreign aid …Read more

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Senate votes down first impeachment article against DHS Secretary Mayorkas

The first article of impeachment against Department of Homeland Security Secretary Alejandro Mayorkas was deemed unconstitutional by the Senate on Wednesday in a party-line vote. 

The first of two articles of impeachment alleged Mayorkas engaged in the "willful and systemic refusal to comply with the law" regarding the southern border in his capacity as DHS secretary. 

Majority Leader Chuck Schumer, D-N.Y., proposed a point of order declaring the article unconstitutional, to which the majority of senators agreed following several failed motions by Republicans.

The article was deemed unconstitutional by a vote of 51-48, with Sen. Lisa Murkowski, R-Alaska voting present. 

This is a developing story. Please check back for updates.