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The Hitchhiker’s Guide to Mayorkas’s impeachment trial

Posted on by Latest Political News on Fox News

We’ve seen impeachment trials a lot on Capitol Hill in recent years. The Senate conducted two impeachment trials of former President Trump in early 2020 and early 2021.

But no living American has ever witnessed the impeachment trial which is about to begin in the United States Senate.

Blink and you might miss it.

The House impeached Homeland Security Secretary Alejandro Mayorkas in February. The House accuses Mayorkas of not following the law when it comes to securing the border and lying to Congress. Mayorkas became only the second cabinet secretary ever impeached. The first was Secretary of War William Belknap in 1876. Senate Majority Leader Chuck Schumer, D-N.Y., hasn’t tipped his hand yet on how he’ll handle the articles, but Schumer is expected to move to dismiss or table the articles. The Senate must vote to do that. If all 51 senators who caucus with the Democrats vote to punt, they can extinguish the trial quickly.

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But don’t expect Republicans to go quietly.

House Speaker Mike Johnson, R-La., says the Senate is obligated to conduct a full trial of Mayorkas and render judgment. Sen. Mike Lee, R-Utah, and other Republicans may try to elongate the trial. They argue that senators have a constitutional obligation to listen to arguments for and against impeachment. So expect them to make points of order – possibly forcing the Senate to vote – to consider the articles. However, Senate Democrats can euthanize each of those points of order – if they stick together and table each of the GOP motions.

Still, the trial might not last long. But here’s the minimum which must unfold on the Senate floor over the coming days.

Expect the following:

The House voted to impeach Mayorkas by a solitary vote in February. The House failed in its first effort to impeach after Rep. Al Green, D-Tex., materialized unexpectedly (directly from the hospital) and foiled the GOP’s plans. After a second vote to impeach, the House then appointed 11 impeachment "managers." They serve as de facto "prosecutors," presenting the House’s case to the Senate. House Homeland Security Committee Chairman Mark Green, R-Tenn., serves as the lead impeachment manager. All 100 senators will sit as "jurors" when the trial begins. Mayorkas does not appear at the trial nor is he required to attend.

On Wednesday, House Sergeant at Arms Bill McFarland and Acting Clerk of the House Kevin McCumber will escort the managers and the articles of impeachment themselves from the House, across the Capitol Rotunda, to the Senate wing of the Capitol. That’s where the Senate will "receive" the articles of impeachment. Senate Sergeant at Arms Karen Gibson will greet the House entourage in the Senate wing of the Capitol and escort everyone to the Senate chamber.

All 100 senators will await the coterie from the House. Sen. Patty Murray, D-Wash., is the President Pro Tempore of the Senate – the most senior member of the majority party. She will preside over the impeachment trial – not Chief Justice of the United States John Roberts. The Chief Justice typically only presides over impeachment trials involving the President or Vice President. Roberts was in charge for former President Trump’s first trial in 2020. But then-Sen. Patrick Leahy, D-Vt., presided over the second impeachment trial in 2021. Leahy was the Senate’s President Pro Tempore back then.

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The impeachment articles are then read to the Senate.

It’s possible Lee and company could try to offer their motions then. But Murray could rule him out of order. The Senate hasn’t even sworn-in senators yet to adjudicate the trial. Moreover, the Senate could find itself either in legislative session (working on a bill) or executive session (working on a nomination) when the Senate stops its action to receive the articles. Therefore, motions by senators pertaining to the trial aren’t applicable at that moment.

Under Senate impeachment rules, things really get started the next day at 1 pm ET. That’s when the Senate swears in the senators. Gibson will announce that everyone should remain quiet "on pain of imprisonment." At that point, we are technically "in trial." Thus, motions are in order. In the past, the Senate could consider a resolution to establish parameters for how to handle the trial. Schumer could possibly move immediately to dismiss or table the articles. Or Lee and company could make their motions as well.

But here’s the problem for Republicans:

Schumer is the Senate Majority Leader. As Majority Leader, Schumer is recognized first by Murray, the presiding officer. Schumer could potentially short-circuit anything Republicans want to do by jumping ahead and making a motion to table or dismiss. The Senate would then vote on whether to halt proceedings right there. Republicans may never get a shot.

It is important to note that senators don’t "debate" during an impeachment trial. However, they could agree to debate in closed session – not out in the open.

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However, a vote to dismiss the articles – or on anything Republicans cook up – carries political consequences for Democrats facing competitive re-election bids this fall. Think Sens. Sherrod Brown, D-Ohio, Jon Tester, D-Mont., Bob Casey, D-Mich., Tammy Baldwin, D-Wisc., and Jacky Rosen, D-Nev. Republicans will likely weaponize any roll call vote Democrats to truncate the impeachment trial. Republicans will try to portray these vulnerable Democrats as not taking the border or the charges leveled at Mayorkas seriously.

In short, the trial is likely to be short. Not the impeachment trials of former President Trump. The Senate spread out the first one over a period of 19 days. The second one consumed five days.

In fact, the model for a quick dismissal is an impeachment you probably haven’t heard of: Former federal judge Samuel Kent in 2009.

The House impeached Kent in June 2009. But Kent stepped down before the Senate trial began. The House then adopted a resolution to halt its "prosecution" of Kent. The Senate then voted to dispense with the articles before conducting a trial.

So Kent’s circumstances are not exactly what will go down with Mayorkas. But Kent’s scenario of a quick dismissal is closer to what could unfold in the next few days compared to the more robust trials of former President Trump.

Race for Illinois prosecutor seat features former appellate judge, professor with Democratic backing

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An open seat to lead the nation’s second-largest prosecutor’s office has become one of the most spirited races in the Illinois primary with a Democratic matchup between a tough-on-crime judge and an attorney with union and establishment backing.

The Cook County state’s attorney primary features Eileen O’Neill Burke, a former appellate judge with a large campaign war chest, versus Clayton Harris III, a professor and former prosecutor who’s held government posts.

The race is the latest example of how the legacy of progressive Democrats who swept into big city prosecutor offices over the past decade has fractured. Some, including in Los Angeles, face tough reelection bids with blame on progressive policies for perceptions that cities are less safe. Others have resigned or face possible impeachment.

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In Chicago, Democrats hoping to replace outgoing State’s Attorney Kim Foxx are walking a line, saying they'll uphold some of her progressive policies while also being critical of her tenure.

"We should be booming, and we’re not because of crime," said O’Neill Burke, who's more openly critical of Foxx. "This is something we can fix."

Meanwhile, Harris says punishments must be appropriate and consider racial disparities: "We can focus on our communities being safe without sacrificing justice."

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Neither candidate has high name recognition. But the winner of Tuesday's primary in heavily Democratic Cook County is expected to coast to victory in November.

It’s an open race because Foxx, who easily won her first two elections, declined to run a third time. Her leadership was praised by reformers but also blasted for being soft on crime and the handling of high profile cases like Jussie Smollett.

One campaign issue has been the future of Foxx's controversial policy not to prosecute retail theft as a felony unless the value of the stolen goods is over $1,000. State law sets a $300 felony threshold.

Harris said he’d continue the practice.

"If someone came and took my cellphone, is that cellphone worth a felony on your record? I do not think so," he said. "We look at recidivism. We charge everyone appropriately."

O’Neill Burke said she’d scrap it.

"It doesn’t deter crime, it promotes it," she said of Foxx’s change.

In other cities, progressive policies are also being blamed for crime and homelessness. That’s even as violent crime, including homicides and shootings, has largely fallen in Chicago and nationwide to the same level as before the onset of the COVID-19 pandemic.

Los Angeles County District Attorney George Gascón survived a nonpartisan primary this month but expects a tough November election. Philadelphia District Attorney Larry Krasner faces the possibility of an impeachment trial. In San Francisco, Chesa Boudin was recalled by voters, while St. Louis Circuit Attorney Kim Gardner resigned.

In the Chicago area, both candidates say Foxx made important strides. The state's attorney's office has more than 700 attorneys and is the largest after Los Angeles.

O’Neill Burke said she’d continue restorative justice efforts for young people and credited Foxx with diversifying the workforce. Harris has held up Foxx’s conviction review unit, which has overturned wrongful convictions, as a national model.

Harris says the prosecutor must improve the relationship with law enforcement.

On the campaign trail, he's talked about his personal life as a Black man raising children on Chicago’s South Side, as well as his professional experience in helping run government and lobbying elected leaders.

"Being a Black man. I’ve been pulled over before for no reason," he said. "We can have safe communities without being racially profiled."

Harris has scrutinized O’Neill Burke’s record as an assistant state’s attorney. He's put a spot spotlight on a decades-old murder case where O’Neill Burke, who is white, helped prosecute a Black child on charges he murdered an older white woman when he was 10 years old.

The conviction was thrown out by a federal judge who found the boy’s confession was coerced by police and taken without a parent or attorney present.

O’Neill Burke now says she’ll advocate for stronger legal protections for children under interrogation, but she wouldn’t change her work on the 1994 case as the boy’s attorney and parents were in court when he took the stand and repeated the confession.

"No one has ever questioned my conduct in this case or any case," she said, calling Harris’ campaign ads about the case a "distraction" for voters.

Harris disagrees.

"Instead of acknowledging that mistakes were made, there has been a doubling down," he said. "That’s the wrong attitude to have."

When it comes to fundraising, O’Neill Burke is ahead, with roughly double the amount of Harris, just under $2 million compared to roughly $750,000. Her sum includes money from top Republican donors.

But Harris has picked up hefty endorsements from labor unions, progressive leaders and the Cook County Democratic Party.

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His Democratic ties are a top target for O’Neill Burke.

Harris was briefly a chief of staff for former Gov. Rod Blagojevich, helping oversee the office after Blagojevich was arrested and ultimately convicted. Harris wasn't accused of wrongdoing.

O’Neill Burke deems Harris a "Democratic insider" while attempting to tie his lobbyist work to Republicans who oppose abortion. Her campaign promises including creating a unit within the prosecutor’s office to protect abortion rights.

"I’ve spent every single day for the last 30 years in a courtroom from every vantage point. That’s a significant advantage," she said in an interview. "He has spent a career answering to politicians and you cannot answer to a politician in this job."

Also running in the primary is Republican former Chicago Alderman Bob Fioretti, who lost a 2020 bid for the office.

User’s Manual to what’s next now that the House impeached Mayorkas

Posted on by Latest Political News on Fox News

The House has now impeached Homeland Security Secretary Alejandro Mayorkas.

Think of impeachment as an indictment. It’s up to the Senate to act as a "court" and judge whether the accused is guilty of the charges in a trial.

The impeachment of cabinet officials is rare. The House has now impeached multiple Presidents and federal judges. But only one cabinet secretary prior to Mayorkas. That was Secretary of War William Belknap in 1876. 

Don’t expect anything to start until late February or early March. The House will send the articles of impeachment plus the House "managers" over to the Senate to formally begin the trial.

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"Impeachment managers" are House members who serve as prosecutors. They present the findings of the House before the Senate. Senators sit as jurors.

There is a bit of a ceremony to send the articles of impeachment to the Senate from the House and for the Senate to receive the articles. In this case, Acting Clerk of the House Kevin McCumber and House Sergeant at Arms William McFarland escort the articles of impeachment and House managers across the Capitol Rotunda to the Senate. The Senate gathers, usually with all senators sitting at their desks. Senate Sergeant at Arms Karen Gibson then receives the House entourage at the Senate door and reads the following proclamation to the Senate.

"All persons are commanded to keep silence, on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against Alejandro Nicholas Mayorkas."

The articles are then presented to the Senate and the managers are introduced. That is all they usually do on the first day of a Senate trial– although FOX was told the Senate might try to squeeze everything into one day.

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Under Senate impeachment trial rule III, the body is supposed to wait until the next day to swear-in senators as jurors. But FOX is told that could happen on day one in this instance.

According to Senate rules, the trial must begin the day after the Senate receives the articles at 1 pm in the afternoon. Trials are supposed to run Monday through Saturday. We had Saturday sessions in both impeachment trials of former President Trump in 2020 and 2021.

It is unlikely that U.S. Chief Justice John Roberts presides over a possible Mayorkas trial. Senate impeachment rule IV requires the Chief Justice to preside over cases involving the President or Vice President. In this case, it’s likely that Senate President Pro Tempore Patty Murray (D-Wash.) presides over a Mayorkas tribunal.

Now we get to perhaps the most interesting question of all. How much of a trial is there? 

The Senate cannot immediately bypass a trial. Senate Majority Leader Chuck Schumer (D-N.Y.) has announced that Mayorkas' trial will begin later in February. The House has named its 11 impeachment managers. Senators will be sworn in as the jury.

Senators can decide to hold a full trial, or potentially, move to dismiss or actually have straight, up or down votes on convicting or exonerating Mayorkas. The Senate could also send the articles to a committee for review.

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In the 1998 impeachment trial of former President Clinton, late Sen. Robert Byrd (D-W.Va.) made a motion to dismiss the charges.

There will eventually be either a vote to convict/exonerate Mayorkas or dismiss the charges. Senate Republicans will watch very closely if Senate Democrats engineer any vote to short-circuit the trial. The GOP will take note of how multiple vulnerable Democrats facing competitive re-election bids in battleground districts vote.

If they vote to end the trial or clear Mayorkas, Republicans will likely enroll that into their campaigns against those Democratic senators. Keep in mind that FOX polling data revealed that border security was the number one issue facing voters in Iowa and New Hampshire. Republicans will examine the trial-related votes of Sens. Sherrod Brown (D-Ohio), Jon Tester (D-Mont.), Bob Casey (D-Pa.), Tammy Baldwin (D-Wis.), Jacky Rosen (D-Nev.) and Kyrsten Sinema (I-Ariz.) – if she runs. 

But the Senate must at least entertain the articles for a day or two – and then render some sort of judgment.

Wisconsin Republicans advance election reform-centric constitutional amendments

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Republicans who control the Wisconsin Legislature have advanced a series of constitutional amendments that would outlaw private funding for elections ahead of the 2024 presidential contest, bar municipalities from allowing non-U.S. citizens to vote in local elections and enshrine existing voter photo ID requirements in the state constitution.

The proposals debated Tuesday at a joint hearing of the Senate and Assembly elections committees stem from false claims made by former President Donald Trump and his supporters that widespread voter fraud tipped the 2020 presidential election in favor of President Joe Biden.

Constitutional amendments must be passed in two consecutive sessions of the state Legislature before being ratified by voters in a statewide election. The governor cannot veto a constitutional amendment.

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Democratic Gov. Tony Evers has previously vetoed more than a dozen Republican-backed elections proposals, including a 2021 bill to outlaw private elections grants.

The Legislature approved the amendments requiring voters to be U.S. citizens and outlawing private elections grants in its last session. The voter ID amendment is a new proposal this year, which means the soonest it could be put on the ballot for voter approval is 2025.

Assembly Majority Leader Tyler August said Tuesday that he hopes to put the amendment outlawing election grants before voters in the statewide April 2024 election and put the citizenship requirements on the November 2024 ballot.

Conservatives were outraged in 2020 by a nonprofit that distributed hundreds of millions of dollars in grants, mostly funded by Facebook founder Mark Zuckerberg, to local election offices. Opponents termed the money "Zuckerbucks" and claimed it was an attempt by the billionaire to tip the vote in favor of Democrats, although there was no evidence to support that. Since 2020, GOP lawmakers in at least 20 states have outlawed private elections grants.

There has also been a recent push for states to specifically make clear that only U.S. citizens can vote in state and local elections. Some cities and towns across the country have allowed noncitizens to vote in local elections. Federal law already requires U.S. citizenship to vote in national elections and no state constitutions explicitly allow noncitizens to vote in state or local elections.

The Wisconsin Constitution guarantees that every U.S. citizen age 18 and over is a qualified elector. But it does not specifically say that only U.S. citizens are qualified to vote in state or local elections.

"I don't think anyone in this room believes noncitizens are going to gain the right to vote in the state of Wisconsin anytime soon," said Jamie Lynn Crofts, policy director for Wisconsin Voices. "It should be up to people at the local level to decide if noncitizens should be able to vote in their local elections."

The photo ID amendment would enshrine the state's current photo ID law, enacted in 2011, in the state constitution. The Legislature could still pass exceptions to the requirement.

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The move to make photo ID a constitutional requirement comes after the Wisconsin Supreme Court flipped to liberal control. There is no current legal challenge to the state's voter ID requirement, which is one of the strictest in the country. But other election-related lawsuits challenging restrictions on absentee voting and ballot drop boxes could be taken up by the state Supreme Court.

Republican supporters at Tuesday's hearing said the voter ID law is designed to ensure that only qualified voters cast ballots. But opponents say voter ID requirements make it more difficult for people to vote, particularly those with disabilities, the elderly and people who don't have driver's licenses.

Under current law, and the proposed amendment, voters must provide one of a list of approved photo IDs in order to cast their ballot. Acceptable IDs include a Wisconsin driver’s license, U.S. passport, tribal ID, U.S. military ID or student ID. Absentee voters must provide a photocopy of their ID when requesting a ballot.

Voters who do not have one of the required photo IDs can vote a provisional ballot and then return by the deadline with the identification to have the ballot counted. The ability to cast a provisional ballot does not change under the proposed amendment.