Mayorkas impeachment: petty, doomed … but still potentially damaging

In 1876, the last US cabinet official to be impeached, William Belknap, resigned before the House could vote on the matter. Ulysses S Grant’s secretary of war was tried in the Senate anyway, on charges of corruption, but escaped conviction.

Nearly 150 years later, in the House on Tuesday and at the second time of asking, Republicans corralled just enough votes to ensure Joe Biden’s secretary of homeland security, Alejandro Mayorkas, suffered Belknap’s fate. But Mayorkas has not resigned – and nor is he likely to be convicted and removed.

Democrats control the Senate, which means Mayorkas is all but certain to be acquitted at any trial, regardless of reported doubts among Republican senators about their party’s case.

After the 214-213 vote to impeach, Chuck Schumer, the Democratic Senate majority leader, set out what will happen next. House managers will present the articles of impeachment after Monday’s President’s Day holiday. Senators will be sworn in as jurors. And Patty Murray of Washington state, the Democratic Senate president pro tempore, will preside thereafter.

Schumer also issued a stinging statement.

“This sham impeachment effort is another embarrassment for House Republicans,” the New Yorker said. “The one and only reason for this impeachment is for Speaker [Mike] Johnson to further appease Donald Trump.”

The Mayorkas impeachment is of a kind with Senate Republicans’ decision last week to detonate their own hard-won border and immigration bill because Trump, their likely nominee for president, wants to campaign on the issue.

Schumer continued: “House Republicans failed to produce any evidence that Secretary Mayorkas has committed any crime. House Republicans failed to show he has violated the constitution. House Republicans failed to present any evidence of anything resembling an impeachable offense. This is a new low for House Republicans.”

Most observers agree that the charges against Mayorkas – basically, that he performed incompetently and violated immigration law regarding the southern border – do not remotely rise to the level of “high crimes and misdemeanours”, as constitutionally required for impeachment and removal.

Perhaps with a nod to the unfortunate Belknap, the Biden White House weighed in, saying: “History will not look kindly on House Republicans for their blatant act of unconstitutional partisanship that has targeted an honorable public servant in order to play petty political games.”

But history also records that all impeachments (and impeachment efforts, such as that mounted by Republicans against Biden himself) are inherently political, so this one could prove as politically potent as did those of Trump. Both Trump impeachments concerned behaviour – blackmailing Ukraine for political dirt and inciting the January 6 attack on Congress – much closer by any standard to the status of high crimes and misdemeanours. Regardless, Republicans ensured Trump was acquitted in both and have since fed Trump’s fierce desire for revenge.

The Mayorkas impeachment was driven by Trump-aligned extremists prominently including Marjorie Taylor Greene of Georgia.

Speaking to reporters on the Capitol steps on Tuesday, the same day the Senate passed a $95bn national security package including funding for Ukraine in its war with Russia, Greene said she was “very thankful to our Republican Congress. We’re finally working together with the American people to send a message to the Biden administration that it’s our border that matters, not other countries’ borders. Our border matters.”

Claiming Mayorkas was guilty of “willful betrayal of the American people and breaking federal immigration laws”, Greene also said the impeachment “sends a message to America that Republicans can get our job done when we work together and do what’s important and what the American people want us to do.”

If there were any remaining doubt that Mayorkas was impeached in service of pure politics, Greene said senators set to sit as jurors should “look at the polling. They know that our border security is the No 1 issue in every single campaign in every single state, every single city, in every single community … They better pay attention to the American people.”

It is not certain, however, that a trial will happen.

Joshua Matz, a lawyer who has written extensively on impeachment and worked on both impeachments of Trump, recently told Politico: “Impeachment trials are meant to be deadly serious business for matters of state – not free publicity for the House majority to air policy attacks on the current administration.”

The Mayorkas impeachment articles, Matz said, are “so manifestly about policy disagreement rather than anything that could arguably qualify as high crimes and misdemeanours, that it would be unwarranted to waste the Senate’s time with the trial on the matter.

“The articles are formally deficient in so many ways that any trial would be flagrantly unfair and create such grave due process issues that it would be outrageous to even proceed.”

Senate Democrats could bring up a simple motion to dismiss the Mayorkas charges, a gambit which would be likely to succeed, given indicated support from the West Virginia centrist Joe Manchin, a key swing vote in the narrowly divided chamber. Less starkly, Democrats could seek to tie proceedings up in procedure, options including sending the charges to a committee, there to sit in limbo throughout an election year.

All choices carry political peril, however. On Wednesday, the news site Semafor quoted an unnamed Republican aide as saying: “If Democrats give Republicans the opportunity to say that they are sweeping this under the rug, we will gladly take it.

“If this is the sham Democrats claim it is, why would they be afraid of holding a trial?”