Senate Republicans are aiming to have as many votes as possible during the initial proceedings of the impeachment trial of Department of Homeland Security Secretary Alejandro Mayorkas before Democrats succeed in dismissing the trial. Majority Leader Chuck Schumer has announced his plan to seek a dismissal of the House-passed articles of impeachment, although he had not previously confirmed the Democratic plan to dismiss the trial. Negotiations are ongoing between the two parties regarding the structure of the proceedings.
The potential agreement being discussed involves allowing Republicans to propose eight points of order against motions to dismiss, with each point of order requiring its own vote. This would lengthen the process and require Democrats to go on record on several components of the impeachment articles against Mayorkas. Schumer has stated that he intends to allow both points of order and debate time to accommodate the wishes of Republican Senate colleagues. The agreement being sought would also include 90 minutes of open debate after senators are sworn in as jurors.
One of the resolutions that would receive a vote is from Senator Mike Lee, calling for a full Senate trial, while another from Senator Ted Cruz would refer the matter to a Senate Impeachment Trial committee first. The GOP is seeking to use every option possible to require more votes within the impeachment trial process, putting their Democratic colleagues on record as much as possible. Republicans see the debate time as an opportunity to make the case for Mayorkas’s impeachment heard on the floor.
While the impeachment trial is likely to ultimately be dismissed, Republicans will have several opportunities to put Democrats, particularly those up for re-election in pivotal states, on the record on multiple immigration and border related topics. Schumer’s plan for dismissal is preferable to a motion to table, as tabling the trial has never happened with impeachment proceedings and does not allow for arguments from impeachment managers, defense counsel, or debate between senators. The negotiated agreement for unanimous consent will require no objections from senators, and Schumer has urged them not to object.
