The U.S. Senate rejected the first of two articles of impeachment against Department of Homeland Security Secretary Alejandro Mayorkas, declaring it “unconstitutional.”

Sen. Lisa Murkowski (R-AK) voted present.

The remaining senators voted along party lines in a 51-48 tally against the first article of impeachment.

After voting to impeach Mayorkas in February, the House of Representatives finally delivered the articles of impeachment to the Senate this week.

NBC News reports:

The trial has begun. Democrats voted to rule the first impeachment article, accusing Mayorkas of “willfully and systemically” refusing to comply with federal immigration laws, unconstitutional. They are now considering the second, which charges him with making false statements to Congress, including that the border is “secure.”

There are not sufficient votes to convict Mayorkas. Sixty-seven votes would be needed to remove him from office, and Democrats hold 51 seats in the Senate. Some Republicans have also said he has not committed impeachable offenses.

But Senate Republicans are working to make the process as lengthy and painful for Democrats as possible, raising several motions to keep the trial going.

Mayorkas is the second Cabinet member in U.S. history to be impeached and the first in nearly 150 years. He is not attending the trial.

WATCH:

“Schumer literally just argued that the offense Mayorkas is charged with in article II of the impeachment articles — knowingly making false statements to Congress — is not impeachable. I made a motion to allow the Senate to debate this question. Dems voted it down,” Sen. Mike Lee (R-UT) said.

“After impeaching Donald Trump twice in under two years, the Dems today decided they don’t like impeachment after all – and voted to do away with it. Always principled,” Sen. Josh Hawley (R-MO) said.

“Every single Senate Democrat just voted to dismiss the first impeachment charge against Joe Biden’s DHS Secretary Alejandro Mayorkas. Illegal immigrants are murdering Americans. Terrorists are entering our country. Social services are overwhelmed. Vote. Them. Out,” Senate Republicans stated.

Per ABC News:

The second charge by House Republicans accused Mayorkas of breaching public trust. The Cabinet secretary previously called both allegations “baseless.”

Leading up to the trial, Republicans were demanding a thorough consideration of the articles of impeachment take place while Democrats said they would seek to dismiss them quickly.

Such back-and-forth was apparent as proceedings kicked off in the Senate on Wednesday afternoon.

Senate Majority Leader Chuck Schumer first asked for unanimous consent on a plan that would have allowed for debate time and for Republicans to raise various points of order before Democrats moved toward a motion to dismiss the charges.

Republicans quickly objected.

“Never before in the history of our republic has the Senate dismissed or tabled articles of impeachment when the impeached individual was alive and had not resigned,” Sen. Eric Schmitt, R-Mo., said as he rose to reject what Schumer proposed.

“I will not assist Senator Schumer in setting our Constitution ablaze and bulldozing 200 years of precedent,” Schmitt added.

Schumer responded that the first of the articles of impeachment “does not allege conduct that rises to the level of a high crime or misdemeanor” and “therefore is unconstitutional.” Schumer’s point of order will force the Senate to vote on the constitutionality of the first article of impeachment.

 

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