How will the US Secretary of Homeland Security be impeached?

House of Representatives Impeachment

After the House passes two articles of impeachment and brings charges against Mr. Mayorkas as part of its oversight and investigative responsibilities, they will be sent to the Senate.

The day after President Johnson was impeached, in February 1868, articles of impeachment were transmitted to the Senate by Representative Thaddeus Stevens, a Pennsylvania Republican. Stevens was so ill that he had to be carried into the Capitol.

Once the articles are transmitted, the Senate, acting as the supreme court of impeachment, will schedule a trial in which senators will review evidence, hear witnesses and ultimately vote to acquit or convict. They can also vote to dismiss the charges.

Senate Trial

The House speaker names the impeachment managers, who will be tasked with arguing the case against the impeached official and serving as the prosecution team in the Senate trial.

Homeland Security Secretary Alejandro Mayorkas was impeached by the US House of Representatives on charges of lax policies that encouraged illegal immigration - Photo: CNN

In Mayorkas’ case, there will be 11 impeachment managers. That includes Rep. Mark Green of Tennessee, the chairman of the Homeland Security Committee who brought the charges, and Rep. Marjorie Taylor Greene of Georgia, a Republican who led the effort to remove Mayorkas.

The group also includes congressmen Andy Biggs of Arizona, Ben Cline of Virginia, Clay Higgins of Louisiana, Andrew Garbarino of New York, Michael Guest of Mississippi, Harriet Hageman of Wyoming, Laurel Lee of Florida, and Michael McCaul and August Pfluger, all from Texas.

The Biden administration will have the authority to send a representative or attorney to appear to answer the articles of impeachment against Mr. Mayorkas. That includes appointing House Democrats to serve on the defense team.

Sketch of the trial of former President Andrew Johnson in the US Senate in 1868 - Photo: New York Times

In the trial, senators will serve as jurors to decide on Mr. Mayorkas. For many, this will be the third impeachment trial they have had to participate in, following the two consecutive impeachment trials of former President Donald Trump, in 2020 and 2021.

Finally, senators will vote on the charges. They can agree to dismiss the articles or issue a verdict.

Verdict

If the trial proceeds without the charges being dismissed, a two-thirds majority would be needed to convict and remove Mayorkas from office, an extremely unlikely outcome given that Democrats control the Senate.

Democrats have a majority, holding 48 seats and the votes of three independents who caucus with them. Republicans are in the minority in the Senate, holding 49 seats. If Democrats band together to support him, Mayorkas would be acquitted even if every Republican voted to convict.

If convicted, under Article II, Section 4 of the US Constitution, Mr. Mayorkas would be removed from office and the Senate could vote to bar him from holding office again.

Quang Anh (according to New York Times)

Source: https://www.congluan.vn/bo-truong-an-ninh-noi-dia-my-se-bi-luan-toi-nhu-the-nao-post284479.html