It was quite a memorable week for the Senate. With what narrow control the Democrats have, Senate Majority Leader Chuck Schumer (D-NY) was able to spare impeached Department of Homeland Security (DHS) Secretary Alejandro Mayorkas from a trial. Although Mayorkas was impeached by the House in February, Schumer and his fellow Senate Democrats successfully dismissed the articles of impeachment. In doing so, it's not merely Mayorkas who is affected, but also vulnerable Senate Democrats up for reelection in 2024.
The Senate map is looking particularly favorable to Republicans, especially in comparison to 2022. Among the "Toss Up" races are Ohio, where Democratic Sen. Sherrod Brown is running for reelection against Republican Bernie Moreno. Just like his fellow Democrats, Brown fell in line.
Moreno has been vocal in calling out Brown, releasing statements on Tuesday and Wednesday.
In response to Brown referring to the impeachment effort as a "distraction," Moreno reminded that "Since Joe Biden took office, nearly 10 million people have invaded our country due to the open border policies of Biden, Mayorkas and Sherrod Brown. It isn’t a 'distraction' to demand accountability for the drugs, crime, death and destruction brought into this country because of these policies." He also insisted that "Sherrod Brown should uphold his constitutional duty and hold a full trial in the Senate for Mayorkas, otherwise it's a complete dereliction of his duty as a Senator."
Since Joe Biden took office, 10 million people have invaded our country due to the open border policies of Biden, Mayorkas and Sherrod Brown. It isn’t a “distraction” to demand accountability for the drugs, crime, death and destruction brought into this country because of them. https://t.co/Qw9h2hB5jI
— Bernie Moreno (@berniemoreno) April 16, 2024
"Rather than uphold his constitutional duty that Ohioans elected him to do, Sherrod Brown sided with the Washington swamp, once again," said Moreno in a subsequent statement. "By overseeing the worst border invasion in history, Mayorkas has neglected his duties. It is shameful that Brown ran cover for him rather than allowing a fair trial to proceed."
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Another "Toss Up" seat is Montana, where Democratic Sen. Jon Tester is running for reelection. Although he too voted as he did, he still tried to play both sides of the issue.
👀TESTER quick to make clear that what's "happening at our southern border is completely unacceptable, and the Biden administration must do more" after voting that the articles of impeachment against Mayorkas were unconstitutional pic.twitter.com/EtjzryjJt3
— Stef Kight (@StefWKight) April 17, 2024
The rest of a press release that Tester sent out criticizes the impeachment effort further, but also continues to try to offer self-congratulations, in spite of how he had failed to hold accountable the member of the Biden's administration most responsible.
Referring to him as "Two-Faced Tester," Republican candidate Tim Sheehy called out the vulnerable Democrat incumbent at length, including in a quoted repost of Tester's statement.
Enough is enough with @JonTester’s phony charade.
— Tim Sheehy (@SheehyforMT) April 17, 2024
Tester doesn’t have the backbone to seal our border, put America First, or hold @JoeBiden accountable for his Border Bloodbath. His INACTION proves it!
Stop the invasion! Secure our border!
Montana, let’s send Two-Faced… https://t.co/djgS5bkmED
No accountability whatsoever! Two-Faced @JonTester will do ANYTHING his Democrat bosses demand — he couldn’t care less about securing our border!
— Tim Sheehy (@SheehyforMT) April 18, 2024
Actions matter, and Tester's long history of putting Illegals First and America Last will be his demise in November! #RetireTester https://t.co/xu3H4wUdTi
Democrats are targeting Sen. Ted Cruz (R-TX), who has spoken out at length about Schumer's planned move and ultimate decision to do away with having a trial. In the days leading up to Wednesday, he spoke to Townhall about such a need to hold a trial.
In a previous episode of "The Verdict," Cruz warned not only about how unprecedented Schumer's move was, but likened it to the precedent Democrats set in 2013 when then Senate Majority Leader Harry Reid (D-NV) nuked the filibuster for cabinet nominees and certain judicial nominees. Republicans later took it a step further and confirmed then President Donald Trump's Supreme Court nominees by a simple majority.
Last Wednesday, in an episode that aired before Schumer did away with the trial, Cruz accurately mentioned the day was "going to be a big battle because this is going to be all about the Democrats being willing to throw the Constitution in the trash in order to avoid any national attention on the disaster that is playing out on our southern border," speaking also about "avoid[ing] any accountability for their responsibility for the lives that are being lost because of Joe Biden and the Democrats' open borders."
Schumer is trying to avoid holding a trial for Alejandro Mayorkas's impeachment.
— Ted Cruz (@tedcruz) April 17, 2024
Democrats are desperately trying to cover up the evidence about the lawless Biden Border Crisis.
The media won't present the evidence. Get the facts on Verdict 👇https://t.co/7uqrSi7VEI pic.twitter.com/sHhTD6cA1z
Cruz also mentioned Tester during the episode, as "almost certainly the most vulnerable Democrat on the ballot in November." Tester wasn't even on the Senate floor when the House impeachment managers had made their way over. Cruz also referenced past statements Tester has made feigning concern for illegal immigration, insisting "every word [Tester's] saying is not true, because [on Wednesday] he intends to vote to throw the damn thing out to say 'I don't want to hear a trial. I don't want to hear the evidence. I don't want to know what's going on.' Cruz continued with more colorful language, pointing out "It's not even like an ostrich sticking his head in the sand at least stay in the room. He's an ostrich who runs his ass out of there, and it's emblematic."
"Why does Chuck Schumer want to avoid a trial? Because he's desperate to protect the Democrat senators on the ballot from the consequences from the deaths and suffering and people who are suffering misery, because of their open border politics and policies, which they intend to continue, and Schumer, this is all about political camouflage," Cruz continued.
Wednesday's actions were also addressed as part of a "Week in Review" episode of "The Verdict," with co-host Ben Ferguson lamenting how Mayorkas has faced "zero accountability... for flat-out lying to Congress," as Cruz reminded the articles had laid out.
Cruz referenced Schumer's insistence that impeaching Mayorkas was a matter of "a policy dispute" Republicans have with the Biden administration's policies of open borders.
NO Accountability for Mayorkas on Border Crisis, WH Hangs Israel Out to Dry on Funding, & How Dems WON on Impeachment.@benfergusonshow and I break all this down and more on our week in review episode of Verdict.https://t.co/0LujGaESQa
— Ted Cruz (@tedcruz) April 21, 2024
Cruz also recapped how Schumer went through with such a process, pointing out "it's not that he's bad at his job, it's that he is utterly flouting and defying federal law," as Democrats didn't even make an argument with their motion.
During the podcast, Cruz argued "the idea that refusing to follow the law, defying the law, is not a high crime and misdemeanor, is not impeachable, it is contrary to the original understanding of the constitution!" Further, as Cruz insisted, pointing to how the Biden Department of Justice made the same argument, Congress has the remedy of impeachment to deal with a cabinet member who refuse to follow the law.
As Cruz pointed out when it comes to Democrats all voting to dismiss the first article of impeachment, "it is now the position of Democrats that any cabinet member can refuse to follow the law, can defy the law, can utterly ignore the law, and you can't impeach 'em for it," which he called "an astonishing and dangerous proposition in Democrat looney land."
Similarly, by dismissing the second charge, Democrats are claiming lying under oath isn't impeachable, despite how it's a felony and President Bill Clinton was impeached for perjury. Although he was acquitted, they at least held an impeachment trial. There was a federal judge, Walter Nixon, impeached and found guilty for perjury. Still, "every single Senate Democrat voted that it's not a high crime or misdemeanor," Cruz emphasized, adding "so now apparently, again in Democrat wonderland lying to Congress is a-okay."
"This was not about the Constitution, they didn't care, they had no arguments as to why the Constitution said this, this was about power and this was about protecting their political backsides, because they're terrified of the American people hearing what is happening at the border!"
As a final point, Cruz offered "proof of why this is all political and why the Democrats did what they did," which is how the mainstream media covered the Trump trial. "Apparently, there was no impeachment proceeding in the Senate. Nothing happened, there's no border crisis, the only thing they would cover is the attack on Trump."
Schumer himself acknowledged a new precedent, even bragging about it, as one of just the many posts he made justifying the decision. However, a Republican-controlled Senate could refuse to take up impeachment articles sent over by a Democratically-controlled House.
The Senate set a very important precedent that impeachment should be reserved only for high crimes and misdemeanors, and not for settling policy disagreements.
— Chuck Schumer (@SenSchumer) April 18, 2024
Although he is not up for reelection until 2026, Sen. Roger Marshall (R-KS) is another name to keep in mind when it comes to those who stood up in favor of precedent and constitutional duty. Last Wednesday, when the Senate officially did away with the two articles against the secretary, Marshall brought up the 2024 election. His motion, just like the others that his fellow Republicans offered, failed along party lines.
"Before this body disrespects the Constitution any further, before we endanger our republic any more, before we harm the reputation of this body any more, move to adjourn until 7 a.m. on November 6th 2024. So the American people can at least have a vote on this impeachment trial," Marshall said to applause and calls of "hear, hear."
Although Schumer had indicated he wanted members to be ready over the weekend for foreign aid bills, which the House did with a rare Saturday session, he posted later that afternoon that the first votes would be on Tuesday. Still, those votes will get more attention than Mayorkas' impeachment received.
Before this body disrespects the Constitution any further, before we endanger our republic any more, before we harm the reputation of this body any more - I move to adjourn until 7 a.m. on November 6th 2024. So the American people can at least have a vote on this impeachment… pic.twitter.com/OolkE3ossH
— Dr. Roger Marshall (@RogerMarshallMD) April 17, 2024
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