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Will There Be a Mayorkas Trial?

AP Photo/Evan Vucci

The House of Representatives impeached Department of Homeland Security Secretary Alejandro Mayorkas in February. As of right now, the big question is: will there even be a trial? 

For sure, Democrats who have the majority, albeit a slim one, could make quick work of it. They've clung to the narrative that there's no justification for the impeachment and that it is entirely political as if we'd forget Mayorkas's role in the border crisis or his lying to Congress, among other things. Certainly, Democrats would love to have a quick trial to vindicate Mayorkas, right?

Not so much.

According to a report from Politico, Senate Democrats are planning to "dispose" of the impeachment on Thursday, when the articles of impeachment are formerly delivered to the Senate for consideration.

"It’s completely political. It’s not serious. We will do what we have to do and we'll work with Republicans to dispose of it, as quickly and appropriately as we can," Sen. Debbie Stabenow (D-Mich.) promised. "We'll see how it goes. But we will do what is necessary and legal and appropriate. And dispose of it as soon as possible."

Related: You Didn’t Think Biden Was Going to Take the Border Seriously, Did You?

"Democrats are planning for the full proceedings, including speeches and votes on procedural matters, to last a few hours on Thursday — depending on how many votes Republicans force, according to two people familiar with the issue. Party leaders would then move to end the trial, likely by a motion to table it," explains Politico. "Senate Majority Leader Chuck Schumer still has not publicly commented on how he plans to short-circuit the trial, and Democrats have several procedural options, including tabling the trial or dismissing it."

Senate Republicans are, to their credit, united in support of a trial — save for Sen. Mitt Romney (R-Utah), who doesn't seem to think the border crisis, which was by design, meets the standard of high crimes and misdemeanors.

"Ultimately that's where I think it ends up. I think it makes more sense to have some sort of summary conclusion," Romney claimed. "What Republicans are hoping to do, myself included, is underscore how bad the mess is at the border and point out the president's responsibility for that. I think Mayorkas is the wrong target."

That's a strange position from someone who voted to impeach Donald Trump twice, but it's arguably moot since Democrats have a majority, and all it takes is a simple majority to thwart the trial.

"The seriousness of the charges should compel the Senate to perform its constitutional duty, conduct a full impeachment trial, convict Secretary Mayorkas, and ultimately remove him from office," House Committee on Homeland Security chairman Mark Green wrote in an op-ed for Fox News Digital. "Secretary Mayorkas has refused to comply with the law. He is bound by the Immigration and Nationality Act to detain inadmissible aliens arriving at the border. He has refused to follow that clear command, however, instead directing the release of millions of inadmissible aliens into the United States."

While this makes sense to most of us, even a trial destined to fall short of a conviction is problematic for the Democrats because it would call attention to the border crisis and its root causes. Joe Biden has been desperately trying to push the narrative that Trump and Republicans are to blame for the crisis, to no avail. 

But not holding a trial could also be a problem for the Democrats as it will put vulnerable Democratic senators in battleground and red states on record opposing accountability for the border crisis. Sens. Jon Tester (D-Mont.), Jacky Rosen (D-Nev.), Tammy Baldwin (D-Wis.), Sherrod Brown (D-Ohio), and Bob Casey (D-Penn.) all have competitive races this year, and polls have shown that immigration is a big issue affecting how people intend to vote. 

What will Schumer do?

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