Mayorkas was impeached. What happens now?
Republican members of the House of Representatives on Tuesday impeached Alejandro N. Mayorkas, the secretary of Homeland Security, by a simple majority vote. It sets off a series of choreographed rituals dating back to the impeachment of former President Andrew Johnson in 1868. Here's a look at what happens next.
A ceremonial procession
Once the House passes two articles of impeachment laying out the charges against Mr. Mayorkas as part of his supervisory and investigative responsibilitiesthey are then led to the Senate.
The day after President Johnson was impeached, in February 1868, the articles of impeachment were delivered to the Senate by Representative Thaddeus Stevens, Republican of Pennsylvania. Mr. Stevens was so ill that it had to be done carried through the Capitol.
Once the articles are delivered, the Senate acts as one Supreme Court for impeachment, would schedule a trial in which senators would consider evidence, hear witnesses and ultimately vote for acquittal or conviction. They could also vote to dismiss the charges.
The trial in the Senate
The Speaker of the House of Representatives appoints impeachment managers from the House who will be tasked with arguing the case against the impeached official and who will serve as the prosecution team in the Senate trial.
In Mr. Mayorkas' case, the articles of impeachment also name eleven impeachment managers. The group includes Representatives Mark E. Green of Tennessee, the chairman of the Homeland Security Committee that drafted the indictment, and Representative Marjorie Taylor Greene, the Republican of Georgia, who led the campaign to seek his removal. The team also includes Reps. Andy Biggs of Arizona, Ben Cline of Virginia, Clay Higgins of Louisiana, Andrew Garbarino of New York, Michael Guest of Mississippi, Harriet M. Hageman of Wyoming, Laurel Lee of Florida, Michael McCaul of Texas and Augustus Pfluger from Texas.
The Biden administration would have the right to have an agent or lawyer appear to answer for the articles of impeachment against Mr. Mayorkas. That includes appointing House Democrats to serve on the defense team.
In a trial, senators would serve as a jury to judge Mr. Mayorkas. For many, it would be the third impeachment trial they would face, following two consecutive impeachment trials of former President Donald J. Trump, in 2020 and 2021. Ultimately, senators would vote on the charges. They could agree to reject the articles or pronounce a verdict.
The verdict
If a trial proceeds without the charges being dismissed, a two-thirds majority would be necessary to convict and remove Mr. Mayorkas, an extremely unlikely outcome given that Democrats control the Senate. The Democrats have the majority, with 48 seats and the votes of three independents who work with them. Republicans in the Senate are in minority, with 49 seats. If Democrats supported him, Mr. Mayorkas would be acquitted even if every Republican voted to convict.
If he were found guilty, thus Article II, Section Four of the Constitution, Mr. Mayorkas would be removed from office and the Senate could vote to prevent him from holding office again.