Marshall, Moran object to dismissal without trial on impeachment charges against Mayorkas

TOPEKA — The two U.S. Senate Republicans from Kansas voted Wednesday against dismissal without a trial of the divisive impeachment charges brought by the U.S. House against the secretary of the federal Department of Homeland Security for allegedly failing to adhere to immigration law.

U.S. Sens. Roger Marshall and Jerry Moran opposed action by Senate Democrats ending the case without hearing evidence compiled by the House regarding articles of impeachment against Secretary Alejandro Mayorkas. He was the first sitting cabinet member in United States history to be impeached.

Both Kansas senators were on the losing side of the 51-48 vote that declared the first charge claiming “systemic refusal to comply with the law” fell short of the constitutional definition of a high crime or misdemeanor. A 51-49 vote brought to an end, also on constitutional grounds, the second charge asserting Mayorkas breached the public trust while DHS secretary.

Marshall said Mayorkas broke his oath of office in relation to the flow of undocumented immigrants from Mexico into the United States. The senator argued there had to be consequences for people in the federal government responsible for endangering safety of Americans.

“There is no question that the situation at our borders is dire,” Marshall said. “The responsibility of the crisis lies squarely at the feet of those who will fail to address it. Instead of fulfilling his obligation to the American people, Secretary Mayorkas has unraveled our national security, unleashed our border into chaos and launched an unmitigated disaster and culture of lawlessness that has left Lady Liberty vulnerable to exploitation.”

U.S. Sen. Chuck Schumer, a New York Democrat and the Senate’s majority leader, offered motions to dismiss each charge. That led to votes authorizing the tabling of articles of impeachment prior to a Senate trial. He said it would be a mistake to validate the “gross abuse” of the impeachment process by the House because it could establish a dangerous precedent.

Moran said Mayorkas was responsible for policies that incentivized more than 9 million people from 160 countries to unlawfully enter the United States.

He said members of the GOP-led House engaged in an oversight process that culminated with  the vote for impeachment and the Senate should respect those decisions by considering the findings.

“It is the Senate’s unique responsibility to hear the charges brought against the secretary and determine if he should be removed from his cabinet position,” Moran said. “Rather than fulfill that constitutional duty, Senate Democrats took the unprecedented step to, without debate or explanation, deem the impeachment articles unconstitutional.”

Moran, an attorney, and Marshall, a physician, said maneuvering by Democrats in the Senate meant the chamber failed to fulfill one of its fundamental duties required of the U.S. Constitution.

“Not having an impeachment trial is a true threat to this republic,” Marshall said. “Not having an impeachment trial is unconstitutional. Even a simple country doctor like myself can read the Constitution and see that after the impeachment articles are delivered that we should have an impeachment trial.”

Marshall, a supporter of former President Donald Trump, said voters in presidential election swing states, including Pennsylvania, Michigan and Wisconsin, should hold senators accountable for opposing an impeachment trial. Trump is the presumptive GOP nominee for president and would face Democratic President Joe Biden in November.

“Secretary Mayorkas is truly doing Biden’s bidding. They both need to be held accountable,” Marshall said.

In 2019, Trump was impeached on charges of abuse of power and obstruction of Congress. He was impeached a second time in 2021 on a charge of inciting an insurrection.