by Republican members of the House removed Alejandro N. Mayorkas, the secretary of Homeland Security, by a simple majority on Tuesday. It triggers 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 allegations against Mayorkas as part of its supervisory and investigative responsibilitiesthen they take them to the Senate.
The day after President Johnson was impeached, in February 1868, Representative Thaddeus Stevens, Republican of Pennsylvania, delivered the articles of impeachment to the Senate. Mr. Stevens was so sick that he had to be carried through the Capitol.
Once the articles have been delivered, the Senate, acting as Superior Court of Prosecution, would schedule a trial during which senators would consider evidence, hear from witnesses and ultimately vote to acquit or convict. They could also vote to dismiss the charges.
The Senate trial
The speaker of the House of Representatives appoints the chamber’s impeachment managers who would be tasked with defending the case against the accused official, serving as the prosecution team in the Senate trial.
In the case of Mr. Mayorkas, the articles of impeachment also designate 11 persons responsible for the impeachment. The group includes Reps. Mark E. Green of Tennessee, chairman of the Homeland Security Committee that drafted the charges, and Rep. Marjorie Taylor Greene, R-Ga., who has led the campaign to seek her impeachment. Also on the team are 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 August Pfluger from Texas.
The Biden administration would have the right to have an agent or lawyer appear to respond to the articles of impeachment against Mayorkas. That includes appointing House Democrats to the defense team.
In a trial, senators would serve as a jury to try Mayorkas. For many, it would be the third impeachment trial they would attend, following two consecutive impeachment trials of former President Donald J. Trump, in 2020 and 2021. Eventually, senators would vote on the charges. They could agree to dismiss the articles or issue a verdict.
The verdict
If the trial moves forward without the charges being dismissed, a two-thirds majority It would take a government to convict and remove Mr. Mayorkas, a highly unlikely outcome given that Democrats control the Senate. The Democrats have the majority, with 48 seats and the votes of three independents who are part of them. Senate Republicans are in minority, controlling 49 seats. If Democrats stood united behind him, Mayorkas would be acquitted even if all Republicans voted to convict him.
If found guilty, according to Article II, Section Four of the Constitution, Mayorkas would be removed from office and the Senate could vote to prevent him from holding office again.
