The Senate’s impeachment trial of Homeland Security Secretary Alejandro Mayorkas continues, with one of the two articles already deemed “unconstitutional.”

Shortly after Senate President Pro-Tem Sen. Patty Murray administered the oath of office to the senators to be sworn in as jurors, the Senate voted to declare the first article of impeachment, “Willful and Systemic Refusal to Comply with the Law,” as “unconstitutional” with a 51-48 vote. The vote for the second article is now underway. 

In February, the House of Representatives voted along party lines to impeach Mayorkas, accusing him of  willful and systemic refusal to comply with the law and breach of public trust,” as House Republicans try to hold him responsible for the influx of migrants at the southern border. 

The articles of impeachment were delivered to the Senate on Tuesday, effectively starting the trial. 

It’s expected that Democratic Senate Majority Leader Chuck Schumer will move to dismiss this trial as swiftly as possible.

“We’re going to try and resolve this issue as quickly as possible. Impeachment should never be used to settle policy disagreements,” said Schumer last week.  “As I said in the past, it’s absurd and there are no charges in the House complaint that rise to the level of impeachment.”

Regardless of whether the impeachment charges are swiftly dismissed in an effort led by Democrats, or if the Republicans get their wish for a full trial, Mayorkas is almost certain not to be found guilty and removed from office, since the Democrats hold a majority in the U.S. Senate and it requires 67 senators to vote to convict someone in an impeachment trial.

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