Lisa schultz penthouse magazine photos3/14/2024 “You would get to two-thirds only by virtue of the fact that they are lumping so many separate, specific, but unrelated and distinct charges under a single heading,” Matz says. What if a senator finds Mayorkas guilty on one allegation in an article but not another? How does he or she vote? And if Mayorkas is convicted - which won’t ever happen, but humor us for a second - would senators have reached that threshold because they agree with subparts of the article but not the entire premise? Due process isn’t the only problem with bloated articles. “The articles are formally deficient in so many ways that any trial would be flagrantly unfair and create such grave due process issues that it would be outrageous to even proceed,” Matz says. But in their drafted Mayorkas articles, Republicans list a host of grievances under each claim, which is problematic because of due process issues. One of the most basic rules every prosecutor knows is that each claim needs to specify a single charge. OTHER JUSTIFICATIONS FOR DISMISSAL: Matz says that beyond arguing about the abuse of the impeachment power, Democrats could point out the following: The existing impeachment articles are “so manifestly about policy disagreement rather than anything that could arguably qualify as high crimes and misdemeanors, that it would be unwarranted to waste the Senate’s time with the trial on the matter.” “Impeachment trials are meant to be deadly serious business for matters of state - not free publicity for the House majority to air policy attacks on the current administration,” Matz said. The first is the most obvious: The founders didn’t want impeachment to be used for everyday policy disagreements. Impeachment scholar JOSHUA MATZ, who worked on both DONALD TRUMP impeachments and has written extensively on the topic, tells Playbook that Democrats have a host of solid justifications to forgo a Senate trial altogether. They’ve got some hefty legal brains who agree with this play. And it turns out they have a bunch of options on that front. With the House slated to impeach Mayorkas next week, Democrats have quietly been in talks about the best way to kill this as fast as they can. Multiple Democratic sources in the Senate as well as in the administration tell Playbook that the party is planning to scuttle the House GOP’s dreams of a long, drawn-out process that drags Mayorkas - and the Biden administration writ large - through the mud. STOP US IF YOU’VE HEARD THIS ONE BEFORE - Today is supposedly the day! At any minute now, Senate negotiators who’ve been haggling out an agreement for four months are expected to drop the text of their much-anticipated - and, at least on the right, already much-maligned - border deal.īut first, a little bit of impeachment news for you …ĭEMS PLOT TO SIDESTEP MAYORKAS TRIAL - As Republicans have taken steps toward impeaching Homeland Security Secretary ALEJANDRO MAYORKAS, political prognosticators - admittedly, yours truly included - have warned about the possibility of a high-profile, border-related Senate impeachment trial falling smack in middle of an already contentious election year.Īs fun as that sounds, you can forget it. Democrats are planning to scuttle the House GOP’s dreams of a long, drawn-out process that drags DHS Secretary Alejandro Mayorkas through the mud.
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