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GOP senators demand full trial in Mayorkas impeachment

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GOP senators demand full trial in Mayorkas impeachment

Senators are expected to square off Wednesday, largely along party lines, over whether to proceed with a full-scale trial of Homeland Security Secretary Alejandro Mayorkas over his handling of immigration policy and the southern border.

House GOP managers delivered two articles of impeachment against Mayorkas Tuesday, and the next step in the proceedings calls for senators to be sworn in as jurors, sitting as a court of impeachment, on Wednesday afternoon at 1 p.m. EDT.

But after senators take the oath, how things go from there is a somewhat open question.

US House impeachment managers deliver articles of impeachment for Homeland Security Secretary Alejandro Mayorkas to the Senate the Capitol on April 16, 2024.

Julia Nikhinson/AFP via Getty Images

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Democrats control the Senate, and if they stick together, they could quickly vote to dismiss — or table — the articles without ever holding more of a trial. It would take 51 votes.

Democratic leaders has kept their cards close to the vest about managing the articles, but there’s little appetite among Senate Democrats to hold a full-scale impeachment trial.

PHOTO: Homeland Security Secretary Alejandro Mayorkas (R) speaks during a joint press conference with Guatemala's President Bernardo Arevalo (not in frame) at the Culture Palace in Guatemala City, on March 21, 2024.

Homeland Security Secretary Alejandro Mayorkas (R) speaks during a joint press conference with Guatemala’s President Bernardo Arevalo (not in frame) at the Culture Palace in Guatemala City, on March 21, 2024.

Johan Ordonez/AFP via Getty Images, FILE

Many Democrats believe that the articles of impeachment, which accuse Mayorkas of “willful and systemic refusal to comply with the law” and “breach of public trust” are baseless and politicized.

“Impeachment should never be used to settle a policy disagreement,” Majority Leader Chuck Schumer said on the Senate floor on Tuesday. “Let me say that again: Impeachment should never be used to settle a policy disagreement. Talk about awful precedents. This would set an awful precedent for Congress. Every time there’s a policy agreement in the House, they send it over here and tie the Senate in knots to do an impeachment trial? That’s absurd. That’s an abuse of the process. That is more chaos.”

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Schumer has promised to manage the articles “as expeditiously as possible” but has not said exactly what that would look like.

PHOTO: Senate Majority Leader Schumer (D-NY) walks towards the Senate Chamber before impeachment managers deliver the articles of impeachment against Homeland Security Secretary Mayorkas into the Senate Chamber on Capitol Hill on April 16, 2024.

Senate Majority Leader Chuck Schumer (D-NY) walks towards the Senate Chamber before impeachment managers deliver the articles of impeachment against Homeland Security Secretary Alejandro Mayorkas into the Senate Chamber on Capitol Hill on April 16, 2024 in Washington, DC.

Andrew Harnik/Getty Images

He’s facing a fight from Senate Republicans, many of whom are enraged at the suggestion that there wouldn’t be a full trial.

“This is raw gut politics,” Sen. John Kennedy, R-La., said during a news conference on Tuesday where he shared the stage with the House impeachment managers.

“What Senator Schumer is going to do tomorrow — it is fatuous, it is fraudulent and it is an insult to the Senate. It is a disservice to every American citizen who believes in the rule of law,” he said.

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Beyond complaining, though, there’s very little Republicans can ultimately do to get their demands met if all Democrats stick together.

But it’s not clear that they will.

Sen. Jon Tester, D-Mont., faces a difficult reelection fight in increasingly-red Montana this fall. He hasn’t yet said whether or not he would support a motion to dismiss and has repeatedly told reporters he’d wait to make a decision until he’s read the articles.

Notably, when the articles were being read aloud in the Senate by impeachment manager Rep. Mark Green on Tuesday, Tester, who had previously been seated in the chamber, left his seat and headed to the cloak room.

PHOTO: Sen. Ted Cruz (R-TX) speaks during a press conference with other senators and House impeachment managers at the U.S. Capitol on April 16, 2024 in Washington, DC.

Sen. Ted Cruz (R-TX) speaks during a press conference with other senators and House impeachment managers at the U.S. Capitol on April 16, 2024 in Washington, DC.

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He caught flack for it from Sen. Ted Cruz, R-Texas, during the GOP news conference shortly after.

“Jon Tester was nowhere to be found because apparently it was too frightening to hear the managers imply read the facts of the people that were dying because of policies he supports,” Cruz said.

It’s unclear what Tester will ultimately decide. But if he sticks with his party, there is ultimately very little Republicans can do to force a trial to go on. That doesn’t mean they’ll make things easy.

If Democrats want to quickly table the trial, Republicans are expected to offer a number of procedural points of order that would force votes and could eat up several hours of floor time.

Sen. Thom Tillis, R-N.C., told reporters after a closed-door lunch Tuesday that there’s been an ongoing behind-the-scenes discussion about an agreement that would allow several hours of debate over whether a trial is necessary before a motion to dismiss is ultimately voted on.

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“For those of us who would like to have some discussion or debate the potentially offer that we are going to be considering I think offers us an opportunity to build our case,” Tillis said.

Such an agreement would require the consent of all senators, and it’s unclear if that could happen.

Senators might also try to send the trial to a committee for it to be heard, as they’re permitted to do when an impeachment is brought against someone who is not a sitting president.

PHOTO: Sen. Lee (R-Utah) speaks alongside House Republican impeachment managers and other Senate Republicans during a press conference on the impeachment of Secretary of Department of Homeland Security, Mayorkas on Capitol Hill, April 16, 2024.

Sen. Mike Lee (R-Utah) speaks alongside House Republican impeachment managers and other Senate Republicans during a press conference on the impeachment of U.S. Secretary of Department of Homeland Security, Alejandro Mayorkas on Capitol Hill in Washington, April 16, 2024.

Amanda Andrade-rhoades/Reuters

Sen. Mike Lee, R-Utah, who has been among those demanding a trial, suggested this might be an “acceptable” outcome.

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Senate Minority Leader Mitch McConnell said he will strongly oppose Democratic efforts to quash the impeachment effort, saying it is the chamber’s solemn duty to take the matter seriously.

“The Senate will be called for just the 19th time in our history to rule on the impeachment of a senior official of our government. It’s a responsibility to be taken seriously.

“I intend to give these charges my full and undivided attention. Of course, that would require that senators actually get the opportunity to hold a trial. And this is exactly what history and precedent dictates. Never before has the Senate agreed to a motion to table articles of impeachment,” McConnell said.

“I’ll strenuously oppose the effort to table the articles of impeachment and avoid looking at the Biden administration border crisis squarely in the face,” he added.

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Supreme Court blocks redrawing of New York congressional map, dealing a win for GOP

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Supreme Court blocks redrawing of New York congressional map, dealing a win for GOP

The Supreme Court

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The Supreme Court on Monday intervened in New York’s redistricting process, blocking a lower court decision that would likely have flipped a Republican congressional district into a Democratic district.    
  
At issue is the midterm redrawing of New York’s 11th congressional district, including Staten Island and a small part of Brooklyn. The district is currently held by a Republican, but on Jan. 21, a state Supreme Court judge ruled that the current district dilutes the power of Black and Latino voters in violation of the state constitution.  
  
GOP Rep. Nicole Malliotakis, who represents the district, and the Republican co-chair of the state Board of Elections promptly appealed to the U.S. Supreme Court, asking the justices to block the redrawing as an unconstitutional “racial gerrymander.” New York’s congressional election cycle was set to officially begin Feb. 24, the opening day for candidates to seek placement on the ballot.  
  
As in this year’s prior mid-decade redistricting fights — in Texas and California — the Trump administration backed the Republicans.   
 
Voters and the State of New York contended it’s too soon for the Supreme Court to wade into this dispute. New York’s highest state court has not issued a final judgment, so the voters asserted that if the Supreme Court grants relief now “future stay applicants will see little purpose in waiting for state court rulings before coming to this Court” and “be rewarded for such gamesmanship.” The state argues this is an issue for “New York courts, not federal courts” to resolve, and there is sufficient time for the dispute to be resolved on the merits. 
  
The court majority explained the decision to intervene in 101 words, which the three dissenting liberal justices  summarized as “Rules for thee, but not for me.” 
 
The unsigned majority order does not explain the Court’s rationale. It says only how long the stay will last, until the case moves through the New York State appeals courts. If, however, the losing party petitions and the court agrees to hear the challenge, the stay extends until the final opinion is announced. 
 
Dissenting from the decision were Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson. Writing for the three, Sotomayor  said that  if nonfinal decisions of a state trial court can be brought to highest court, “then every decision from any court is now fair game.” More immediately, she noted, “By granting these applications, the Court thrusts itself into the middle of every election-law dispute around the country, even as many States redraw their congressional maps ahead of the 2026 election.” 

Monday’s Supreme Court action deviates from the court’s hands-off pattern in these mid-term redistricting fights this year. In two previous cases — from Texas and California — the court refused to intervene, allowing newly drawn maps to stay in effect.  
  
Requests for Supreme Court intervention on redistricting issues has been a recurring theme this term, a trend that is likely to grow.  Earlier last month  the high court allowed California to use a voter-approved, Democratic-friendly map.  California’s redistricting came in response to a GOP-friendly redistricting plan in Texas that the Supreme Court also permitted to move forward. These redistricting efforts are expected to offset one another.     
   
But the high court itself has yet to rule on a challenge to Louisiana’s voting map, which was drawn by the state legislature after the decennial census in order to create a second majority-Black district.  Since the drawing of that second majority-black district, the state has backed away from that map, hoping to return to a plan that provides for only one majority-minority district.    
     
The Supreme Court’s consideration of the Louisiana case has stretched across two terms. The justices failed to resolve the case last term and chose to order a second round of arguments this term adding a new question: Does the state’s intentional creation of a second majority-minority district violate the constitution’s Fourteenth and Fifteenth Amendments’ guarantee of the right to vote and the authority of Congress to enforce that mandate?    
Following the addition of the new question, the state of Louisiana flipped positions to oppose the map it had just drawn and defended in court. Whether the Supreme Court follows suit remains to be seen. But the tone of the October argument suggested that the court’s conservative supermajority is likely to continue undercutting the 1965 Voting Rights Act.   

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Map: Earthquake Shakes Central California

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Map: Earthquake Shakes Central California

Note: Map shows the area with a shake intensity of 3 or greater, which U.S.G.S. defines as “weak,” though the earthquake may be felt outside the areas shown.  All times on the map are Pacific time. The New York Times

A minor earthquake with a preliminary magnitude of 3.5 struck in Central California on Monday, according to the United States Geological Survey.

The temblor happened at 7:17 a.m. Pacific time about 6 miles northwest of Pinnacles, Calif., data from the agency shows.

As seismologists review available data, they may revise the earthquake’s reported magnitude. Additional information collected about the earthquake may also prompt U.S.G.S. scientists to update the shake-severity map.

Source: United States Geological Survey | Notes: Shaking categories are based on the Modified Mercalli Intensity scale. When aftershock data is available, the corresponding maps and charts include earthquakes within 100 miles and seven days of the initial quake. All times above are Pacific time. Shake data is as of Monday, March 2 at 10:20 a.m. Eastern. Aftershocks data is as of Monday, March 2 at 11:18 a.m. Eastern.

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US says Kuwait accidentally shot down 3 American jets

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US says Kuwait accidentally shot down 3 American jets

The U.S. and Israel have been conducting strikes against targets in Iran since Saturday morning, with the aim of toppling Tehran’s clerical regime. Iran has fired back, with retaliatory assaults featuring missiles and drones targeting several Gulf countries and American bases in the Middle East.

“All six aircrew ejected safely, have been safely recovered, and are in stable condition. Kuwait has acknowledged this incident, and we are grateful for the efforts of the Kuwaiti defense forces and their support in this ongoing operation,” Central Command said.

“The cause of the incident is under investigation. Additional information will be released as it becomes available,” it added.

In a separate statement later Monday, Central Command said that American forces had been killed during combat since the strikes began.

“As of 7:30 am ET, March 2, four U.S. service members have been killed in action. The fourth service member, who was seriously wounded during Iran’s initial attacks, eventually succumbed to their injuries,” it said.

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Major combat operations continue and our response effort is ongoing. The identities of the fallen are being withheld until 24 hours after next of kin notification,” Central Command added.

This story has been updated.

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