Homeland Security Secretary Alejandro Mayorkas testifies before the Senate Appropriations Subcommittee on Homeland Security on May 4, 2022. Credit: Kevin Dietsch/Getty Images
(CNN) --
Top House Republicans are moving quickly to build a case against Homeland Security Secretary Alejandro Mayorkas as they weigh unusual impeachment proceedings against a Cabinet secretary, a plan that could generate a strong reaction from moderates in the Republican Party.
The chairmen of key committees are already preparing for hearings on the southern border issues, which Republicans say could serve as a prelude to an impeachment inquiry against Mayorkas.
Three House committees - Oversight, Homeland Security and the Judiciary - will soon hold hearings on the influx of immigrants and border security issues.
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The House Judiciary Committee, which would have jurisdiction over an impeachment resolution, is prepared to proceed with formal proceedings if there appears to be a consensus among GOP lawmakers, according to a Republican source directly familiar with the matter.
The first impeachment resolution introduced by House Republicans already has some support, including from a member of the GOP leadership team.
A GOP source said the first Judiciary Committee hearing on the border could be held later this month or early February.
One of the top presidents is supportive of the initiative, a sign of how the idea of ousting the president's secretary Joe Biden has gone from being a fringe conception to the mainstream of one group.
"If there's a leading impeachment candidate, it's Mayorkas," Rep. James Comer, chairman of the House Oversight Committee, told CNN.
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It is extremely rare for a Cabinet secretary to be impeached, something that has only happened once in US history, when William Belknap, Secretary of War, faced impeachment in the House before the Senate. acquitted in 1876. However, it is now a very real possibility after Mayorkas was called by Kevin McCarthy to resign or face possible impeachment proceedings, while securing votes to become Speaker of the House.
With no sign that Mayorkas is resigning, House Republicans say they are willing to go ahead, even if many of their members are uncomfortable with the approach.
Indeed, McCarthy has to balance the demands of his base for aggressive action with the concerns of more moderate members, many of whom hold seats in the swing districts by their narrow majority.
And some of the more secure seats are still not convinced that the GOP should continue down that path.
"It's clear that the management of the southern border has been incompetent," Rep. Dusty Johnson, a South Dakota Republican, told CNN.
"That's not the Constitution's threshold for impeachment, but for felony and misdemeanor... I'd like to think about the legal standard that the Constitution has set and whether or not it's been met."
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If he loses more than four GOP votes in an impeachment resolution, the effort would fail in the House and could spell great embarrassment for the GOP leadership.
He's already lost one vote so far: Rep. Tony Gonzales of Texas, who said he would oppose the initiative, and several other members are far from convinced that charging Mayorkas with a felony is justified, even if they believe he has done so. mediocre job helping protect the southern border.
"Have you been totally dishonest with people? Yes. Have you failed miserably at your job? Yes," Rep. Mario Diaz-Balart, a Florida Republican, said of Mayorkas.
"Are they grounds for impeachment? I don't know."
Indeed, Republicans in the swing districts are urging their colleagues not to rush into impeachment, which would be dead before reaching the Senate and could discourage the American people if the party is perceived to be overreaching.
"The border is a mess and a total failure of the Biden administration. We should first try to force change through our budgeting power," Rep. Don Bacon, who represents a Nebraska district won by Biden, told CNN.
"Maybe after more oversight we'll see what middle class America thinks, but I don't think independent and undecided voters are interested in impeachment."
McCarthy lashed out at border issues Tuesday when asked about his pre-election warning that Mayorkas could be impeached by the House over GOP concerns about borders.
"Should that person stay in their position? Well, I've made the case that they shouldn't. What we can do is investigate, and then that investigation could lead to an impeachment inquiry," McCarthy told CNN, adding that it could "come to that occasion" of removal if Mayorkas is found to be "negligent" in his duties.
redacted articles
During the first week of work for his new majority, Rep. Pete Fallon, R-Texas, filed articles of recall for Mayorkas over the southern border issues, and Rep. Andy Biggs, a far-right Republican from Arizona, vowed to re-introduce a similar resolution in the coming weeks, which could serve as a model for an eventual impeachment proceeding.
Fallon's resolution asserts that Mayorkas has "undermined operational control of our southern border and encouraged illegal immigration," and also contends that he lied to Congress when he claimed the border was secure.
Democrats say Republicans are threatening to remove Mayorkas for purely political reasons, saying political disputes hardly rise to the level of "felonies and misdemeanors."
Mayorkas has testified before Congress numerous times since taking office, and her agency says it is fully prepared to continue to comply with oversight by the GOP-led House of Representatives.
So far, there have been no formal requests for hearings or testimony as congressional committees continue to work to get going, though Republicans have sent numerous letters and preservation requests last year outlining their plans for the majority.
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In a statement, a spokeswoman for Mayorkas made it clear that he has no plans to resign and called on Congress to come together to fix the country's immigration system.
"Secretary Mayorkas is proud to advance the noble mission of this Department, support its extraordinary staff, and serve the American people. The Department will continue our work to enforce our laws and secure our border, while we build a safe, orderly immigration system and humane," his spokesman said in a statement.
"Members of Congress can do better than point the finger at someone else; they need to come to the table and work on fixes for our broken system and outdated laws, which they haven't updated in over 40 years."
However, there are signs that the momentum is gaining steam among House Republicans.
Fallon's resolution has drawn support from several Republicans who previously held back from calling for impeachment, including Rep. Dan Crenshaw, a Texas Republican and a member of the Homeland Security Committee, and Oklahoma Rep. Stephanie Bice, a new member of the team. leadership of the Republican Party, indicating that the idea is not isolated from the fringe wing of the party.
Fallon had also not supported the removal of Mayorkas until this Congress.
Fallon said he introduced the articles on impeachment to help "get the ball rolling," but he still believes it's key to show the American public why he believes Mayorkas deserves to be removed from office.
"It's important, it's an emergency, the glass has to be broken, it really has to be brought forward, and then we're going to have additional investigation," Fallon told CNN.
"Even though that's why I submitted the articles, you can always sit back and do nothing with them. With this starting the ball rolling, let's give Mayorkas a chance to defend himself and his department."
Meanwhile, the presidents of the main commissions promise to hold hearings on the crisis on the southern border and prepare plans to summon officials for interviews.
Republican Rep. Jim Jordan of Ohio, who heads the powerful House Judiciary Committee where the impeachment articles would originate, suggested the issue would be one of the first hearings when his panel gets underway.
GOP leaders realize they can only afford to lose four Republicans in one vote, and they want to build a comprehensive case for impeachment that can rally the entire party.
But the pressure is already mounting on McCarthy, who has emboldened members of his right flank in their bid to reclaim the president's gavel, and even given them a powerful tool to call for his removal if he doesn't listen to the call. demands of him.
Rep. Chip Roy, a Texas Republican and one of the lead negotiators in McCarthy's presidential bid, who first called for Mayorkas' removal, told CNN: "I've been very public about my belief that he has violated your oath, which has undermined our ability to defend our country.
The hard right leads the charge
The main committees that would be involved in building a case against Mayorkas are chaired by hardliners from the House Freedom Caucus caucus: Jordan and Tennessee Rep. Mark Green, the newly elected Security Committee leader. National House of Representatives.
Part of Green's campaign to become president has focused on how he will hold the Biden administration accountable for the southern border.
Green told CNN that he has a "five-phase plan" to dig into the issue.
"And if it turns out that (recall) is necessary, we'll refer it to the judiciary," Green said.
"We will have a research paper."
There has also been talk of holding on-the-ground hearings on the southern border, while Republicans plan to continue making visits there, as they did in the last Congress.
Jordan told reporters that the border issues will likely be one of his first hearings as chairman of the Judiciary Commission.
But a source close to Jordan, who has become a close ally of McCarthy, warned that they would not go ahead with impeachment unless the party fully agrees.
And it is clear that the Republicans in the House of Representatives are not there yet.
Freshman Rep. Mike Lawler, who represents a New York district won by Biden, told CNN shortly before he was sworn in: "I think the top priority is dealing with inflation and the cost of living... No. I want to see what we saw during the Trump administration, where the Democrats just relentlessly persecuted the president and the administration."
But there are some Republicans in Biden's districts who are already showing support for Mayorkas' articles of recall, suggesting that politics may be moving in the direction of the GOP.
Rep. Nick Langworthy, another New York Republican, is among the 26 representatives who have signed Fallon's articles of recall so far.
Another first-year New York Republican, Anthony D'Esposito, has also voiced his support for Mayorkas's removal.
D'Esposito says many Customs and Border Protection agents are tired of top-down leadership.
"They are the ones who will tell you bluntly that Secretary Mayorkas is not fulfilling his oath and that he is not guaranteeing the security of our country," he added.
For her part, Rep. Nancy Mace, also a Republican and from a battleground district in South Carolina, said Mayorkas has to go.
"When you raise your hand and swear to protect our country's border, and you intentionally and deliberately walk away from doing that job, you should lose it," said Mace, pointing to the flow of drugs across the southern border.
"Anyway, Secretary Mayorkas has to go."
House Republicans, who have long wanted to remove Mayorkas, have tried to keep up the pressure on their leaders, holding a news conference last month and urging McCarthy to spell out his position on the issue more explicitly before vote for him as president.
McCarthy traveled to the southern border shortly after the November election, where he called on Mayorkas to resign and threatened him with possible impeachment proceedings, though he has not explicitly promised to go down that path.
But even if an impeachment resolution passes in the House of Representatives, getting a two-thirds majority in the Senate to convict Mayorkas has virtually no chance of success.
Some Senate Republicans, such as Sen. John Thune of South Dakota, were reluctant to back such a measure.
And Democrats roundly reject the idea.
"Wonderfully constructive action," Sen. Chris Coons, D-Del., said sarcastically when asked about the recall talks.
Coons quickly added: "I think it would be a huge waste of time."
Alejandro Mayorkas
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