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The idea that Homeland Security Secretary Alejandro Mayorkas might actually be impeached might seem outlandish, but as Roll Call reported, the cabinet agency is taking the possibility quite seriously.
The Department of Homeland Security recently hired outside counsel to prepare for potential impeachment proceedings, as House Republicans ramp up calls to impeach Homeland Security Secretary Alejandro Mayorkas for his handling of the southwest border. The department entered into a contract with New York-based law firm Debevoise & Plimpton to represent Mayorkas in impeachment-related matters, in his official capacity, according to a DHS official who spoke on the condition of anonymity. The firm was selected because of its attorneys’ experience with impeachment proceedings, the official said.
In a written statement provided to NBC News last week, a DHS spokesperson said the cabinet agency “has retained outside counsel to help ensure the Department’s vital mission is not interrupted by the unprecedented, unjustified, and partisan impeachment efforts by some Members of Congress, who have already taken steps to initiate proceedings.”
Given the circumstances, preparing for the threat seems to make a lot of sense.
On the first full day of the new Congress, Republican Rep. Pat Fallon of Texas filed articles of impeachment against Mayorkas, and his resolution currently has 41 GOP cosponsors. Two weeks ago, Republican Rep. Andy Biggs of Arizona unveiled his own Mayorkas impeachment measure, and it’s picked up 29 GOP cosponsors.
Of course, if the process were going to move forward in earnest, House Speaker Kevin McCarthy would need to formally announce an impeachment inquiry, and that hasn’t happened. What’s more, in the not-too-distant past, such a move seemed highly unlikely: Shortly before the 2022 midterm elections, the GOP leader said publicly that no member of the Biden administration deserved to be impeached.
Then McCarthy needed to scramble in order to secure the votes he’d need to become House speaker — at which point the California Republican’s rhetoric took a sudden shift.
“If Secretary Mayorkas does not resign,” McCarthy told reporters two weeks after the midterm elections, “House Republicans will investigate every order, every action, and every failure [and] will determine whether we can begin impeachment inquiry.”
During a Capitol Hill press conference earlier this month, the new House speaker not only suggested Mayorkas’ impeachment was possible, McCarthy added that he expected the effort to be bipartisan. “I think Democrats will join with us” on the effort, he said.
Is it any wonder why DHS has hired outside counsel to prepare for potential impeachment proceedings?
As the process moves forward, there are a few things to keep in mind. The first is the historical oddity of such an effort: The only time in American history that a cabinet secretary was impeached was in 1876, when the House impeached Secretary of War William Belknap — after he left office — over alleged bribes. (He was later acquitted by senators.)
The second is that even if Mayorkas is impeached, there’s little to suggest the Senate would convict him and remove him from office. Politico recently reported that some GOP senators “are openly signaling that even if impeachment managed to squeak through the House, it would quickly die in their chamber — and not just at the hands of the Democratic majority.”
Finally, there’s no reason to assume that House Republicans would stop with the Homeland Security secretary: At last count, GOP lawmakers have raised the specter of impeaching seven members of the Biden administration, including President Joe Biden himself.
It’s likely, in other words, that the impeachment circus is just getting started.