Senate rejects impeachment articles against Mayorkas, ending trial against Cabinet secretary

WASHINGTON (AP) — The Senate dismissed all impeachment charges against Homeland Security Secretary Alejandro Mayorkas on Wednesday, ending the House Republican push to remove the Cabinet secretary from office over his handling of the U.S.-Mexico border and shutting down his trial before arguments even began.

Senators voted to dismiss both articles of impeachment and end the proceedings, with Democrats arguing that the articles were unconstitutional. The first article charged Mayorkas with “willful and systemic refusal to comply" with immigration law and second article charged him with a “breach of trust” for saying the border was secure. The votes were 51-48 and 51-49, both along party lines.

Senate Majority Leader Chuck Schumer said the House Republicans’ charges failed to meet “the high standard of high crimes and misdemeanors” and could set a dangerous precedent.

“For the sake of the Senate’s integrity and to protect impeachment for those rare cases we truly need it, senators should dismiss today’s charges,” said Schumer, D-N.Y., as he opened Wednesday’s session.

Senate Republicans had argued for a full impeachment trial after the House narrowly voted in February to impeach Mayorkas for his handling of the border, stating in the two articles that he “willfully and systematically” refused to enforce immigration laws.

An outright dismissal of House Republicans’ prosecution of Mayorkas, with no chance to argue the case, is an embarrassing defeat for House Republicans and embattled House Speaker Mike Johnson, R-La., who made the impeachment a priority. And it is likely to resonate politically for both Republicans and Democrats in a presidential election year when border security has been a top issue.

Republicans argue that President Joe Biden has been weak on the border as arrests for illegal crossings skyrocketed to more than 2 million people during the last two years of his term, though they have fallen from a record high of 250,000 in December amid heightened enforcement in Mexico. Democrats say that instead of impeaching Mayorkas, Republicans should have accepted a bipartisan Senate compromise aimed at reducing the number of migrants who come into the U.S. illegally.

House impeachment managers delivered the charges to the Senate on Tuesday, standing in the well of the Senate and reading them aloud to a captive audience. But they did not get a chance to present the case before the Senate dismissed it.

The historic nature of the trial — the first time in nearly 150 years that a Cabinet secretary was impeached — contrasted with the almost routine feel of the proceedings after senators have sat through two previous impeachment trials against former President Donald Trump in 2020 and 2021. And with a quick dismissal almost inevitable, the Senate never even set up the chamber for the occasion, which usually includes tables on each side for the impeachment managers and defense lawyers.

Still, there was a bit of the traditional pomp. As the trial began, senators approached the front of the Senate in groups of four to sign an oath book that is stored in the National Archives.

Schumer called for the votes to dismiss the two charges after Republicans rejected a proposed agreement for Senate debate time and several votes on GOP objections. Missouri Sen. Eric Schmitt stood in the chamber and said Republicans wouldn't accept Schumer's offer because Democrats were “bulldozing 200 years of precedent" on impeachments by trying to dismiss the trial.

Angry Republicans called for several votes to delay the inevitable final outcome, but none of them passed as Democrats and three Independents held together.

Frustrated, Senate Republican Leader Mitch McConnell, R-Ky., said “history will not judge this moment well.”

“This process must not be abused," McConnell said. "It must not be short-circuited."

At the same time, Republicans similarly moved to dismiss former President Donald Trump's second impeachment trial in 2021, weeks after the Jan. 6, 2021, attack on the Capitol. All but five GOP senators — including McConnell — voted to end the trial, arguing it was unconstitutional because Trump had already left office.

After Democrats dismissed the charges, Johnson and members of his House GOP leadership team said in a joint statement that “by voting unanimously to bypass their constitutional responsibility, every single Senate Democrat has issued their full endorsement of the Biden Administration’s dangerous open border policies."

Even if the Senate had held a trial, Republicans would not have been able to win the support of the two-thirds of the Senate that is needed to convict and remove Mayorkas from office — Democrats control the Senate, 51-49, and they remained united against the impeachment effort. Not one House Democrat supported it, either.

Even some Republicans questioned the impeachment effort from the start. Utah Sen. Mitt Romney had said for weeks that he was considering voting with Democrats to dismiss the charges but ultimately voted with his own party. After the votes, he said he does not believe the charges rise to high crimes but he did not want to dismiss them because “it was important to engage in some level of debate.”

Mayorkas, who was in New York on Wednesday to launch a campaign for children’s online safety, reiterated that he’s focused on the work of his department. “The Senate is going to do what the Senate considers to be appropriate as that proceeds,” he said. “I am here in New York City on Wednesday morning fighting online sexual exploitation and abuse. I’m focused on our mission.”

Department spokeswoman Mia Ehrenberg said after the votes that the Senate's decision to end the trial “proves definitively that there was no evidence or Constitutional grounds to justify impeachment.”

Johnson delayed sending the articles to the Senate for weeks while both chambers finished work on government funding legislation and took a two-week recess. Johnson had said he would send them to the Senate last week, but he punted again after Senate Republicans said they wanted more time to prepare.

At a hearing with Mayorkas on Tuesday about President Joe Biden's budget request for the department, some of the House impeachment managers previewed the arguments they would have made.

Tennessee Rep. Mark Green, the chairman of the House Homeland Security panel, told the secretary he has a duty under the law to control and guard U.S. borders, and “during your three years as secretary, you have failed to fulfill this oath. You have refused to comply with the laws passed by Congress, and you have breached the public trust.”

Mayorkas defended the department's efforts but said the nation's immigration system is “fundamentally broken, and only Congress can fix it."

The impeachment trial was the third in five years. Democrats impeached Trump twice, once over his dealings with Ukraine and the second time in the days after the Capitol attack. Trump was acquitted by the Senate both times.

Schumer said the charges against Mayorkas did not compare to those against Trump and were engineered to help the former president as he runs again this year. He said the Republican charges were policy disputes, not high crimes, and it was important to set a precedent.

“Secretary Mayorkas has not been accused of treason or accepting bribes or unlawfully attacking our elections or anything of the sort,” Schumer said. “He did not blackmail a foreign power to dig dirt on a political opponent. Nor did he incite a violent mob to wage an insurrection against the peaceful transfer of power.”

He called the Republican case “an illegitimate and profane abuse of the U.S. Constitution.”

Connecticut Sen. Chris Murphy, a Democrat, acknowledged that dismissing the trial was “a different Senate process," but said the “risk of normalizing what the House did is bigger than the risk of establishing a new precedent in the Senate.”

Associated Press writer Elliot Spagat in San Diego, California contributed to this report.

In this image from video from Senate Television, Senate Minority Leader Mitch McConnell of Ky., signs the oath book during the impeachment trial of Homeland Security Secretary Alejandro Mayorkas on the Senate floor at the U.S. Capitol, Wednesday, April 17, 2024, in Washington. (Senate Television via AP)

In this image from video from Senate Television, Sen. Patty Murray, D-Wash., presiding over the Senate acting as a court of impeachment, announces the results of the vote to adjourn the court of impeachment, at the impeachment trial of Homeland Security Secretary Alejandro Mayorkas on the Senate floor at the U.S. Capitol, Wednesday, April 17, 2024, in Washington. (Senate Television via AP)

In this image from video from Senate Television, Senate Sergeant at Arms Karen Gibson makes the proclamation during the impeachment trial of Homeland Security Secretary Alejandro Mayorkas on the Senate floor at the U.S. Capitol, Wednesday, April 17, 2024, in Washington. (Senate Television via AP)

In this image from video from Senate Television, Senate Majority Leader Chuck Schumer of N.Y., speaks during the impeachment trial of Homeland Security Secretary Alejandro Mayorkas on the Senate floor at the U.S. Capitol, Wednesday, April 17, 2024, in Washington. (Senate Television via AP)

In this image from video from Senate Television, Sen. Patty Murray, D-Wash., swears senators in for the impeachment trial of Homeland Security Secretary Alejandro Mayorkas on the Senate floor at the U.S. Capitol, Wednesday, April 17, 2024, in Washington. (Senate Television via AP)

In this image from video from Senate Television, Sen. Patty Murray, D-Wash., signs the impeachment book for Secretary of the Senate Sonceria Berry during the impeachment trial of Homeland Security Secretary Alejandro Mayorkas on the Senate floor at the U.S. Capitol, Wednesday, April 17, 2024, in Washington. (Senate Television via AP)

In this image from video from Senate Television, Sen. Patty Murray, D-Wash., presides over the court of impeachment and prepares to swear senators in for the impeachment trial of Homeland Security Secretary Alejandro Mayorkas on the Senate floor at the U.S. Capitol, Wednesday, April 17, 2024, in Washington. (Senate Television via AP)

In this image from video from Senate Television, Sen. Patty Murray, D-Wash., is sworn in to preside by Sen. Chuck Grassley, R-Iowa, during the impeachment trial of Homeland Security Secretary Alejandro Mayorkas on the Senate floor at the U.S. Capitol, Wednesday, April 17, 2024, in Washington. (Senate Television via AP)

In this image from video from Senate Television, Sen. Patty Murray, D-Wash., swears senators in for the impeachment trial of Homeland Security Secretary Alejandro Mayorkas on the Senate floor at the U.S. Capitol, Wednesday, April 17, 2024, in Washington. (Senate Television via AP)

Homeland Security Secretary Alejandro Mayorkas testifies before the House Committee on Homeland Security during a hearing on "A Review of the Fiscal Year 2025 Budget Request for the Department of Homeland Security" on Capitol Hill in Washington, Tuesday, April 16, 2024. (AP Photo/Jose Luis Magana)

Homeland Security Secretary Alejandro Mayorkas testifies before the House Committee on Homeland Security during a hearing on "A Review of the Fiscal Year 2025 Budget Request for the Department of Homeland Security" on Capitol Hill in Washington, Tuesday, April 16, 2024. (AP Photo/Jose Luis Magana)

Homeland Security Secretary Alejandro Mayorkas is sworn-in before the House Committee on Homeland Security during a hearing on "A Review of the Fiscal Year 2025 Budget Request for the Department of Homeland Security" on Capitol Hill in Washington, Tuesday, April 16, 2024. (AP Photo/Jose Luis Magana)

House Impeachment Managers from left, Rep. Michael Guest, R-Miss., Rep. Andy Biggs, R-Ariz., House Foreign Affairs Committee Chairman Michael McCaul, R-Texas, House Committee on Homeland Security Chairman Mark Green, R-Tenn., and Rep. Marjorie Taylor Greene, R-Ga., walk cross the Capitol Rotunda to the Senate chamber to deliver Homeland Security Secretary Alejandro Mayorkas' Impeachment Articles at the Capitol in Washington, Tuesday, April 16, 2024. (AP Photo/Jose Luis Magana)

MIAMI (AP) — The good news for the Miami Heat is that the Boston Celtics might not be back in South Florida for a few months.

And that’s also the bad news for the Heat.

Boston now has full control of this Eastern Conference series, with Derrick White scoring a career-high 38 points on Monday night and leading the top-seeded Celtics past the eighth-seeded Heat 102-88 to take a 3-1 lead in their opening-round NBA playoff series.

“I made a couple shots early,” said White, who was 15 of 26 from the field and 8 of 15 from 3-point range. “That always helps. Once you make a couple, the basket looks huge.”

The Celtics won at Miami for the sixth straight time and improved to 14-3 in their last 17 games on the Heat's home floor. But it was a costly win, with Kristaps Porzingis going down in the first half with what the team said was a right calf injury. He left the arena in a walking boot, often used as a precaution.

Celtics coach Joe Mazzulla said he had not gotten a postgame update on Porzingis' condition.

“I didn't see what happened,” Mazzulla said.

Jayson Tatum added 20 points and 10 rebounds for the Celtics, who got 17 points from Jaylen Brown and 11 from Jrue Holiday.

“We had to keep fighting,” Tatum said, “and play desperate in a way.”

Bam Adebayo finished with 25 points, 17 rebounds and five assists for Miami, which had a sellout crowd — including Lionel Messi — but played again without injured starters Jimmy Butler (knee) and Terry Rozier (neck). The Heat managed only 84 points in Game 3 and struggled again on offense in Game 4.

Tyler Herro scored 19 points and Caleb Martin had 18 for the eighth-seeded Heat. Miami lost rookie starter Jaime Jaquez Jr. in the second half with leg tightness; he will be evaluated Tuesday.

“Offensively, we struggled again,” Heat coach Erik Spoelstra said. “We had some decent looks early on, weren't able to knock those down, and Derrick White was very good tonight — obviously. ... He was just very efficient, very good.”

The Celtics can advance to the second round on Wednesday when they host Game 5. The Boston-Miami winner will meet the Cleveland-Orlando winner in the East semifinals; that Cavaliers-Magic series won't end until at least Friday.

“We're going into the lion's den,” Adebayo said. “Everybody knows what's at stake. It's 3-1.”

But the Celtics now have an injury concern, with Porzingis lifting his jersey over his face in exasperation after getting hurt late in the first half.

“Worried,” said Celtics center Al Horford, who started after halftime in Porzingis' place. “Just concerned. ... Definitely concerning for me. He's in good spirits, but we don't know what it's going to be. I'm just hoping that it's nothing serious and he can get back to us quick.”

With 5:04 left, there was some more drama after Tatum tried to shoot a 3-pointer moments after a foul was called. Adebayo defended the dead-ball play, and Tatum rolled his left ankle after Adebayo stepped into his landing area. Referees called a flagrant-1 on Adebayo, and a technical on Horford for reacting.

Tatum remained in the game.

“I'm sure he's fine,” Mazzulla said.

Adebayo didn't want to discuss the explanation he got as to why what he did merited a flagrant-foul designation. “We're just going to move on from that,” he said.

The good news for Boston: History says this series is just about over.

This is the 29th time a Boston team has taken a 3-1 lead in a best-of-seven series. The Celtics won all 28 of the previous series, including seven times in the NBA Finals and a first-round series against Miami in 2010 — the last games the Heat played before luring LeBron James and Chris Bosh to South Florida and forming a superteam around Dwyane Wade.

Miami just couldn't keep up in this one. White had 16 points in the first quarter, when the Celtics built a 34-24 lead. And no matter what the Heat did on defense, the offense couldn't make up any gaps.

Consider: The Celtics had 34 points after 12 minutes, and it took the Heat almost 23 minutes — nearly the entire first half — to hit the 34-point mark. Miami had only 59 points through three quarters, matching a season low set in Game 1 of this series at Boston.

“I know in my heart we have a game that's there,” Spoelstra said. “It's just a matter of the ball going in a few more times, and all of a sudden it ignites.”

AP NBA: https://apnews.com/NBA

Boston Celtics guard Payton Pritchard (11) dribbles around Miami Heat center Bam Adebayo, right, during the first half of Game 4 of an NBA basketball first-round playoff series Monday, April 29, 2024, in Miami. (AP Photo/Marta Lavandier)

Miami Heat guard Tyler Herro (14) fouls Boston Celtics center Kristaps Porzingis (8) during the first half of Game 4 of an NBA basketball first-round playoff series, Monday, April 29, 2024, in Miami. (AP Photo/Marta Lavandier)

Boston Celtics forward Sam Hauser (30) defends Miami Heat guard Jaime Jaquez Jr. (11) during the second half of Game 4 of an NBA basketball first-round playoff series, Monday, April 29, 2024, in Miami. (AP Photo/Marta Lavandier)

Boston Celtics center Kristaps Porzingis (8) and forward Jayson Tatum (0) defend against Miami Heat center Bam Adebayo (13) during the first half of Game 4 of an NBA basketball first-round game, Monday, April 29, 2024, in Miami. (AP Photo/Marta Lavandier)

Boston Celtics forward Jayson Tatum (0) dribbles around Miami Heat forward Haywood Highsmith (24) during the first half of Game 4 of an NBA basketball first-round playoff series, Monday, April 29, 2024, in Miami. (AP Photo/Marta Lavandier)

Boston Celtics head coach Joe Mazzulla claps during the second half of Game 4 of an NBA basketball first-round playoff series against the Miami Heat, Monday, April 29, 2024, in Miami. (AP Photo/Marta Lavandier)

Miami Heat guard Jaime Jaquez Jr., center right, aims to score as Boston Celtics guard Derrick White (9) defends during the second half of Game 4 of an NBA basketball first-round playoff series, Monday, April 29, 2024, in Miami. (AP Photo/Marta Lavandier)

Miami Heat forward Haywood Highsmith (24) and guard Jaime Jaquez Jr. (11) defend Boston Celtics forward Jayson Tatum during the first half of Game 4 of an NBA basketball first-round playoff series, Monday, April 29, 2024, in Miami. (AP Photo/Marta Lavandier)

Boston Celtics guard Derrick White (9) and Miami Heat forward Haywood Highsmith, top, go after a rebound during the second half of Game 4 of an NBA basketball first-round playoff series, Monday, April 29, 2024, in Miami. (AP Photo/Marta Lavandier)

Miami Heat center Bam Adebayo (13) drives to the basket as Boston Celtics center Luke Kornet (40) defends during the second half of Game 4 of an NBA basketball first-round playoff series, Monday, April 29, 2024, in Miami. (AP Photo/Marta Lavandier)

Boston Celtics center Kristaps Porzingis (8) aims to score as Miami Heat guard Jaime Jaquez Jr. (11) defends during the first half of Game 4 of an NBA basketball first-round playoff series Monday, April 29, 2024, in Miami. (AP Photo/Marta Lavandier)

Boston Celtics guard Derrick White (9) scores over Miami Heat guard Tyler Herro (14) during the first half of Game 4 of an NBA basketball first-round game, Monday, April 29, 2024, in Miami. (AP Photo/Marta Lavandier)