Alton Absher
Clark Griswold [revealing his Christmas bonus]: “It’s a . . . one-year membership to the Jelly of the Month Club.”
Cousin Eddie: “Clark, that’s the gift that keeps on giving the whole year.”
- National Lampoon’s Christmas Vacation (1989)
In February, the House of Representatives voted to impeach Homeland Security Secretary Alejandro Mayorkas for refusing to enforce federal immigration law and for lying to Congress. And on Wednesday, the Senate voted along party lines to dismiss the impeachment.
Republicans are upset at this development, to put it mildly. And they have good reason to be. For the first time in history, the Senate dismissed an impeachment without holding a trial.
But this unprecedented move by Senate Democrats may actually inure to the benefit of Republicans. In fact, just like the Jelly of the Month Club, it could end up being “the gift that keeps on giving.”
As an initial matter, there was no realistic chance of convicting Mayorkas in the Senate. Democrats hold a 51-49 seat majority, and it takes 67 votes to convict. To paraphrase a wise man, Mayorkas could shoot someone on Fifth Avenue, and the Senate have a hard time wrangling enough votes to convict.
But with the Democrats dismissing the impeachment case along party lines, they have handed Republicans at least one—and potentially two—political gifts.
First, this November, there are several vulnerable Democrat Senators up for reelection in red and purple states such as Montana, Ohio, Nevada, and Wisconsin. These Senators are now on record voting to dismiss the impeachment without hearing any evidence. With the border and immigration as top issues in this election, the ads practically write themselves.
But wait, there’s more!
Senate Democrats have now set a precedent.
The next time Democrats in the House impeach a Republican President, Republicans in the Senate can do exactly what the Senate Democrats did here. They can simply dismiss the case.
And we may see this situation unfold sooner rather than later. This fall, Republicans are favored to win the Senate, and the House will likely have a slim majority of either party. If President Trump wins, House Democrats will seek to impeach him for anything they can think of (we’ve seen this movie before, haven’t we?). Under this new precedent, even if House Democrats are able to pass politically motivated articles of impeachment against President Trump or members of his administration, a GOP Senate can simply dismiss the charges.
And that would truly be a gift that keeps on giving.
Alton Absher practices law in Winston-Salem and is President of the Forsyth County Republican Men’s Club.