According to Fox News Digital, approximately a dozen GOP senators have been strategizing for over a week to obstruct the Senate's regular business and legislative proceedings. This action is contingent on the agreement of points of order in Secretary Mayorkas' impeachment trial when the House impeachment managers present the articles to Senate Majority Leader Chuck Schumer, a Democrat from New York.
A Senate Republican aide, who wished to remain anonymous, explained to Fox News Digital that "The Senate runs on unanimous consent. Any one senator can do that." The aide further disclosed that these discussions have been ongoing since the previous week.
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Before any trial can commence, a specific set of facts, or points of order, must be agreed upon once the impeachment articles reach the Senate. "We go about a process to negotiate the precise procedural metes and bounds of this particular impeachment proceedings," Senator Mike Lee, a Republican from Utah, explained at a press conference on the Mayorkas impeachment on Tuesday.
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At the same press conference, Senator John Kennedy, a Republican from Louisiana, noted that Senate president pro tempore Patty Murray, a Democrat from Washington, would preside over the proceedings. He expressed concern that Senator Schumer might instruct her to only recognize him, thereby denying the Republicans a chance to make a point of order.
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April 11, 2024
A second Senate Republican aide confirmed that several senators are advocating for slowing or even halting legislative business if the impeachment is tabled. Schumer's office, however, did not immediately respond to Fox News Digital's request for comment.
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A high-ranking Senate Republican source noted that such a delay is always a possibility in the upper chamber, as any senator can choose to object at any time. They indicated that a halt of this nature would be more likely if the articles were delivered this week.
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House Speaker Mike Johnson, a Republican from Louisiana, decided to postpone the delivery of the articles to the Senate until next week. This decision came after pressure from GOP senators who did not want the impeachment trial to precede a weekend when most of the Senate would be preparing to return to their home states.
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However, if Schumer and the Democrats attempt to table the impeachment trial next week, there would be nothing preventing Republican senators from objecting to basic procedural measures.
The extent of support for such protest actions within the entire conference is unclear. A source familiar with a Republican Senate lunch at the National Republican Senatorial Committee on Tuesday told Fox News Digital that the discussion also took place there. The source reported that the idea had the backing of numerous senators and was not dismissed by anyone.
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The Senate Republican aide provided examples of what such a Senate standstill might entail. These include motions to adjourn, recess, and proceed to executive business, as well as objections to regular business such as wrap-ups. This would force the Senate to undergo lengthy procedural actions such as reading from the journal and recapping the previous day's business. The senators could also object to various requests to move forward on items with unanimous consent, including legislation, schedule items, and adjourning.
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The strategy from conservative Republicans is intended as a mechanism to bring Schumer and the Democrats to the negotiating table on the Mayorkas impeachment trial.
Sources pointed to a partial objection on Monday evening by Senator Lee during the Senate's daily wrap-up as the beginnings of resistance to Democrats dismissing impeachment trial proceedings against Mayorkas. Lee's objection led to multiple procedural hurdles that the Senate had to clear before wrapping up. Lee's office confirmed that the senator's objection was directly related to the forthcoming impeachment article delivery and the expectation that Democrats will seek to quickly offramp a trial through a procedural maneuver. The objection was intended to make his Democratic colleagues reconsider tabling the impeachment trial by demonstrating the potential difficulties Republicans could introduce within the upper chamber.
The Department of Homeland Security referred Fox News Digital to a previous statement following the House's passage of the impeachment articles. DHS spokesperson Mia Ehrenberg said, "Without a shred of evidence or legitimate Constitutional grounds, and despite bipartisan opposition, House Republicans have falsely smeared a dedicated public servant who has spent more than 20 years enforcing our laws and serving our country. Secretary Mayorkas and the Department of Homeland Security will continue working every day to keep Americans safe."
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