More stories

  • in

    Mayorkas Was Impeached by the House. What Happens Next?

    Republican members of the House impeached Alejandro N. Mayorkas, the homeland security secretary, with a simple majority vote on Tuesday. It sets off a series of choreographed rituals that dates back to the impeachment of former President Andrew Johnson in 1868. Here’s a look at what happens next.A ceremonial processionOnce the House approves two articles of impeachment laying out the accusations against Mr. Mayorkas as part of its oversight and investigatory responsibilities, they are then walked over to the Senate.The Senate as a court of impeachment for the trial of Andrew Johnson.Library of CongressThe day after President Johnson was impeached, in February 1868, the articles of impeachment were delivered to the Senate by Representative Thaddeus Stevens, Republican of Pennsylvania. Mr. Stevens was so ill that he had to be carried through the Capitol.Once the articles are delivered, the Senate, acting as a High Court of Impeachment, would schedule a trial during which senators would consider evidence, hear witnesses and, ultimately, vote to acquit or convict. They could also vote to dismiss the charges.The Senate trialThe House speaker names impeachment managers from the chamber who would be tasked with arguing the case against the impeached official, serving as the prosecution team in the Senate trial.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

  • in

    Congressman Who Broke With G.O.P. on Mayorkas Vote Will Not Seek Re-election

    Representative Mike Gallagher of Wisconsin, once seen as a rising star, made the announcement just days after voting against impeaching the homeland security secretary.Representative Mike Gallagher, Republican of Wisconsin, announced on Saturday that he would not run for re-election, just days after breaking with his party to cast a decisive vote against impeachment charges for Alejandro N. Mayorkas, the homeland security secretary.Mr. Gallagher, who is in his fourth congressional term, is joining dozens of other lawmakers who have decided to call it quits. But the timing of his decision was striking nonetheless, coming on the heels of his impeachment vote — which had already earned him a primary challenger — and his relative youth, compared with others who are planning to retire from Congress.“Electoral politics was never supposed to be a career and, trust me, Congress is no place to grow old,” Mr. Gallagher, 39, said in a statement, adding that he had made the decision not to run “with a heavy heart.”Mr. Gallagher, a Marine Corps veteran and a former congressional staffer, was an influential voice in the House when it came to matters of national security and the military. He was particularly outspoken about the wars in Afghanistan and Ukraine, as well as cybersecurity, having co-chaired an intergovernmental commission on the issue early in his congressional career.Last year, when House Speaker Kevin McCarthy selected him to lead a new committee tasked with investigating threats posed by the Chinese Communist Party, he was the youngest Republican wielding a panel chairman’s gavel.Mr. Gallagher also caught the eye of Senate Republican recruiters, who attempted last year to convince him to run against Senator Tammy Baldwin, Democrat of Wisconsin. But Mr. Gallagher decided against that bid, announcing at the time that he would seek re-election to the House.His standing in the G.O.P. appeared to have shifted earlier this week, however, after he became the third House Republican to refuse to back the impeachment effort against Mr. Mayorkas. The charges, of refusing to uphold the law and breaching the public trust, were widely dismissed by legal experts as not meeting the constitutional threshold of high crimes and misdemeanors.The effort to impeach Mr. Mayorkas failed by just one vote.“The proponents of impeachment failed to make the argument as to how his stunning incompetence meets the impeachment threshold,” Mr. Gallagher said in a statement this week defending his decision, arguing that impeaching Mr. Mayorkas would “set a dangerous new precedent that will be weaponized against future Republican administrations.”The House is expected to try to impeach Mr. Mayorkas again next week, once Representative Steve Scalise of Louisiana, the House’s No. 2 Republican who has been absent while undergoing treatment for blood cancer, returns to Washington.Mr. Gallagher did not say precisely what he planned to do next, though he indicated that his next role would also be in the national security space.“Though my title may change, my mission will always be the same,” he said in a statement. “Deter America’s enemies and defend the Constitution.” More

  • in

    House Republicans Release Impeachment Charges Against Mayorkas

    The articles accuse the homeland security secretary of refusing to uphold the law and breaching the public trust in his handling of immigration. A House committee is scheduled to approve them on Tuesday.House Republicans on Sunday released two articles of impeachment against Alejandro N. Mayorkas, the homeland security secretary, charging President Biden’s top immigration official with refusing to uphold the law and breaching the public trust in his handling of a surge of migration at the U.S. border with Mexico.Leaders of the House Homeland Security Committee laid out their case against Mr. Mayorkas ahead of a Tuesday meeting to approve the charges, paving the way for a quick House vote as soon as early next month to impeach him. It would be the culmination of Republicans’ attacks on Mr. Biden’s immigration policies and an extraordinary move given an emerging consensus among legal scholars that Mr. Mayorkas’s actions do not constitute high crimes and misdemeanors.The push comes as House Republicans, egged on by former President Donald J. Trump, dig in against a bipartisan border compromise Mr. Mayorkas helped to negotiate with a group of senators, which Mr. Biden has vowed to sign. House G.O.P. lawmakers have dismissed the agreement as too weak and argued that they cannot trust Mr. Biden to crack down on migration now when he has failed to in the past.The charges against Mr. Mayorkas, should they be approved by full the House, are all but certain to fizzle in the Democratic-led Senate, where Mr. Mayorkas would stand trial and a two-thirds majority would be needed to convict and remove him. But the process would yield a remarkable election-year political spectacle, effectively putting Mr. Biden’s immigration record on trial as Mr. Trump, who has made a border crackdown his signature issue, seeks to clinch the Republican presidential nomination to run against him.The first impeachment article essentially brands the Biden administration’s border policies an official crime. It accuses Mr. Mayorkas of willfully and systematically flouting laws requiring migrants to be detained by carrying out “catch and release” policies that allow some to stay in the United States pending court proceedings and others fleeing certain war-torn and economically ravaged countries to live and work in the country temporarily. Immigration laws grant the president broad leeway to do both.The second article charges Mr. Mayorkas with lying to Congress about whether the border was secure and obstructing lawmakers’ efforts to investigate him.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

  • in

    Trump da un paso más en su solicitud de ‘inmunidad absoluta’

    Exfuncionarios del gobierno destacan que la postura de Trump tiene “consecuencias absurdas y de gran alcance”.Casi no hay nada en el texto de la Constitución de Estados Unidos que siquiera respalde de manera remota el más osado argumento de la defensa del expresidente estadounidense Donald Trump contra el cargo de conspiración para anular las elecciones de 2020: que tiene inmunidad absoluta contra cualquier acusación por las acciones realizadas mientras ocupaba el cargo.La próxima semana, un tribunal federal de apelaciones evaluará los fundamentos expuestos en los alegatos, y el panel considerará factores como la historia, los precedentes y la división de poderes. Sin embargo, como ha reconocido la Corte Suprema, la Constitución en sí misma no aborda de manera explícita el tema de la existencia o el alcance de la inmunidad presidencial.En su recurso de apelación, Trump señala que el análisis incluyó una disposición constitucional, aunque su argumento no tiene muchos fundamentos legales. Tal disposición, la cláusula relativa al caso de una sentencia por juicio político, estipula que los funcionarios sometidos a juicio político por la Cámara de Representantes y declarados culpables por el Senado todavía pueden quedar sujetos a un procedimiento penal.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

  • in

    Trump’s Most Ambitious Argument in His Bid for ‘Absolute Immunity’

    The former president says his acquittal by the Senate in his second impeachment trial, for inciting insurrection, bars any prosecution on similar grounds.There is almost nothing in the words of the Constitution that even begins to support former President Donald J. Trump’s boldest defense against charges that he plotted to overturn the 2020 election: that he is absolutely immune from prosecution for actions he took while in office.A federal appeals court will hear arguments on the question next week, and the panel will consider factors including history, precedent and the separation of powers. But, as the Supreme Court has acknowledged, the Constitution itself does not explicitly address the existence or scope of presidential immunity.In his appellate brief, Mr. Trump said there was one constitutional provision that figured in the analysis, though his argument is a legal long shot. The provision, the impeachment judgment clause, says that officials impeached by the House and convicted by the Senate are still subject to criminal prosecution.The provision says: “Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States: But the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.”All the clause says in so many words, then, is that “the party convicted” in the Senate can still face criminal prosecution. But Mr. Trump said the clause implied something more.The clause “presupposes that a president who is not convicted may not be subject to criminal prosecution,” Mr. Trump’s brief said.A friend-of the-court brief from former government officials said Mr. Trump’s position had “sweeping and absurd consequences,” noting that a great many officials are subject to impeachment.“Under defendant’s interpretation,” the brief said, “the executive would lack power to prosecute all current and former civil officers for acts taken in office unless Congress first impeached and convicted them. That would permit countless officials to evade criminal liability.”Mr. Trump also made a slightly narrower but still audacious argument: “A president who is acquitted by the Senate cannot be prosecuted for the acquitted conduct.”Mr. Trump was, of course, acquitted at his second impeachment trial, on charges that he incited insurrection, when 57 senators voted against him, 10 shy of the two-thirds majority needed to convict.The idea that the impeachment acquittal conferred immunity from prosecution may come as a surprise to some of those who did the acquitting.Take Senator Mitch McConnell, the Republican leader, who voted for acquittal. Shortly afterward, in a fiery speech on the Senate floor, he said the legal system could still hold Mr. Trump to account.“We have a criminal justice system in this country,” Mr. McConnell said. “We have civil litigation. And former presidents are not immune from being held accountable by either one.”That suggests that Mr. Trump’s reading of the clause is far from obvious, but the Justice Department has said that it is not wholly implausible. In 2000, its Office of Legal Counsel issued a 46-page memorandum devoted to just this question. It was called “Whether a Former President May Be Indicted and Tried for the Same Offenses for Which He was Impeached by the House and Acquitted by the Senate.”The argument that such prosecutions run afoul of the Constitution “has some force,” according to the memo, which was prepared by Randolph D. Moss, now a federal judge. But, it went on, “despite its initial plausibility, we find this interpretation of the impeachment judgment clause ultimately unconvincing.”It added: “We are unaware of any evidence suggesting that the framers and ratifiers of the Constitution chose the phrase ‘the party convicted’ with a negative implication in mind.”More fundamentally, the memo said, “impeachment and criminal prosecution serve entirely distinct goals.” Impeachment trials involve political judgments. Criminal trials involve legal ones.In a brief filed on Saturday, Jack Smith, the special counsel, wrote that “acquittal in a Senate impeachment trial may reflect a technical or procedural determination rather than a factual conclusion.” The brief noted that at least 31 of the 43 senators who voted to acquit Mr. Trump at the impeachment trial said they did so at least in part because he was no longer in office and thus not subject to the Senate’s jurisdiction.Mr. Trump’s reading of the provision “would produce implausibly perverse results,” Judge Tanya S. Chutkan, who is overseeing his trial in Federal District Court in Washington, wrote in a decision last month rejecting Mr. Trump’s claim of absolute immunity.She noted that the Constitution permits impeachment for a narrow array of offenses — “treason, bribery or other high crimes or misdemeanors.”Under Mr. Trump’s reading, Judge Chutkan wrote, “if a president commits a crime that does not fall within that limited category, and so could not be impeached and convicted, the president could never be prosecuted for that crime.”“Alternatively,” she went on, “if Congress does not have the opportunity to impeach or convict a sitting president — perhaps because the crime occurred near the end of their term, or is covered up until after the president has left office — the former president similarly could not be prosecuted.”She added that President Gerald R. Ford’s pardon of former President Richard M. Nixon, who resigned as calls to impeach him for his role in the Watergate scandal grew, would have been unnecessary under Mr. Trump’s reading. More

  • in

    The Anti-Democratic Quest to Save Democracy from Trump

    Let’s consider a counterfactual. In the autumn of 2016, with American liberalism reeling from the election of Donald Trump, a shattered Hillary Clinton embraces the effort to pin all the blame on Vladimir Putin.She barnstorms the country arguing that the election was fundamentally illegitimate because of foreign interference. She endorses every attempt to prove that Russian disinformation warped the result. She touts conspiracy theories that supposedly prove that voting machines in Wisconsin were successfully hacked. She argues that her opponent should not be allowed to take office, that he’s a possible Manchurian candidate, a Russian cat’s paw. And she urges Democrats in Congress and Vice President Joe Biden to refuse to certify the election — suggesting that it could somehow be rerun or even that patriotic legislators could use their constitutional authority to make her, the popular-vote winner, president instead.Her crusade summons up a mass movement — youthful, multiracial and left wing. On Jan. 6, 2017, a crowd descends on the National Mall to demand that “Trump the traitor” be denied the White House. Clinton stirs them up with an angry speech, and protesters attack and overwhelm the Capitol Police and surge into the Capitol, where one is shot by a police officer and the rest mill around for a while and finally disperse.The election is still certified, and Trump becomes president two weeks later. But he is ineffective and unpopular, and it looks as though Clinton, who is still denying his legitimacy, will be the Democratic nominee again. At which point right-wing legal advocacy groups announce an effort to have her removed from primary ballots, following the guidance of originalist scholars who argue that under the 14th Amendment, she has betrayed her senatorial oath by fomenting insurrection and is ineligible to hold political office.Is she?No doubt some readers, firm in the consistency required by the current effort to remove Trump from the 2024 presidential ballot, will bite the bullet and say that in this hypothetical scenario, yes, she is. Others will pick apart my attempted parallel — insisting, say, that it makes all the difference that Russia’s interference efforts were real, whereas the voter fraud claimed by Trump was not, or arguing that Trump’s conspiracy was more comprehensive than what I’ve just described.My view is that you can construct the analogy any way you like: Had Clinton explicitly tried to induce Congress to overturn the result of the 2016 race and had a left-wing protest on her behalf turned into a certification-disrupting riot, almost none of the people currently insisting that we need to take the challenge to Trump’s ballot access very seriously would be saying the same about a challenge to her eligibility. Instead, they would be accusing that challenge of being incipiently authoritarian, a right-wing attack on our sacred democracy.And they would have a point. Removing an opposition candidate from the ballot, indeed, a candidate currently leading in some polling averages (pending the economic boom of 2024 that we can all hope is coming), through the exercise of judicial power is a remarkably antidemocratic act. It is more antidemocratic than impeachment, because the impeachers and convicters, representatives and senators, are themselves democratically elected and subject to swift democratic punishment. It is more antidemocratic than putting an opposition politician on trial, because the voters who regard that trial as illegitimate are still allowed to vote for an indicted or convicted politician, as almost a million Americans did for Eugene V. Debs while he languished in prison in 1920.Sometimes the rules of a republic require doing antidemocratic things. But if the rule you claim to be invoking treats Jan. 6 as the same kind of event as the secession of the Confederacy, consider the possibility that you have taken the tropes of anti-Trump punditry too literally.The term “insurrection,” New York magazine’s Jonathan Chait wrote on Wednesday, is “a defensible shorthand for Jan. 6.” But it’s not “the most precise” term, because while “Trump attempted to secure an unelected second term in office,” he “was not trying to seize and hold the Capitol nor declare a breakaway republic.”This concession prompted howls of online derision from his left-wing critics, but Chait is obviously, crashingly correct. There are arguments about precedent and implementation that tell against the case for Trump’s ineligibility and prudential arguments about the wisdom of suppressing populist fervor by judicial fiat. But the most important point is that there are many things a politician can do to subvert a democratic outcome, all of them impeachable and some of them potentially illegal, that are simply not equivalent to military rebellion, even if a bunch of protesters and rioters get involved.To insist otherwise, in the supposed service of the Constitution, is to demonstrate yet again that too many would-be saviors of our Republic would cut a great road through reason and good sense if they could only be assured of finally getting rid of Donald Trump.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow the New York Times Opinion section on Facebook, Instagram, TikTok, X and Threads. More

  • in

    Democrats Keep Hoping It’s Curtains for Trump. He’s Still Center Stage.

    As Donald Trump faces a new threat to his political future, this time over the question of ballot eligibility, Democrats again find themselves looking toward American institutions to stop him.For as long as Donald J. Trump has dominated Republican politics, many Democrats have pined for a magical cure-all to rid them of his presence.There was the Mueller investigation into Mr. Trump’s 2016 campaign and its ties to Russia, which began four months into his presidency. Then came the first impeachment. Then, after Mr. Trump lost the 2020 election and his supporters stormed the Capitol, the second impeachment.Each time, Democrats entertained visions of Mr. Trump meeting his political downfall. Each time, they were disappointed.This year, liberal hopes have sprung anew, with federal and state prosecutors bringing 91 felony charges against Mr. Trump in four criminal cases.Then, on Tuesday, came what appeared to be an out-of-the-blue act of deliverance from Denver. Colorado’s top court ruled that Mr. Trump should be disqualified from holding office on the grounds that he incited an insurrection on Jan. 6, 2021, a decision that is likely to end up at the U.S. Supreme Court.Once again, Democrats find themselves looking toward American institutions to stop Mr. Trump, whom they view as a mortal threat to democracy. For many, it may be more pleasant to think about a judicial endgame that stops Mr. Trump than envisioning the slog of next year’s likely rematch against President Biden.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

  • in

    Attention! There’s Life Beyond the Digital.

    More from our inbox:A Party Pooper’s View of the New Climate DealThe Biden Impeachment Inquiry: ‘Republicans, Have You No Shame?’The 1968 and 2024 ElectionsThe A.I. StakesVeterans’ Suicides by Firearm Harry WrightTo the Editor:Re “Fight the Powerful Forces Stealing Our Attention,” by D. Graham Burnett, Alyssa Loh and Peter Schmidt (Opinion guest essay, Nov. 27):In 2010, frustrated that I had to admonish the students in my large sophomore lecture course to turn off their cellphones at the start of each class, only to see them return to them immediately at the end, I told them a story.When I went to college, I explained, there were no cellphones. After class, we thought about what we had just learned, often discussing it with our friends. Why not try an experiment: for one week, no cellphones for 10 minutes after every class? Only three of the 80 students accepted the challenge, and not surprisingly, they reported back that they were thrilled to find themselves learning more and enjoying it more thoroughly.So, hats off to the authors of this essay who are teaching attentiveness. I fear, though, that they are trying to empty the ocean with a teaspoon. Would that they prove me wrong.Richard EtlinNew YorkThe writer is distinguished university professor emeritus at the School of Architecture, Planning & Preservation, University of Maryland, College Park.To the Editor:Of course, we have lost a good deal of our ability to focus and concentrate with the persistence of digital information gnawing at our attention spans. While this is not a new problem, it has been grossly intensified.The answer in the past, and the answer now, is libraries: places of quiet reading, contemplation, study, thinking, even daydreaming.To put away electronic media for a time and enjoy the silence of a library is a gift for personal balance and tranquillity.Bonnie CollierBranford, Conn.The writer is a retired associate director for administration, Yale Law Library.To the Editor:Some years ago I returned to the tiny Greek island my family left in 1910. “There’s nothing there,” everybody said. But the nothing that was there was the absolute antidote to most of the malaise of modern life, or, as my daughter calls it, “the digital hellscape.”The effect was immediate. No credit cards, no taxi apps, no alarm systems, none of it. Just the sounds of the goat bells on the hills and people drinking coffee and staring at the water and talking to each other. And it wasn’t boring at all.Jane WardenMalibu, Calif.A Party Pooper’s View of the New Climate Deal Fadel Dawod/Getty ImagesTo the Editor:Re “In Climate First, Pact Seeks Shift on Fossil Fuels” (front page, Dec. 14):I hate to be a climate summit party pooper, but the bottom line is that the new deal being celebrated is not legally binding and can’t, on its own, force any country to act. History has shown that if a country isn’t forced to act, it usually won’t.How do I know that? We just had the hottest year on record, with global fossil-fuel emissions soaring to record highs. We had agreed not to go there. Here we are.Douglas G. WilliamsMinneapolisThe Biden Impeachment Inquiry: ‘Republicans, Have You No Shame?’Representative James Comer, left, and Representative Jim Jordan have led the Republican impeachment inquiry.Kenny Holston/The New York TimesTo the Editor:Re “Impeachment Inquiry Approved, Despite No Proof of Biden Crime” (front page, Dec. 14):This is a sad day for our country. Republicans voted to have an impeachment inquiry into President Biden without having any basis on which to proceed. Why did they take this unprecedented step? They were responding to the wishes of Donald Trump.The constitutional power of the House of Representatives to impeach is a solemn duty reserved for instances where a president has committed “high crimes or misdemeanors.” In this case, there is not a shred of evidence of any wrongdoing, only a father’s love for his surviving son.Republicans, have you no shame? You will rue the day you voted in such an unethical manner. To use impeachment as a political tool in the 2024 election is an embarrassment for the whole world to see.I am afraid that we have reached the point where retribution is one party’s focus instead of the myriad needs of the people of this nation.Ellen Silverman PopperQueensThe 1968 and 2024 Elections Haiyun Jiang for The New York TimesTo the Editor:Reading about how President Biden is losing support among young pro-Palestinian college kids takes me back to my youth. I’m a baby boomer, and this reminds me of the 1968 presidential election between Richard Nixon and Hubert Humphrey.So many of my generation were so angry about the Vietnam War and how Vice President Humphrey had backed President Lyndon B. Johnson’s handling of the war that many of us refused to vote for Humphrey. Nixon was elected, and the war continued.As President Biden often says, an election is a choice. However, one can also choose not to vote. Those of us who refused to vote for Humphrey may well have tipped the election to Nixon, and with it all of the consequences that followed.It is a cliché that the perfect is the enemy of the good, but there is a lot of truth to it. I fervently hope we don’t make that mistake in 2024.Stuart MathNew YorkThe A.I. StakesTo the Editor:Re “How Money, Ego and Fear Lit A.I.’s Fuse” (“The A.I. Race” series, front page, Dec. 4):Although the history of artificial intelligence may read like a struggle between those favoring cautious development and those intent on advancing the technology rapidly with fewer restrictions, it was inevitable that the latter would come out on top.Given the resources required to scale the technology, it could be developed only with the support of parties with enormous computing power and very deep pockets (in other words, Google, Microsoft, Amazon and Meta).And in return for their investments of billions of dollars, it is hardly surprising that those competing parties would demand rapid advancement with fewer restrictions in the hope of controlling the future of an industry that holds the promise of spectacular profit.In retrospect, the proponents of a cautious approach to the development of A.I. never stood a chance.Michael SilkLaguna Woods, Calif.Veterans’ Suicides by FirearmPhotos of people who died by suicide were displayed during an awareness event in Los Angeles last month.Allen J. Schaben/Los Angeles Times, via Getty ImagesTo the Editor:Re “U.S. Rate of Suicide by Firearm Reaches Record Level, Report Says” (news article, Dec. 2):The increasing use of firearms in suicides is particularly concerning among veterans. Suicide rates among veterans are twice as high as among civilians, and veterans are twice as likely as civilians to use a firearm in a suicide attempt. Younger veterans are at especially high risk; those under the age of 55 have the highest rates of suicide by firearm.New data from the U.S. Department of Veterans Affairs offers a glimmer of hope: New York State is bucking the trend. It saw a 13 percent decrease in firearm-related suicides by veterans in 2021. That conforms with research findings that states with stricter gun control policies experience fewer firearm-related suicides.Saving lives means reducing access to lethal means.Derek CoyNew YorkThe writer, an Iraq veteran, is senior program officer for veterans’ health at the New York Health Foundation. More