[Congressional Record Volume 170, Number 67 (Wednesday, April 17, 2024)]
[Senate]
[Pages S2802-S2807]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  TRIAL OF ALEJANDRO NICHOLAS MAYORKAS, SECRETARY OF HOMELAND SECURITY

  The PRESIDENT pro tempore. Pursuant to rule III of the Rules of 
Procedure and Practice in the Senate when sitting on impeachment 
trials, the hour of 1 p.m. having arrived and a quorum having been 
established, the Senate will proceed to the consideration of the 
Articles of Impeachment against Alejandro N. Mayorkas, Secretary of 
Homeland Security.
  The majority leader is recognized.
  Mr. SCHUMER. Madam President, at this time, pursuant to rule III of 
the Senate rules on impeachment and the United States Constitution, the 
President pro tempore emeritus, the Senator from Iowa, will now 
administer the oath to the President pro tempore, Patty Murray:
  Mr. GRASSLEY: Will you place your left hand on the Bible and raise 
your right hand.
  Do you solemnly swear that, in all things appertaining to the trial 
of the impeachment of Alejandro N. Mayorkas, Secretary of Homeland 
Security, now pending, you will do impartial justice according to the 
Constitution and laws, so help you God?
  Mrs. MURRAY. I do.
  At this time, I will administer the oath to all Senators in the 
Chamber in conformance with article I, section 3, clause 6 of the 
Constitution and the Senate's impeachment rules.
  Will all Senators now stand and raise their right hands.
  Do you solemnly swear that in all things appertaining to the trial of 
the impeachment of Alejandro N. Mayorkas, Secretary of Homeland 
Security, now pending, you will do impartial justice according to the 
Constitution and laws, so help you God?
  SENATORS. I do.
  The PRESIDENT pro tempore. The clerk will now call the names in 
groups of four. The Senators will present themselves at the desk to 
sign the Oath Book.
  The legislative clerk called the roll, and the Senators present 
answered ``I do'' and signed the Official Oath Book.
  The PRESIDENT pro tempore. The majority leader is recognized.
  Mr. SCHUMER. Madam President, any Senator who was not in the Senate 
Chamber at the time the oath was administered to the other Senators 
will make that fact known to the Chair so that the oath may be 
administered as soon as possible to the Senator.
  The PRESIDENT pro tempore. The Sergeant at Arms will make the 
proclamation.
  The Sergeant at Arms, Karen Gibson, made proclamation as follows:

       Hear ye! Hear ye! Hear ye! All persons are commanded to 
     keep silence, under pain of

[[Page S2803]]

     imprisonment, while the Senate of the United States is 
     convened as a Court of Impeachment to consider the Articles 
     of Impeachment against Alejandro N. Mayorkas, Secretary of 
     Homeland Security.

  The PRESIDENT pro tempore. The majority leader is recognized.


                       Unanimous Consent Requests

  Mr. SCHUMER. Madam President, in a moment, I will ask unanimous 
consent to allow for debate time, to allow for Republicans to offer and 
have votes on trial resolutions, and allow for Republicans to offer and 
have votes on points of order.
  So I ask unanimous consent that Senator Lee be recognized to offer a 
resolution that is the text of S. Res. 624, the full Senate trial; that 
Senator Cruz be recognized to offer a resolution that is the text of S. 
Res. 622, the trial committee; that there then be up to 60 minutes of 
debate on the resolutions, concurrently and equally divided between the 
two leaders or their designees; and following the use or yielding back 
of that time, the Senate vote on, or in relation to, the resolutions in 
the order listed, with no amendments to the resolutions in order; 
further, that following the disposition of the trial resolutions, if 
they are not agreed to, Senator Schumer, or his designee, be recognized 
to make a motion to dismiss the first Article of Impeachment; that the 
motion be subject to only seven points of order; that there be up to 60 
minutes for debate, concurrently and equally divided, on the motion to 
dismiss and the points of order; and that following the use or yielding 
back of that time, the Senate vote in relation to the points of order 
in the order raised and the motion to dismiss; further, that if Senator 
Schumer, or his designee, makes a motion to dismiss the second Article 
of Impeachment, that the motion be subject to only one point of order; 
that there be up to 60 minutes for debate, concurrently and equally 
divided, on the motion to dismiss and the points of order; and that 
following the use or yielding back of that time, the Senate vote in 
relation to the points of order in the order raised and the motion to 
dismiss; further, that following disposition of article II, the Senate 
vote on the motion to adjourn the Court of Impeachment sine die; 
finally, that there be up to 4 minutes for debate, equally divided 
between the two leaders or their designees, prior to each rollcall 
vote, all without intervening action or debate.
  The PRESIDENT pro tempore. Is there objection?
  The Senator from Missouri.
  Mr. SCHMITT. Madam President, reserving my right to object, to 
dismiss or table the Articles of Impeachment against Secretary Mayorkas 
without trial here today or in committee is an unprecedented move by 
Senator Schumer. Never before in the history of our Republic has the 
Senate dismissed or tabled Articles of Impeachment when the impeached 
individual was alive and had not resigned.
  As Senator Schumer said in 2020:

       A fair trial has witnesses. A fair trial has relevant 
     documents, as part of the record. A fair trial seeks the 
     truth. [Nothing] more, [nothing] less.

  I will not assist Senator Schumer in setting our Constitution ablaze 
and bulldozing 200 years of precedent. Therefore, I object.
  The PRESIDENT pro tempore. Objection is heard.
  The majority leader.


                             Point of Order

  Mr. SCHUMER. Madam President, I raise a point of order that 
impeachment article I does not allege conduct that rises to the level 
of a high crime or misdemeanor, as required under article II, section 4 
of the U.S. Constitution and is, therefore, unconstitutional.
  The PRESIDENT pro tempore. Under the precedents and practices of the 
Senate, the Chair has no power or authority to pass on such a point of 
order. The Chair, therefore, under the precedents of the Senate, 
submits the question to the Senate: Is the point of order well-taken?
  The Republican leader is recognized.


                              Quorum Call

  Mr. McCONNELL. I suggest the absence of a quorum.
  The PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll, and the following 
Senators entered the Chamber and answered to their names:

                             [Quorum No. 5]

     Baldwin
     Barrasso
     Bennet
     Blackburn
     Blumenthal
     Booker
     Boozman
     Braun
     Britt
     Budd
     Butler
     Cantwell
     Capito
     Cardin
     Casey
     Cassidy
     Collins
     Coons
     Cortez Masto
     Cotton
     Crapo
     Cruz
     Daines
     Duckworth
     Durbin
     Ernst
     Fischer
     Gillibrand
     Graham
     Grassley
     Hagerty
     Hassan
     Hawley
     Heinrich
     Hickenlooper
     Hirono
     Hoeven
     Johnson
     Kaine
     Kennedy
     Klobuchar
     Lankford
     Lee
     Lujan
     Lummis
     Marshall
     McConnell
     Menendez
     Merkley
     Moran
     Mullin
     Murkowski
     Murphy
     Murray
     Ossoff
     Padilla
     Paul
     Peters
     Ricketts
     Romney
     Rosen
     Rounds
     Rubio
     Sanders
     Schatz
     Schmitt
     Schumer
     Scott (FL)
     Scott (SC)
     Shaheen
     Smith
     Stabenow
     Sullivan
     Tester
     Thune
     Tillis
     Vance
     Warner
     Warnock
     Warren
     Welch
     Whitehouse
     Wicker
     Young
  The PRESIDENT pro tempore. A quorum is present.
  The Senate is considering the point of order presented by the 
majority leader.
  The Senator from Texas.


                       Motion for Closed Session

  Mr. CRUZ. Madam President, I rise to make a motion. The majority 
leader has argued that Secretary Mayorkas's defiance of Federal 
immigration law, an act in aiding and abetting of the worst criminal 
invasion in our Nation's history, does not constitute a high crime or 
misdemeanor.
  He has presented no argument on that question. He has presented no 
briefing on that question. And the position is directly contrary to the 
Constitution, to the original understanding of the Constitution at the 
time it was ratified, and to the explicit position of the Biden 
Department of Justice as argued before the Supreme Court of the United 
States.
  The majority leader's position is asking Members of the Senate to 
vote on political expediency to avoid listening to arguments. The only 
rational way to resolve this question is actually to debate it, to 
consider the Constitution, and consider the law.
  The PRESIDENT pro tempore. The Senator will recognize that the Senate 
is in a nondebatable position. The Senator has a right to offer his 
motion, but we are in a nondebatable position.
  Mr. CRUZ. And my motion is to change that so that we can actually 
debate the law, as Senators care what the Constitution and law says.
  I therefore move that the Senate proceed to closed session to allow 
for deliberation on the question as required by impeachment rule XXIV.
  The PRESIDENT pro tempore. The majority leader.
  Mr. SCHUMER. Madam President, in our previous consent request, we 
gave your side a chance for debate in public, where it should be, and 
your side objected. We are moving forward.


                             Vote on Motion

  The PRESIDENT pro tempore. The question is on agreeing to the motion.
  Mr. CRUZ. I ask for the yeas and nays.
  The PRESIDENT pro tempore. Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  The result was announced--yeas 49, nays 51, as follows:

                      [Rollcall Vote No. 129 Imp.]

                                YEAS--49

     Barrasso
     Blackburn
     Boozman
     Braun
     Britt
     Budd
     Capito
     Cassidy
     Collins
     Cornyn
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hagerty
     Hawley
     Hoeven
     Hyde-Smith
     Johnson
     Kennedy
     Lankford
     Lee
     Lummis
     Marshall
     McConnell
     Moran
     Mullin
     Murkowski
     Paul
     Ricketts
     Risch
     Romney
     Rounds
     Rubio
     Schmitt
     Scott (FL)
     Scott (SC)
     Sullivan
     Thune
     Tillis
     Tuberville
     Vance
     Wicker
     Young

                                NAYS--51

     Baldwin
     Bennet
     Blumenthal
     Booker
     Brown
     Butler
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Fetterman
     Gillibrand
     Hassan
     Heinrich
     Hickenlooper
     Hirono
     Kaine
     Kelly
     King
     Klobuchar
     Lujan
     Manchin
     Markey
     Menendez
     Merkley
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Reed
     Rosen
     Sanders
     Schatz
     Schumer
     Shaheen
     Sinema
     Smith

[[Page S2804]]


     Stabenow
     Tester
     Van Hollen
     Warner
     Warnock
     Warren
     Welch
     Whitehouse
     Wyden
  The motion was rejected.
  The PRESIDENT pro tempore. The pending order is the motion made by 
the majority leader on a point of order.
  The Senator from Louisiana.


                           Motion to Adjourn

  Mr. KENNEDY. Madam President, I have a motion. I think my motion 
takes precedent.
  The PRESIDENT pro tempore. Will the Senator offer his motion, please.
  Mr. KENNEDY. Having heard Senator Schumer's serious allegations--
which, in my judgment, are specious--about the constitutionality of 
these impeachment proceedings, we find ourselves in the awkward 
position, because we are in impeachment proceedings, of being unable to 
discuss in public the merits of Senator Schumer's claim, and at the 
same time, my Democratic friends have refused to go into closed session 
so we can discuss it.
  The PRESIDENT pro tempore. Will the Senator----
  Mr. KENNEDY. For that reason, I move we adjourn this Court of 
Impeachment immediately until 12 o'clock noon on Tuesday, April 30, and 
I ask for the yeas and nays.


                       Vote on Motion to Adjourn

  The PRESIDENT pro tempore. The question is on the motion to adjourn?
  Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The senior assistant legislative clerk called the roll.
  The result was announced--yeas 49, nays 51, as follows:

                      [Rollcall Vote No. 130 Imp.]

                                YEAS--49

     Barrasso
     Blackburn
     Boozman
     Braun
     Britt
     Budd
     Capito
     Cassidy
     Collins
     Cornyn
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hagerty
     Hawley
     Hoeven
     Hyde-Smith
     Johnson
     Kennedy
     Lankford
     Lee
     Lummis
     Marshall
     McConnell
     Moran
     Mullin
     Murkowski
     Paul
     Ricketts
     Risch
     Romney
     Rounds
     Rubio
     Schmitt
     Scott (FL)
     Scott (SC)
     Sullivan
     Thune
     Tillis
     Tuberville
     Vance
     Wicker
     Young

                                NAYS--51

     Baldwin
     Bennet
     Blumenthal
     Booker
     Brown
     Butler
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Fetterman
     Gillibrand
     Hassan
     Heinrich
     Hickenlooper
     Hirono
     Kaine
     Kelly
     King
     Klobuchar
     Lujan
     Manchin
     Markey
     Menendez
     Merkley
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Reed
     Rosen
     Sanders
     Schatz
     Schumer
     Shaheen
     Sinema
     Smith
     Stabenow
     Tester
     Van Hollen
     Warner
     Warnock
     Warren
     Welch
     Whitehouse
     Wyden
  The motion was rejected.
  The PRESIDENT pro tempore. The Republican leader is recognized.


                            Motion to Table

  Mr. McCONNELL. The Senate just swore an oath to do impartial justice 
according to the Constitution and the laws of our country. We swore to 
discharge a duty that is quite different from our normal work. As a 
Court of Impeachment, we are called not to speak, not to debate, but to 
listen both to the case against the accused and to his defense.
  At this point in any trial in the country, the prosecution presents 
the evidence of the case, counsel for the defense does the same, and 
the jury remains silent as it listens. This is what our rules require 
of us as well.
  But the Senate has not had the opportunity to perform this duty. The 
Senate will not hear the House managers present the details of their 
case against Secretary Mayorkas; that he willingly neglected the duties 
of his office and that he lied to Congress about the extent of that 
failure. Likewise, we will not hear the Secretary's representatives 
present the vigorous defense to which he is entitled.
  Our colleagues know that we are obligated to take these proceedings 
seriously. This is what our oath prescribes; it is what the history and 
precedent require; and I would urge each of our colleagues to consider 
that this is what the Framers actually envisioned.
  The power of impeachment is one of the most delicate balances our 
constitutional system strikes with a portion of the American people's 
sovereign electoral authority. It purchases a safeguard against 
malpractice, and it gives the Senate the power and the duty to decide. 
This process must not be abused. It must not be short-circuited. 
History will not judge this moment well.


                             Vote on Motion

  Therefore, I move to table the point of order and ask for the yeas 
and nays.
  The PRESIDENT pro tempore. The question is on the motion.
  Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The senior legislative clerk called the roll.
  The yeas and nays resulted--yeas 49, nays 51, as follows:

                      [Rollcall Vote No. 131 Imp.]

                                YEAS--49

     Barrasso
     Blackburn
     Boozman
     Braun
     Britt
     Budd
     Capito
     Cassidy
     Collins
     Cornyn
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hagerty
     Hawley
     Hoeven
     Hyde-Smith
     Johnson
     Kennedy
     Lankford
     Lee
     Lummis
     Marshall
     McConnell
     Moran
     Mullin
     Murkowski
     Paul
     Ricketts
     Risch
     Romney
     Rounds
     Rubio
     Schmitt
     Scott (FL)
     Scott (SC)
     Sullivan
     Thune
     Tillis
     Tuberville
     Vance
     Wicker
     Young

                                NAYS--51

     Baldwin
     Bennet
     Blumenthal
     Booker
     Brown
     Butler
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Fetterman
     Gillibrand
     Hassan
     Heinrich
     Hickenlooper
     Hirono
     Kaine
     Kelly
     King
     Klobuchar
     Lujan
     Manchin
     Markey
     Menendez
     Merkley
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Reed
     Rosen
     Sanders
     Schatz
     Schumer
     Shaheen
     Sinema
     Smith
     Stabenow
     Tester
     Van Hollen
     Warner
     Warnock
     Warren
     Welch
     Whitehouse
     Wyden
  The PRESIDENT pro tempore. The yeas are 49, the nays are 51.
  The motion to table is not agreed to.
  The motion was rejected.


    Vote on Schumer Constitutional Point of Order Against Article I

  The PRESIDENT pro tempore. The motion before the Senate is a point of 
order.
  The question is on agreeing if the point of order is well-taken.
  Mr. THUNE. I ask for the yeas and nays.
  The PRESIDENT pro tempore. Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The senior assistant legislative clerk called the roll.
  The yeas and nays resulted--yeas 51, nays 48, as follows:

                      [Rollcall Vote No. 132 Imp.]

                                YEAS--51

     Baldwin
     Bennet
     Blumenthal
     Booker
     Brown
     Butler
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Fetterman
     Gillibrand
     Hassan
     Heinrich
     Hickenlooper
     Hirono
     Kaine
     Kelly
     King
     Klobuchar
     Lujan
     Manchin
     Markey
     Menendez
     Merkley
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Reed
     Rosen
     Sanders
     Schatz
     Schumer
     Shaheen
     Sinema
     Smith
     Stabenow
     Tester
     Van Hollen
     Warner
     Warnock
     Warren
     Welch
     Whitehouse
     Wyden

                                NAYS--48

     Barrasso
     Blackburn
     Boozman
     Braun
     Britt
     Budd
     Capito
     Cassidy
     Collins
     Cornyn
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hagerty
     Hawley
     Hoeven
     Hyde-Smith
     Johnson
     Kennedy
     Lankford
     Lee
     Lummis
     Marshall
     McConnell
     Moran
     Mullin
     Paul
     Ricketts
     Risch
     Romney
     Rounds
     Rubio
     Schmitt
     Scott (FL)
     Scott (SC)
     Sullivan
     Thune
     Tillis
     Tuberville
     Vance
     Wicker
     Young

                        ANSWERED ``PRESENT''--1

       
     Murkowski
       
  The PRESIDENT pro tempore. On this vote, the yeas are 51, the nays 
are 48, 1 Senator responding present.
  The point of order is well-taken, and the article falls.
  The majority leader is recognized.


                             Point of Order

  Mr. SCHUMER. Madam President, I raise a point of order that 
impeachment article II does not allege conduct that rises to the level 
of a high crime

[[Page S2805]]

or misdemeanor as required under article II, section 4 of the U.S. 
Constitution, and it is, therefore, unconstitutional.
  The PRESIDENT pro tempore. Under the precedents and practices of the 
Senate, the Chair has no power or authority to pass on such a point of 
order. The Chair, therefore, under the precedents of the Senate, 
submits the question to the Senate.
  Is the point of order well-taken?
  The Senator from Utah.
  Mr. LEE. Madam President, as wrong as the majority leader was moments 
ago in making this particular point of order as to article I, the 
impeachment article--article I, remember, refers to the willful 
defiance by Secretary Mayorkas of the law. As wrong as he was in making 
that as to article I--and he was very wrong for the reasons articulated 
moments ago by the Senator from Texas--he is even more wrong, far more 
so, with respect to article II, because article II accuses him of 
knowingly making false statements. This is a violation of 18 U.S.C., 
section 1001--a felony offense.
  If this is not a high crime and misdemeanor, what is? If this is not 
impeachable, what is? What precedent will be set? We need to address 
this, and to discuss it, we need to discuss it in closed session.


                       Motion For Closed Session

  For that reason, Madam President, I move that the Senate proceed to 
closed session to allow for the deliberation on this very consequential 
point of order that he has just made that violates hundreds of years of 
Anglo-American legal precedent and understanding on the question 
required by impeachment, rule XXIV, and I call for the yeas and nays.


                             Vote on Motion

  The PRESIDENT pro tempore. The question is on agreeing to the motion.
  Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  The result was announced--yeas 49, nays 51, as follows:

                      [Rollcall Vote No. 133 Imp.]

                                YEAS--49

     Barrasso
     Blackburn
     Boozman
     Braun
     Britt
     Budd
     Capito
     Cassidy
     Collins
     Cornyn
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hagerty
     Hawley
     Hoeven
     Hyde-Smith
     Johnson
     Kennedy
     Lankford
     Lee
     Lummis
     Marshall
     McConnell
     Moran
     Mullin
     Murkowski
     Paul
     Ricketts
     Risch
     Romney
     Rounds
     Rubio
     Schmitt
     Scott (FL)
     Scott (SC)
     Sullivan
     Thune
     Tillis
     Tuberville
     Vance
     Wicker
     Young

                                NAYS--51

     Baldwin
     Bennet
     Blumenthal
     Booker
     Brown
     Butler
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Fetterman
     Gillibrand
     Hassan
     Heinrich
     Hickenlooper
     Hirono
     Kaine
     Kelly
     King
     Klobuchar
     Lujan
     Manchin
     Markey
     Menendez
     Merkley
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Reed
     Rosen
     Sanders
     Schatz
     Schumer
     Shaheen
     Sinema
     Smith
     Stabenow
     Tester
     Van Hollen
     Warner
     Warnock
     Warren
     Welch
     Whitehouse
     Wyden
  The motion was rejected.
  The PRESIDENT pro tempore. The pending business is the point of order 
raised by the majority leader.
  The Senator from Florida.


                           Motion to Adjourn

  Mr. SCOTT of Florida. Madam President, as jurors, we have not had the 
time to review whether this point of order is contrary to the 
Constitution. Therefore, I move to adjourn the Court of Impeachment 
until 12 noon on Tuesday, April 30, 2024, and I ask for the yeas and 
nays.


                             Vote on Motion

  The PRESIDENT pro tempore. The question is on the motion.
  Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The senior assistant legislative clerk called the roll.
  The result was announced--yeas 49, nays 51, as follows:

                      [Rollcall Vote No. 134 Imp.]

                                YEAS--49

     Barrasso
     Blackburn
     Boozman
     Braun
     Britt
     Budd
     Capito
     Cassidy
     Collins
     Cornyn
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hagerty
     Hawley
     Hoeven
     Hyde-Smith
     Johnson
     Kennedy
     Lankford
     Lee
     Lummis
     Marshall
     McConnell
     Moran
     Mullin
     Murkowski
     Paul
     Ricketts
     Risch
     Romney
     Rounds
     Rubio
     Schmitt
     Scott (FL)
     Scott (SC)
     Sullivan
     Thune
     Tillis
     Tuberville
     Vance
     Wicker
     Young

                                NAYS--51

     Baldwin
     Bennet
     Blumenthal
     Booker
     Brown
     Butler
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Fetterman
     Gillibrand
     Hassan
     Heinrich
     Hickenlooper
     Hirono
     Kaine
     Kelly
     King
     Klobuchar
     Lujan
     Manchin
     Markey
     Menendez
     Merkley
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Reed
     Rosen
     Sanders
     Schatz
     Schumer
     Shaheen
     Sinema
     Smith
     Stabenow
     Tester
     Van Hollen
     Warner
     Warnock
     Warren
     Welch
     Whitehouse
     Wyden
  The motion was rejected.
  Mr. WICKER. Madam President, a parliamentary inquiry.
  The PRESIDENT pro tempore. The Senator will state his parliamentary 
inquiry.
  Mr. WICKER. I appreciate that my friend from New York is eager to get 
this done with, but are we about to set a precedent that the allegation 
of a felony is not a high crime and misdemeanor?
  The PRESIDENT pro tempore. That is not an appropriate parliamentary 
inquiry.
  Mr. WICKER. Madam President, there are other ways for the majority to 
move this off the floor of the Senate, but I would urge my colleagues 
to--
  The PRESIDENT pro tempore. Does the Senator have a motion that he 
wishes to make?
  Mr. WICKER.--understand what we are doing.
  The PRESIDENT pro tempore. The question is on the point of order 
raised by the majority leader.
  The Senator from Louisiana.


                           Motion to Adjourn

  Mr. KENNEDY. Madam President, I have a motion, and it takes 
precedence.
  The PRESIDENT pro tempore. State your motion.
  Mr. KENNEDY. As I appreciate the majority leader's allegation, lying 
to the United States Congress is not a high crime and misdemeanor. You 
don't have to be Mensa material to know that it is not always----
  The PRESIDENT pro tempore. The Senator will state his motion.
  Mr. KENNEDY.--a high crime and misdemeanor; it is a felony.
  The PRESIDENT pro tempore. Would the Senator please state his motion.
  Mr. KENNEDY. I will.
  Since we are not allowed to talk among ourselves about the absurdity 
of this and my Democratic colleagues will not allow us to go into 
closed session to talk about the absurdity of this----
  The PRESIDENT pro tempore. The Senate is in a nondebatable----
  Mr. KENNEDY.--I move that we adjourn until 12 noon on May 1, 2004, 
and I ask for the yeas and nays.
  The PRESIDENT pro tempore. Is there a sufficient second?
  Will the Senator modify his motion? I would ask the Senator to modify 
his motion.
  Mr. KENNEDY. Madam President, 2004 would probably be preferable, but 
I will accept a friendly amendment that we make it 2024.
  (Chorus of Hear! Hear!)


                             Vote on Motion

  The PRESIDENT pro tempore. The question is on agreeing to the motion.
  Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  The result was announced--yeas 49, nays 51, as follows:

                      [Rollcall Vote No. 135 Imp.]

                                YEAS--49

     Barrasso
     Blackburn
     Boozman
     Braun
     Britt
     Budd
     Capito
     Cassidy
     Collins
     Cornyn
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hagerty
     Hawley
     Hoeven
     Hyde-Smith
     Johnson
     Kennedy
     Lankford
     Lee
     Lummis
     Marshall
     McConnell
     Moran
     Mullin
     Murkowski
     Paul
     Ricketts
     Risch
     Romney
     Rounds
     Rubio
     Schmitt
     Scott (FL)
     Scott (SC)
     Sullivan
     Thune
     Tillis
     Tuberville
     Vance
     Wicker
     Young

[[Page S2806]]


  


                                NAYS--51

     Baldwin
     Bennet
     Blumenthal
     Booker
     Brown
     Butler
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Fetterman
     Gillibrand
     Hassan
     Heinrich
     Hickenlooper
     Hirono
     Kaine
     Kelly
     King
     Klobuchar
     Lujan
     Manchin
     Markey
     Menendez
     Merkley
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Reed
     Rosen
     Sanders
     Schatz
     Schumer
     Shaheen
     Sinema
     Smith
     Stabenow
     Tester
     Van Hollen
     Warner
     Warnock
     Warren
     Welch
     Whitehouse
     Wyden
  The motion was rejected.
  The PRESIDENT pro tempore. The pending motion is the point of order 
offered by the Senate majority leader.
  The Senator from Kansas.


                           Motion to Adjourn

  Mr. MARSHALL. Madam President, I have a motion, and it takes 
precedence.
  Before this body disrespects the Constitution any further, before we 
endanger our Republic any more, before we harm the reputation of this 
body any more, I move to adjourn until 7 a.m. on November 6, 2024, so 
the American people can at least have a vote on this impeachment trial.


                             Vote on Motion

  The PRESIDENT pro tempore. The question is on agreeing to the motion.
  Mr. MARSHALL. I ask for the yeas and nays.
  The PRESIDENT pro tempore. Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The senior assistant legislative clerk called the roll.
  The result was announced--yeas 49, nays 51, as follows:

                      [Rollcall Vote No. 136 Imp.]

                                YEAS--49

     Barrasso
     Blackburn
     Boozman
     Braun
     Britt
     Budd
     Capito
     Cassidy
     Collins
     Cornyn
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hagerty
     Hawley
     Hoeven
     Hyde-Smith
     Johnson
     Kennedy
     Lankford
     Lee
     Lummis
     Marshall
     McConnell
     Moran
     Mullin
     Murkowski
     Paul
     Ricketts
     Risch
     Romney
     Rounds
     Rubio
     Schmitt
     Scott (FL)
     Scott (SC)
     Sullivan
     Thune
     Tillis
     Tuberville
     Vance
     Wicker
     Young

                                NAYS--51

     Baldwin
     Bennet
     Blumenthal
     Booker
     Brown
     Butler
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Fetterman
     Gillibrand
     Hassan
     Heinrich
     Hickenlooper
     Hirono
     Kaine
     Kelly
     King
     Klobuchar
     Lujan
     Manchin
     Markey
     Menendez
     Merkley
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Reed
     Rosen
     Sanders
     Schatz
     Schumer
     Shaheen
     Sinema
     Smith
     Stabenow
     Tester
     Van Hollen
     Warner
     Warnock
     Warren
     Welch
     Whitehouse
     Wyden
  The motion was rejected.
  The PRESIDENT pro tempore. The pending motion is the point of order 
raised by the majority leader.
  The Senator from Alaska.


                         Parliamentary Inquiry

  Mr. SULLIVAN. Madam President, we seem to be in unprecedented 
territory here. So I have a parliamentary inquiry.
  The PRESIDENT pro tempore. State your inquiry, please.
  Mr. SULLIVAN. Madam President, has there been a successfully invoked 
point of order to dispose of an Article of Impeachment prior to opening 
arguments by the House managers?
  The PRESIDENT pro tempore. The Chair is not aware of any such 
occurrence.
  Mr. SULLIVAN. Thank you, Madam President.
  Unprecedented territory.
  The PRESIDENT pro tempore. The pending business is the point of order 
raised by the majority leader.
  The Senator from Louisiana.
  Mr. KENNEDY. Madam President, I have a motion, and it takes 
precedence.
  The PRESIDENT pro tempore. State your motion, please.


                  Executive Session--Motion to Proceed

  Mr. KENNEDY. Madam President, before we establish a precedent that 
lying to the U.S. Congress is not a felony----
  The PRESIDENT pro tempore. The Senator from Louisiana will state his 
motion.
  Mr. KENNEDY. And before we add a new chapter to the movie ``Pulp 
Fiction,'' I move that we go into executive session to at least allow 
us to talk about the breathtaking precedent we are about to establish 
here.
  Could you turn me back on here?
  And I ask for the yeas and nays.


                             Vote on Motion

  The PRESIDENT pro tempore. The question is on agreeing to the motion 
to proceed to executive session.
  The yeas and nays have been requested.
  Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  The result was announced--yeas 49, nays 51, as follows:

                      [Rollcall Vote No. 137 Imp.]

                                YEAS--49

     Barrasso
     Blackburn
     Boozman
     Braun
     Britt
     Budd
     Capito
     Cassidy
     Collins
     Cornyn
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hagerty
     Hawley
     Hoeven
     Hyde-Smith
     Johnson
     Kennedy
     Lankford
     Lee
     Lummis
     Marshall
     McConnell
     Moran
     Mullin
     Murkowski
     Paul
     Ricketts
     Risch
     Romney
     Rounds
     Rubio
     Schmitt
     Scott (FL)
     Scott (SC)
     Sullivan
     Thune
     Tillis
     Tuberville
     Vance
     Wicker
     Young

                                NAYS--51

     Baldwin
     Bennet
     Blumenthal
     Booker
     Brown
     Butler
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Fetterman
     Gillibrand
     Hassan
     Heinrich
     Hickenlooper
     Hirono
     Kaine
     Kelly
     King
     Klobuchar
     Lujan
     Manchin
     Markey
     Menendez
     Merkley
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Reed
     Rosen
     Sanders
     Schatz
     Schumer
     Shaheen
     Sinema
     Smith
     Stabenow
     Tester
     Van Hollen
     Warner
     Warnock
     Warren
     Welch
     Whitehouse
     Wyden
  The motion was rejected.
  The PRESIDENT pro tempore. The pending motion is the point of order 
raised by the majority leader.
  The Republican whip.
  Mr. THUNE. Madam President, I think it goes without saying that the 
Mayorkas-Biden policies have led to the worst border crisis in American 
history: 7.6 million people apprehended; 1.8 million ``got-aways''; who 
knows how many unknown ``got-aways''----
  The ACTING PRESIDENT pro tempore. The Senator is reminded that we are 
in a nondebatable position in the Senate.
  Mr. THUNE. The one thing we know is that 357 people who are on the 
Terrorist Watchlist were apprehended coming into this country.


               Motion to Table the Schumer Point of Order

  We have a responsibility to hear these Articles of Impeachment, and 
therefore I move to table the Schumer point of order.
  I ask for the yeas and nays.
  The ACTING PRESIDENT pro tempore. The question is on agreeing to the 
motion.
  Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The senior assistant legislative clerk called the roll.
  The result was announced--yeas 49, nays 51, as follows:

                      [Rollcall Vote No. 138 Imp.]

                                YEAS--49

     Barrasso
     Blackburn
     Boozman
     Braun
     Britt
     Budd
     Capito
     Cassidy
     Collins
     Cornyn
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hagerty
     Hawley
     Hoeven
     Hyde-Smith
     Johnson
     Kennedy
     Lankford
     Lee
     Lummis
     Marshall
     McConnell
     Moran
     Mullin
     Murkowski
     Paul
     Ricketts
     Risch
     Romney
     Rounds
     Rubio
     Schmitt
     Scott (FL)
     Scott (SC)
     Sullivan
     Thune
     Tillis
     Tuberville
     Vance
     Wicker
     Young

                                NAYS--51

     Baldwin
     Bennet
     Blumenthal
     Booker
     Brown
     Butler
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Fetterman
     Gillibrand
     Hassan
     Heinrich
     Hickenlooper
     Hirono
     Kaine
     Kelly
     King
     Klobuchar
     Lujan
     Manchin
     Markey
     Menendez
     Merkley
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Reed
     Rosen
     Sanders
     Schatz
     Schumer
     Shaheen
     Sinema
     Smith
     Stabenow
     Tester
     Van Hollen

[[Page S2807]]


     Warner
     Warnock
     Warren
     Welch
     Whitehouse
     Wyden
  The motion was rejected.
  The ACTING PRESIDENT pro tempore. The pending business is the point 
of order offered by the Senate majority leader.


                         Parliamentary Inquiry

  Mr. CORNYN. Madam President, parliamentary inquiry.
  The ACTING PRESIDENT pro tempore. The Senator will state his inquiry.
  Mr. CORNYN. Madam President, I inquire whether the actions we take 
today are creating a precedent on impeachments that would apply to all 
future impeachment actions in the Senate, including an impeachment of 
the President of the United States.
  The ACTING PRESIDENT pro tempore. Impeachment precedents would apply 
in future impeachment hearings.


                     Vote on Schumer Point of Order

  The question is on the point of order.
  Mr. THUNE. I ask for the yeas and nays.
  The PRESIDENT pro tempore. Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  The result was announced--yeas 51, nays 49, as follows:

                      [Rollcall Vote No. 139 Imp.]

                                YEAS--51

     Baldwin
     Bennet
     Blumenthal
     Booker
     Brown
     Butler
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Fetterman
     Gillibrand
     Hassan
     Heinrich
     Hickenlooper
     Hirono
     Kaine
     Kelly
     King
     Klobuchar
     Lujan
     Manchin
     Markey
     Menendez
     Merkley
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Reed
     Rosen
     Sanders
     Schatz
     Schumer
     Shaheen
     Sinema
     Smith
     Stabenow
     Tester
     Van Hollen
     Warner
     Warnock
     Warren
     Welch
     Whitehouse
     Wyden

                                NAYS--49

     Barrasso
     Blackburn
     Boozman
     Braun
     Britt
     Budd
     Capito
     Cassidy
     Collins
     Cornyn
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hagerty
     Hawley
     Hoeven
     Hyde-Smith
     Johnson
     Kennedy
     Lankford
     Lee
     Lummis
     Marshall
     McConnell
     Moran
     Mullin
     Murkowski
     Paul
     Ricketts
     Risch
     Romney
     Rounds
     Rubio
     Schmitt
     Scott (FL)
     Scott (SC)
     Sullivan
     Thune
     Tillis
     Tuberville
     Vance
     Wicker
     Young
  The motion was agreed to.
  The PRESIDENT pro tempore. On this vote, the yeas are 51, the nays 
are 49.
  The point of order is well-taken; article II falls.
  The majority leader is recognized.


          Motion to Adjourn the Court of Impeachment Sine Die

  Mr. SCHUMER. Madam President, I move to adjourn the impeachment trial 
of Alejandro N. Mayorkas sine die, and I ask for the yeas and nays.


                             Vote on Motion

  The PRESIDENT pro tempore. The question is on the motion.
  Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The senior assistant legislative clerk called the roll.
  The result was announced--yeas 51, nays 49, as follows:

                      [Rollcall Vote No. 140 Imp.]

                                YEAS--51

     Baldwin
     Bennet
     Blumenthal
     Booker
     Brown
     Butler
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Fetterman
     Gillibrand
     Hassan
     Heinrich
     Hickenlooper
     Hirono
     Kaine
     Kelly
     King
     Klobuchar
     Lujan
     Manchin
     Markey
     Menendez
     Merkley
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Reed
     Rosen
     Sanders
     Schatz
     Schumer
     Shaheen
     Sinema
     Smith
     Stabenow
     Tester
     Van Hollen
     Warner
     Warnock
     Warren
     Welch
     Whitehouse
     Wyden

                                NAYS--49

     Barrasso
     Blackburn
     Boozman
     Braun
     Britt
     Budd
     Capito
     Cassidy
     Collins
     Cornyn
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hagerty
     Hawley
     Hoeven
     Hyde-Smith
     Johnson
     Kennedy
     Lankford
     Lee
     Lummis
     Marshall
     McConnell
     Moran
     Mullin
     Murkowski
     Paul
     Ricketts
     Risch
     Romney
     Rounds
     Rubio
     Schmitt
     Scott (FL)
     Scott (SC)
     Sullivan
     Thune
     Tillis
     Tuberville
     Vance
     Wicker
     Young
  The PRESIDENT pro tempore. On this vote, the yeas are 51, the nays 
are 49.
  The motion is agreed to.

                          ____________________