Research/Study
Even some right-wing media figures say impeaching DHS Secretary Alejandro Mayorkas is a bad idea
While Republicans in Congress push for impeachment, some in right-wing media acknowledge that impeaching Mayorkas would be unjustified and pointless
Written by Pete Tsipis & Torri Lonergan
Published
While the House GOP is leading impeachment efforts directed at Department of Homeland Security Secretary Alejandro Mayorkas, right-wing media have failed to completely fall in line. Some conservative media figures, including a number on Fox News, have acknowledged that the complaints against Mayorkas do not warrant impeachment and that impeaching him wouldn’t change President Joe Biden’s immigration policies.
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The Republican Party is attempting to impeach Mayorkas, much to the chagrin of legal experts
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- The Republican-led House Homeland Security Committee released articles of impeachment against Homeland Security Secretary Alejandro Mayorkas. Chairman Mark Green (R-TN) is leading the effort with support from Rep. Marjorie Taylor Greene (R-GA). [The Associated Press, 1/31/24]
- Rep. Green justified trying to impeach Mayorkas by baselessly claiming that he lied to Congress and that he’s responsible for the deaths of millions of Americans due to fentanyl. Green said on Fox News, “He’s subverted the laws of Congress. He’s abused his position to basically push a woke agenda on immigration, and I'm sorry, I'm gonna stand up to it.” [Fox News, Your World with Neil Cavuto, 1/3/24]
- Green and other Republicans have baselessly claimed that Mayorkas has violated immigration laws by not detaining more migrants and lied to Congress by testifying that the border was “secure" even though people were still crossing the border illegally. [Time, 1/31/24]
- Constitutional law experts, including conservative experts, say there is no legal basis for impeaching Mayorkas. In a letter to House Speaker Mike Johnson (R-LA), 25 legal scholars called the impeachment proceedings “utterly unjustified as a matter of constitutional law.” The scholars noted that House Republicans seemingly want to impeach Mayorkas simply because they dislike his policies, which is explicitly forbidden by the Constitution. [Mayorkas impeachment letter, 1/10/24; The Hill, 1/31/24]
- Even conservative legal scholar and Fox contributor Jonathan Turley said Mayorkas has not committed an impeachable offense. Turley noted on Fox that only treason, bribery, and other high crimes and misdemeanors constitute impeachable offenses, and Republicans have not “established any of those bases for impeachment” when it comes to Mayorkas. [Fox News, Fox and Friends, 1/29/24]
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While House Republicans push forward, some in right-wing media have questioned the impeachment effort, even calling it a waste of time
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- Fox anchor Dana Perino suggested Mayorkas’ failures didn't meet the high bar for impeachment. Perino said, “On that impeachment for Mayorkas, there are some legal scholars saying, 'I don't know, guys.'” Perino continued, “So, we’ll see how that committee decides to try to present this to see if they can get to high crimes and misdemeanors.” [Fox News, America’s Newsroom, 1/10/24]
- Fox host Steve Doocy reiterated Turley’s arguments that Mayorkas’ actions were not impeachable offenses, saying other Republicans have agreed. According to Doocy, Turley “said essentially that Mayorkas may appear dishonest and duplicitous and derelict, but he does not believe the current evidence against him rises to the level of impeachment. And that’s what those reluctant Republicans, Kayleigh, last year were saying. It’s not impeachable just the fact that he's doing a bad job.” [Fox News, Fox and Friends, 1/29/24]
- Daily Wire founder and host Ben Shapiro called impeaching Mayorkas “a semi useless act” as it wouldn’t fix the border. Shapiro stated, “The Republicans, in another, I think, semi useless act, they are trying to impeach the secretary of Homeland Security. Now, that’s fine. You can get rid of him. I mean, Alejandro Mayorkas is a disgrace to his job — there’s no question about that — and he has completely underscored the failure of the Biden administration to actually abide by the law. Getting rid of Mayorkas is not actually going to solve the problem.” [Westwood One, The Ben Shapiro Show, 1/11/24]
- Fox anchor Neil Cavuto suggested Republicans should target Biden rather than Mayorkas. Cavuto asked Rep. Green, “So, aren't you targeting the wrong guy? Shouldn’t your wrath really be focused on the guy in the White House?” [Fox News, Your World with Neil Cavuto, 1/3/24]
- Cavuto also suggested that the Mayorkas impeachment is a waste of time because Biden won’t get rid of him. Cavuto stated, “This Mayorkas situation, the move to impeach him, because that might or might not happen but it’s unlikely without the president letting it happen, without the president just saying, ‘You gotta go. You’re a disaster.’ That doesn’t appear likely. So, is that move a waste of time?” [Fox News, Your World with Neil Cavuto, 1/4/24]
- Fox host Brian Kilmeade said the effort to impeach Mayorkas is pointless because the Senate won’t go through with the impeachment. Kilmeade asked Rep. Erin Houchin (R-IN), “It looks like you’re going after Mayorkas to impeach him. What does that do, knowing that the Senate’s not going to follow through with it and it’s gonna be tough just lassoing all the Republicans to agree?” [Fox News, Fox and Friends, 1/4/24]
- Fox anchor Bill Hemmer questioned whether impeaching Mayorkas would accomplish anything. Hemmer asked, “If you go ahead and impeach Mayorkas, does that change anything? It’s – honestly, it’s not Mayorkas’ policy. It’s President Biden’s.” [Fox News, America’s Newsroom, 1/19/24]
- Fox anchor John Roberts suggested that attempting to impeach Mayorkas is pointless, because the Senate won’t hold a trial and Biden won’t fire him. Roberts stated that House Republicans believe they have the votes to pass articles of impeachment, but went on to add, “They might even be able to have a trial, or at least put forward the articles of impeachment, and then pass the trial off to the Senate, where it will promptly die. And Mayorkas won't get impeached, the president won’t fire him.” [Fox News, America Reports, 1/29/24]
- On his radio show Fox host Sean Hannity questioned why House Republicans are focusing on Mayorkas when he’s “a small player in this compared to Biden.” Hannity stated, “I don’t really know why they’ve been going after Mayorkas. Mayorkas is basically just following out administration policy. You know, I’ll do it again if I need to, but I went through all of the changes in the first 100 days that Joe Biden made through executive action in the stroke of a pen as it relates to border issues. I mean, he basically undid every single Trump policy that was working.” Hannity continued, “Mayorkas, he’s a small player in this compared to Biden.” [Premiere Radio Networks, The Sean Hannity Show, 1/30/24]
- News Nation host Leland Vittert questioned the effectiveness of impeaching Mayorkas, saying it won’t change policies regarding parole for migrants claiming asylum. Vittert stated, “To be fair, impeaching Mayorkas isn’t going to change this policy of parole. The much bigger issue is what’s happening in Congress as it relates to negotiations about parole.” Vittert continued, “The Biden the administration will not end parole. They are holding that sacred.” [News Nation, On Balance, 1/19/24]