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‘Constitutional authority’ of Senate Dems quashing Mayorkas impeachment trial questioned by experts
Fox News
Constitutional scholars are questioning whether the Senate was within its authority to deem the House's articles of impeachment unconstitutional and forego a trial for President Biden's border chief.
"The Senate has no constitutional authority to rule that the articles approved by the House do not state impeachable offenses," explained Andrew McCarthy, a former chief assistant United States attorney in the Southern District of New York and a senior fellow at the National Review Institute. Julia Johnson is a politics writer for Fox News Digital and Fox Business, leading coverage of the U.S. Senate. She was previously a politics reporter at the Washington Examiner.
Follow Julia's reporting on X at @JuliaaJohnson_ and send tips to Julia.Johnson@fox.com.
The sole power to determine impeachable offenses lies with the House, McCarthy noted. This means neither the Senate nor a court of law would be within their rights to undermine the House's ability to make such determinations.