Senate Democrats kill both articles of impeachment against DHS Secretary Mayorkas

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There probably will be no vote to render judgment on Mayorkas: Chad Pergram

Fox News senior congressional correspondent Chad Pergram reports on the latest proceedings on the Senate floor as DHS Secretary Alejandro Mayorkas impeachment trial begins on 'The Story.'

Both articles of impeachment against Department of Homeland Security Secretary Alejandro Mayorkas were deemed unconstitutional by the Senate on Wednesday in two party-line votes. 

The first of two articles of impeachment alleged Mayorkas engaged in the "willful and systemic refusal to comply with the law" regarding the southern border in his capacity as DHS secretary. The second claimed Mayorkas had breached public trust.

Senate Majority Leader Chuck Schumer, D-N.Y., proposed a point of order declaring the article unconstitutional, to which the majority of senators agreed following several failed motions by Republicans. (AP Photo/Susan Walsh)

Majority Leader Chuck Schumer, D-N.Y., proposed a point of order declaring the first article unconstitutional, to which the majority of senators agreed following several failed motions by Republicans.

The article was deemed unconstitutional by a vote of 51-48, with Sen. Lisa Murkowski, R-Alaska, voting present. 

INSIDE GOP PLAN TO FORCE AS MANY VOTES ON MAYORKAS IMPEACHMENT TRIAL AS POSSIBLE

Schumer's point of order was proposed after his request for unanimous consent — which would have provided a set amount of time for debate among the senators, as well as votes on two GOP resolutions and a set amount of agreed upon points of order — was objected to by Sen. Eric Schmitt, R-Mo.

Sen. Ted Cruz, R-Texas, speaks during a press conference with other senators and House impeachment managers at the U.S. Capitol in Washington, D.C., on Tuesday. (Getty Images)

Schmitt stated in his objection that the Senate should conduct a full trial into the impeachment articles against Mayorkas, rather than the debate and points of order suggested by Schumer's unanimous consent request, which would be followed by a likely successful motion to dismiss the articles. 

Republican senators took issue with Schumer's point of order, as agreeing to it would effectively kill the first of the two articles. Several GOP lawmakers proposed motions, which took precedence over the point of order, to adjourn or table the point, among other things. But all GOP motions failed. 

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"This process must not be abused. It must not be short-circuited. History will not judge this moment well," said Senate Minority Leader Mitch McConnell, R-Ky., as he motioned to table the point of order from Schumer.

After another batch of motions to avoid voting on Schumer's second point of order, which would deem the second article unconstitutional, the Senate agreed to it. The vote was along party lines 51-49, with Murkowski rejoining the Republicans.