IIA
Calendar No. 351
118th CONGRESS
2d Session
S. J. RES. 67
IN THE SENATE OF THE UNITED STATES
March 23 (legislative day, March 22), 2024
Mr. Lee introduced the following joint resolution; which was read the first time
April 8, 2024
Read the second time and placed on the calendar
JOINT RESOLUTION
To provide for related procedures concerning the articles of impeachment against Alejandro Nicholas Mayorkas, Secretary of Homeland Security.
Summons
In general
Not later than 7 session days following the date on which the articles of impeachment with respect to Alejandro Nicholas Mayorkas are transmitted, pursuant to rule III of the Rules of Procedure and Practice in the Senate When Sitting on Impeachment Trials (referred to in this resolution as the Rules of Impeachment
), the Senate shall proceed to the consideration of the articles of impeachment and the Secretary of the Senate shall notify the House of Representatives of the time and place fixed for the Senate to proceed upon the impeachment of Alejandro Nicholas Mayorkas in the Senate Chamber.
Summons and filings
Under rule VIII of the Rules of Impeachment—
the summons shall be issued in the usual form to Alejandro Nicholas Mayorkas, provided that he may have until 12 p.m. on the date that is 7 session days after the date on which the articles of impeachment are transmitted, to file his answer with the Secretary of the Senate;
the House of Representatives may have until 12 p.m. on the date that is 7 session days after the date on which the summons is issued under paragraph (1), to file its replication with the Secretary of the Senate;
if the House of Representatives wishes to file a trial brief, it shall be filed by 10 a.m. on the date on which the articles of impeachment are transmitted;
if Alejandro Nicholas Mayorkas wishes to file a trial brief, it shall be filed by 10 a.m. on the date that is 7 session days after the date on which the summons is issued under paragraph (1); and
the House of Representatives may file a rebuttal brief no later than 10 a.m. on the date on which impeachment proceedings begin.
Impeachment
In general
The House of Representatives shall file its record with the Secretary of the Senate, which will consist of those publicly available materials that have been submitted to or produced by the Committee on the Judiciary of the House of Representatives, including transcripts of public hearings or mark-ups and any materials printed by the House of Representatives or the Committee on the Judiciary of the House of Representatives pursuant to House Resolution 863 (118th Congress), agreed to February 13, 2024. All materials filed pursuant to this subsection shall be printed and made available to all parties.
Motions
Alejandro Nicholas Mayorkas and the House of Representatives shall have until 9 a.m. on the date on which impeachment proceedings begin to file any motions permitted under the Rules of Impeachment with the exception of motions to subpoena witnesses or documents or any other evidentiary motions. Responses to any such motions shall be filed no later than 11 a.m. on the date on which impeachment proceedings begin. All materials filed pursuant to this subsection shall be filed with the Secretary and be printed and made available to all parties. Arguments on such motions shall begin at 12 p.m. on the date on which impeachment proceedings begin, and each side may determine the number of persons to make its presentation, following which the Senate shall deliberate, if so ordered under the Rules of Impeachment, and vote on any such motions.
Presentations by parties
Following the disposition of such motions, or if no motions are made, then the House of Representatives shall make its presentation in support of the articles of impeachment for a period of time not to exceed 16 hours, over up to 2 session days. If no motions are made under subsection (b), the House of Representatives shall begin its presentation at 12 p.m. on the date on which impeachment proceedings begin. Following the House of Representatives’ presentation, Alejandro Nicholas Mayorkas shall make his presentation for a period not to exceed 16 hours, over up to 2 session days. Each side may determine the number of persons to make its presentation. Each side shall have the right to decide for how many hours it shall make its presentation on each of the up to 2 session days allotted to it, except that neither side shall make its presentation for more than 8 hours on any single session day. The parties’ presentations need not be limited to argument from the record described in subsection (a).
Period of questioning
Upon the conclusion of the period allotted for presentations by the parties as provided under subsection (c), Senators may question the parties for a period of time not to exceed 4 hours over not more than 1 session day.
Argument and deliberation
Upon conclusion of the period allotted for Senators' questions as provided under subsection (d), there shall be 2 hours of argument, equally divided between the parties, followed by deliberation by the Senate, if so ordered under the Rules of Impeachment, on the question of whether it shall be in order to consider and debate under the Rules of Impeachment any motion to subpoena witnesses or documents. The Senate, without any intervening action, motion, or amendment, shall then decide by the yeas and nays whether it shall be in order to consider and debate under the Rules of Impeachment any motion to subpoena witnesses or documents. Following the disposition of that question, other motions provided under the Rules of Impeachment shall be in order.
Witnesses
In general
If the Senate agrees to allow either the House of Representatives or Alejandro Nicholas Mayorkas to subpoena witnesses, the witnesses shall first be deposed and the parties shall be allowed other appropriate discovery. The Senate shall decide after deposition and other appropriate discovery which, if any, witnesses shall testify, pursuant to the Rules of Impeachment. No testimony shall be admissible in the Senate unless the parties have had the opportunity to depose such witnesses and to conduct other appropriate discovery.
Rules
If the Senate agrees to allow either party to subpoena witnesses, provisions for the admission of evidence, issuance of subpoenas, arrangements for depositions, other appropriate discovery, testimony by witnesses in the Senate, if such testimony is ordered by the Senate, and any related matters are to be determined by subsequent resolution of the Senate.
Motion to admit evidence
In general
If the Senate decides that no party shall be permitted to subpoena witnesses pursuant to subsection (f), the House of Representatives shall be recognized to make a motion to admit into evidence the materials relied upon by the House of Representatives during the trial. The House of Representatives shall be recognized to make such a motion, however, only if it has disclosed to Alejandro Nicholas Mayorkas all materials it will move to admit into evidence at least 48 hours before making said motion. Arguments on the motion shall be limited to 1 hour equally divided. The Senate, without any intervening action, motion, or amendment, shall then decide by the yeas and nays whether to admit into evidence such materials. If a majority of Senators voting, a quorum being present, shall vote in the affirmative, the materials shall be admitted into evidence. If a majority of Senators voting, a quorum being present, shall vote in the negative, the materials shall not be admitted into evidence. Alejandro Nicholas Mayorkas shall then be recognized to make a motion to admit into evidence the materials relied upon by him during the trial. Alejandro Nicholas Mayorkas shall be recognized to make such a motion, however, only if he has disclosed to the House of Representatives all materials he will move to admit into evidence at least 48 hours before making said motion. Arguments on the motion shall be limited to 1 hour equally divided. The Senate, without any intervening action, motion, or amendment, shall then decide by the yeas and nays whether to admit into evidence such materials. If a majority of Senators voting, a quorum being present, shall vote in the affirmative, the materials shall be admitted into evidence. If a majority of Senators voting, a quorum being present, shall vote in the negative, the materials shall not be admitted into evidence.
Exception to disclosure requirements
The disclosure requirements established under paragraph (1) shall not apply to evidence discovered by the movant after the disclosure deadline, so long as the movant declares in writing that the movant was unaware of such evidence until after the disclosure deadline, and that such evidence could not reasonably have been discovered until after the disclosure deadline.
Rule of construction
The admission of any evidence pursuant to this subsection shall not be treated as a concession by any party as to the truth of the matter asserted by the parties, and the Senate as the trier of fact shall decide the weight to be given such evidence.
Convening on Sunday
Unless the Senate shall have already voted on the articles of impeachment, the Senate shall convene as a Court of Impeachment at 2 p.m. on the Sunday following the date on which impeachment proceedings begin, notwithstanding rule III of the Rules of Impeachment.
Final arguments
Immediately upon the conclusion of any action by the Senate under subsection (g), or immediately upon the next day on which the Senate reconvenes as a Court of Impeachment after the conclusion of such action, the Senate shall proceed to final arguments as provided in the Rules of Impeachment, waiving the 2-person rule contained in rule XXII of the Rules of Impeachment. Such arguments shall not exceed 4 hours, equally divided between the parties.
Vote
At the conclusion of final arguments as provided under subsection (i), the Senate, without intervening action, except for deliberation if so ordered under the Rules of Impeachment, shall vote on the articles of impeachment.
April 8, 2024
Read the second time and placed on the calendar