IIA
Calendar No. 353
118th CONGRESS
2d Session
S. J. RES. 69
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
House records
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.
Admission into evidence
Materials in the record described in paragraph (1) will be admitted into evidence subject to any hearsay, evidentiary, or other objections that Alejandro Nicholas Mayorkas may make after opening presentations are concluded.
Availability to parties
All materials filed pursuant to this subsection shall be printed and made available to all parties.
Motions
In general
Filing
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
Responses to any motions filed under subparagraph (A) shall be filed no later than 11 a.m. on the date on which impeachment proceedings begin.
Availability to parties
All materials filed pursuant to this paragraph shall be filed with the Secretary of the Senate and be printed and made available to all parties.
Arguments
Arguments on any motions filed under paragraph (1) shall begin at 1 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.
Impeachment
Presentations by parties
House of Representatives
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 24 hours, over up to 3 session days.
Secretary of Homeland Security
Following the House of Representatives' presentation, Alejandro Nicholas Mayorkas shall make his presentation for a period not to exceed 24 hours, over up to 3 session days.
Number of persons
Each side may determine the number of persons to make its presentation.
Period of questioning
Upon the conclusion of Alejandro Nicholas Mayorkas’s presentation, Senators may question the parties for a period of time not to exceed 16 hours.
Argument and deliberation
In general
Upon the conclusion of questioning by the Senate, there shall be 4 hours of argument by the parties, equally divided, 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.
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.
Other motions
Following the disposition of the question under paragraph (3), 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 Senate shall decide after deposition which witnesses shall testify, pursuant to the Rules of Impeachment.
Deposition requirement
No testimony shall be admissible in the Senate unless the parties have had an opportunity to depose such witnesses.
Vote
At the conclusion of the deliberations by the Senate, the Senate shall vote on each article of impeachment.
April 8, 2024
Read the second time and placed on the calendar