Tuesday, January 9, 2024

Turley could use the rehabilitation

Jonathan Turley, a conservative commentator and legal scholar, argued the GOP does not have sufficient evidence for impeaching Homeland Security Secretary Alejandro Mayorkas, undercutting the effort the day before Republicans are set to kick off a series of hearings to remove him from office.

Turley’s comments, via an op-ed in The Daily Beast, cast Republicans impeachment plans as based on a “disagreement on policy” that is lacking the sufficient evidence to boot Mayorkas from office.

“There is also no current evidence that he is corrupt or committed an impeachable offense,” Turley wrote.

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Like with the president, cabinet secretaries can be impeached only for high crimes and misdemeanors.

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“In my view, Biden has been dead wrong on immigration, but voters will soon have an opportunity to render a judgment on those policies in the election. Mayorkas has carried out those policies. What has not been shown is conduct by the secretary that could be viewed as criminal or impeachable.”

[...]

The comments from Turley, a regular GOP witness on congressional proceedings, come after he similarly cast doubt on the investigation into President Biden’s family, telling lawmakers he did not see sufficient evidence at the time of the September hearing to back an impeachment vote.

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At another point during that hearing he said some of the details they’d gathered “really do gravitate in favor of the president.”

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Republicans have [...] claimed Mayorkas has violated the law, failing to meet the standards of the Secure Fence Act, which defines operational control of the border as a status in which not a single person or piece of contraband improperly enters the country.

Turley wrote Tuesday that while Republicans might be upset over how Mayorkas is enforcing the law, officials have wide discretion over how to carry out federal laws.

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“The courts have long recognized that presidents are allowed to establish priorities in the enforcement of federal laws, even when those priorities tend to lower enforcement for certain groups or areas. It is a matter of discretion,” Turley wrote.

“Absent some new evidence, I cannot see the limiting principle that would allow the House to impeach Mayorkas without potentially making any policy disagreement with a cabinet member a high crime and misdemeanor. That is a slippery slope that we would be wise to avoid. Indeed, it is precisely the temptation that the Framers thought they had avoided by rejecting standards like maladministration,” he added.

  The Hill
If the GOP maintains control of the House, and should they get control of the Senate in 2024, you can bet they will be skiing on that slope.

...but hey, do what you want...you will anyway.

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