Romney: Mayorkas did not commit a high crime or misdemeanor

Sen. Mitt Romney (R-Utah) told reporters Tuesday that he does not think Homeland Security Secretary Alejandro Mayorkas has committed a high crime or misdemeanor, the standard set by the Constitution for impeaching and removing a federal official from office.

Romney made clear that he would not vote to remove Mayorkas from office if the articles of impeachment passed by the House last month comes to a full trial in the Senate.

But the Utah senator declined to say whether he would vote for a motion to immediately table the charges, which is what Senate Majority Leader Chuck Schumer (D-N.Y.) is expected to offer later this week.

“Secretary Mayorkas is following the position of his party and of the president who was elected. We have pointed out that President Biden is for open borders, as are the Democrats, and Mayorkas is simply following that policy,” Romney told reporters a day before the House impeachment managers are scheduled to formally present the articles of impeachment to the Senate.

“It’s the wrong policy, it has a huge damaging effect on the country — but it’s not a high crime or misdemeanor,” Romney said of the asylum and parole policies Mayorkas has used to handle the huge flow of migrants across the southern border.

Romney disagreed with Republican colleagues who argue that the Senate is bound by precedent to hold a full trial of Mayorkas on the Senate floor.

“Precedent is a matter of interpretation in this case,” he said. “There have been impeachments that have been brought forward that did not go to trial in part because the people left office.”

Romney declined to say whether he will vote to table the articles of impeachment Thursday but didn’t rule out doing so.

“What does one do will depend on what the legal options are. When to vote and how is uncertain at this stage. I believe a high crime or misdemeanor has not been alleged,” he said.

Al Weaver contributed.