On the recordFebruary 6, 2024
Madam Speaker, many have said what the issue is. Many have mischaracterized it, in my judgment. The issue presented by the Articles of Impeachment and why they should be adopted by the House is not a matter of policy, it is not a matter of maladministration, it is not a matter of incompetence, it is not a matter of neglect, and it is not even a matter of refusal to enforce the law. It was stated succinctly and aptly in the District Court opinion that ultimately led to the United States Supreme Court last summer in the United States v. Texas. The core of the dispute is whether the executive branch may require its officials to act in a manner that conflicts with a statutory mandate imposed by Congress. It may not. You see, Madam Speaker, the Secretary of Homeland Security, Alejandro Mayorkas, issued guidelines--administrative law--instructing the Department of Homeland Security not to detain criminal aliens nor those ordered finally removed. That is what he did, and that was flatly contradictory to statutes passed by the Congress in the mid-1990s. We are a nation of laws. The Supreme Court has said it cannot referee this dispute, it is up to Congress, and the Congress has but one means in this situation to vindicate the law. It cannot help the situation by shutting down the government or by cutting off funding. There is no new Cabinet Secretary to refuse to confirm in the Senate.…





