No Impeachment: Tom McClintock, GOP holdout on impeaching Homeland Security Secretary, helps sink vote

Rep. Tom McClintock was one of three Republicans bucking party by voting against the impeachment of President Joe Biden’s Homeland Security Secretary over his handling of the southern border.

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His and other defections sank a vote to impeach Secretary Alejandro Mayorkas — something GOP leadership pictured as a victory last week that was soon cast into doubt.

The vote failed, 216-214. Tuesday night. It is expected to be reconsidered in another vote, though no specific date or time was announced. “The only way to stop the border invasion is to replace the Biden administration at the ballot box,” McClintock wrote on social media Tuesday.

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“Swapping one leftist for another is a fantasy, solves nothing, excuses Biden’s culpability, and unconstitutionally expands impeachment that someday will bite Republicans.” McClintock, R-Elk Grove, wrote a 10-page memo released Tuesday against impeaching Mayorkas.

With a razor-thin House majority, Republicans could only stand to lose a few members’ support tonight to impeach Mayorkas, assuming all available members voted. Democrats were united in opposing impeachment. On Tuesday night, McClintock, Rep. Mike Gallagher, R-Wisc., and Rep. Ken Buck, R-Colo. voted no.

Rep. Blake Moore, R-Utah, changed his vote to “no” so the articles could be reconsidered at a later date. To propose reconsidering a vote, a House member has to be on the side that won. Buck said he’d vote no last week, confirming his conviction in an opinion piece published Monday.

The Colorado Republican is leaving Congress in 2025 due to disagreements with party members who continue to raise false claims about the outcome of the 2020 presidential election and the Jan. 6, 2021 attack on the U.S. Capitol. Previously, McClintock blasted the impeachment effort as based on policy disagreements.

He said while Mayorkas was the “worst cabinet secretary in American history, guilty of malfeasance, neglect of duty and maladministration,” those weren’t grounds for impeachment. “The founders specifically rejected terms like malfeasance, neglect of duty and maladministration as grounds for impeachment,” McClintock said in a November statement, “because they feared such vague terms would be twisted for political ends and render the executive subordinate to the legislative branch.”

Impeachment is one of Congress’ highest powers of checks and balances to charge and try federal officials for treason, bribery or “other high crimes and misdemeanors.” While the House has the power to impeach an official, only the Senate can remove one from office through a trial.

“This baseless impeachment should never have moved forward; it faces bipartisan opposition and legal experts resoundingly say it is unconstitutional,” said DHS spokesperson Mia Ehrenberg. There are 219 Republicans and 212 Democrats in the House.

Four seats are vacant. With all the remaining members voting, Republicans needed 216 yeses to meet the majority threshold to impeach Mayorkas. If Mayorkas is impeached, the Senate is expected to quickly convene a trial. It would take two-thirds of the Senate, or 67 votes, to remove him from office. Since 51 senators typically vote with Democrats, that’s probably impossible.

McClintock was one of three California Republicans who helped block a floor vote to impeach Mayorkas in November. But the other two Californians, Reps. John Duarte, R-Modesto, and Darrell Issa, R-Vista, said they would vote to impeach after the Homeland Security Committee put forth articles through the normal process.

The November attempt, pushed by Rep. Marjorie Taylor Greene, R-Ga., was thwarted 209-201, with eight Republicans joining all Democrats against it. McClintock, who leads the House subcommittee on immigration and border security, called her effort unconstitutional. He chastised the impeachments of former President Donald Trump when Democrats held the House majority.

“We must not allow the left to become our teachers,” McClintock said. “If these clear constitutional principles are not restored, now, that power will be just one election from being turned against the constitutionalists on the Supreme Court, or upon any future Republican administration.”

The Homeland Security Committee last week approved two articles of impeachment that claim Mayorkas failed to enforce U.S. immigration laws and breached public trust in congressional testimonies about the U.S.-Mexico border.

The committee had started interviewing former officials in June to try to build a case that Mayorkas was in “dereliction of duty.” Democrats, including Biden and Mayorkas, have criticized the effort as baseless. White House Press Secretary Karine Jean-Pierre told reporters last Wednesday: “Congressman Tom McClintock said, ‘These are not impeachable offenses.’”

“Our challenge to House Republicans is this,” Jean-Pierre added: “Will you go against the very voices you typically listen to play a dangerous, unconstitutional game?”

Click here to read the full article in the Sacramento Bee


  1. Denice S Adams says

    Tom: A “policy disagreement” that destroys our country and lives of too many citizens, is grounds for impeachment. What’s the real reason for your NO vote?

  2. SICK…..very SICK TOM!!!! Another major vote disappointment on your record!!

  3. Tom McClintock remains such a disappointment. Can he be primaried out? Or forced to switch parties?

  4. But what would you get if you impeached Mayorkas? It’s really not his doing, it’s Biden’s! Biden would just put in another open-borders lackey. And if you start a trend of impeaching every head of a department that doesn’t do his job in accordance with the law, government will constantly be impeaching a whole lot of people. It’s a negative for conservatives to rush to impeachments – there are more important issues to focus on, like closing the border through appropriate legislation (not the recent bill that the Democrats tried to force the Republicans to accept), strengthening our military in anticipation of increasing violence to come in the U.S., and putting real money into hardening our satellites, power stations, transformers and grids so the CPP can’t hold us hostage while it takes over Taiwan. During the time between now and January 20, 2025, our country faces the gravest dangers it ever has; every world terrorist or conquerer knows they have until Trump is elected to “do something.”

    • Allowing drug cartels to invade who are killing our children with drugs; allowing Chinese military men and terrorists to invade; this is not treasonous? The constitution demands that the citizens be protected. These are not high crimes; misdemeanors? Killing our citizens.

      Important issues like closing the border. Never happen under a Bidet administration. Strengthening our military – never happen under a BIdet administration. Who forced the shots on the military then dishonorably discharged those who did not get the damaging shots? Who forced the LGBQTRXYZ brain washing on the military? There will be no hardening of power stations. We have to support Ukraine leaving Americans vulnerable.

  5. Rico Lagattuta says

    Disappointed and totally disagree with McClintock’s vote and rationale.

  6. McClintock needs to resign NOW, along with the other RINOs in the House. Period.


  7. Ronald Hamby says

    Impeaching Mayorkas is sending little more than a message. Impeach Biden!! Thats where the dereliction of duty is. Biden has a constitutional responsibility to faithfully execute the laws passed by Congress in service to the American people. That includes securing our borders and upholding whistleblower protections.

  8. Leo of Sacramento says

    Impeach this, impeach that. smh. What a complete waste of time. Oh sure, makes for great soundbites, shows the public the problem by putting it in their face, so what? I had this discussion already with someone IN THE KNOW, and I’m sorry, this was stupid.
    Pending war on the horizon, and they’re worried about one idiot following the orders given to him.
    myorkus is a stooge…a fool, but a useful one. He was given his marching orders by biden….and? He’s doing the job he was told to do. Now, IF, he had a moral conviction of conscious, he should have resigned. He didn’t. THAT should speak volumes. You don’t like him? Get past it. You want an impeachment? Little too late in the game for that now. Impeach biden= Vote his azz out of office.

    If anything, those who voted for biden got EXACTLY what they voted for:
    Someone other than Trump.
    You fell for the “OKEE DOKE”, but it wasn’t Trump.
    YOU were OK, with open borders, until it started to hurt YOUR state, not just the border states, but that’s okay, so long as it wasn’t Trump.
    You could deal with illegals, until they cost YOUR state money and they took YOUR stuff away for themselves, but that was okay, so long as the mean Trump tweets stopped.

    Bottom line is: America and Americans who voted FOR biden: YOU did this. uncle jo is, what he always has been. Exactly that: an abject failure. His staff, are abject failures. Hell, even RUSH stated blinken was a loser on everything and anything. Still, it wasn’t Trump.

    After all the inflation impacts; high cost of everything and the looming prospect of war with our fanatical arab neighbors, what now? Trump, or more of Uncle Ho (from the famous Vietnam area).
    It’s your call. YOUR chance to make a meaningful change, and learn NOT to elect someone like this every again, at our peril.

    myorkus? Soon as uncle ho is gone, so is that fool. Anyone who wants to select him for any meaningful job, does so at their own peril Only thing he’s good at? Obeying orders. Picture him in a German SS uniform. NO morals, no moral compass, no heart nor sense of honor or duty to the country. Just some wannabe, who blindly follows orders to his own demise.

    THAT, was/is/ and always WILL be myorkus.
    Republican know it alls? You need to paint THAT picture if you want a picture that badly.
    Everything else, is a waste of time.

  9. Son of Billy Jack says

    What a sad and self righteous vote., Tom.-great career and now this is what you will be remembered for. McCain also threw away his legacy with his sad vote for Obamacare.

    Democrats don’t read the constitution and they get a green light to destroy America. Tom reads the constitution -gives them the green light also.

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