something you don't see everyday. and elephant on the loose in montana? viola is her name and she is part of the circus and the youth civic centre and she apparent got spooked when a vehicle, fired and she took off. she broke through friends, ended up in a parking lot, receptors workers picked her up about ten minutes later, viola, pour viola! his to get back home. circuses stop using animals in particular after protests by animal-rights activists, way ohl is back home with the circus now and we hope she is doing well. and was surprisingly driving through montana to see the elephant, right? that is the story it was 17th, the story goes on my new podcast, the untold story, great conversation with her about o.j. simpson. she knows all kind of cool stubs about this. [ ♪♪ ] >> neil: you're looking live

at the 49th state senate for two and a half hours, senators have been involved in their third impeachment trial in less than 55 years, this time of the focus is on home and security secretary alejandro mayorkas. you might know they were up against say they have failed to fulfill his duties -- four years -- in upholding the immigration law. they are pushing for a full set of trial in a case against him. is looking dicey because senate democrats who have, the control of the senate are poised to dismiss what they consider these bases allegations, and on and on we go. welcome everybody, this is "your world" and i'm neil cavuto. he entails a little bit what is going on now, really gage how long this goes on, this could also be the shortest impeachment trial ever. >> yes, this could wrap up here in the next couple of hours. it could be extended into the evening a little bit and the reason that is the cases because republicans have now made eight motions various motions, to adjourn or postpone the trial. and a motion to adjourn that

goes to the top of the legislative list here. they can do that, right now they try to kind of germinated the trial to go to executive session. i want to go back to a key vote -- terminates -- this has been one of the most consequential votes we had all afternoon since he got into the meat and potatoes of this trial, is chuck schumer had a motion to declare the first article of impea impeachment, this is the one that says that alejandro mayorkas violated the trust of the united states, unconstitutional. this was the vote. fifty-one yays, 49 game -- and lisa murkowski, a republican voted present. and this is what is the republican senator from washington state, presiding over the trial said, she said "the point of order is well taken out of the article falls" so what that means, we never really been into this parliamentary situation before, that article is fina. we talked of it motions to

dismiss or something like that, they might not have to do that because of how they handle data first article. they have not done that with a second article, republicans continued to come up with these different dates to adjourn, robert -- roger marshall, that are public and senator from kansas wanted to postpone the trial until seven in the morning on november 6th, right around the election, important date here on the blige calendar year. they voted against us. at some point this is going to end and there is a final vote to not dismiss of the articles of impeachment necessarily budget dissolve the senate as a court of impeachment. the senate is kind of meeting in a very unique part of entry structure as a court of impingement they have sworn in all 100 senators as a juror's. they have to sign a book early this afternoon -- impeachment -- but the general consensus on capitol hill is this probably wraps up sometime in the next couple of hours. the important thing to do notes, does going to be a final vote. when guilt or innocence or

exoneration for alejandro mayorkas? again, they have already voted that tenant has voted to deem that first article of impeachment for mayorkas unconstitutional, the other article that he broke the law, they might deal with that in a similar fashion and then chuck schumer, he can terminate the child was saying, okay,, let's have a vote on a motion to dissolve the cord of this afternoon. that has been a little bit of back and forth, there was a move by ted cruz, ripper looking of texas, to get the senate into a private session -- republican -- under impeachment rule 24th you can meet in privates and debate in private, you cannot debate on the floor unless they have agreed to do so. there was a moment where mike lee, there are public and senator from utah, indicated a bit earlier, you stronger to explain his motion and kind of kept going on and on and on, and patty murray gambled him down because it sounded like debates. you cannot debate.

we are watching now they are voting on a motion, the republican, shimmers point awarded to get rid of the second article of impeachment. >> neil: when romney's among those robert gens who did not sign on even having this in the frisbees guide what he did say, a letter to go on if we can get a least watchful hours of de debate. is this what counts as a debate? >> it is not count as debate. there is a poser earlier in the afternoon by chuck schumer to allow one hour of debate on the first article and one hour on the second article and ask you do that on the floor. of your member in the previous two impeachment trial is, they did not really do that, in the yard from the impeachment managers with president trump, president clinton, the defense counsel, the senator sat on their desks and submitted written questions which were in red before the senate and council answered. they haven't really done that. debate is only allowed in a

closed session in an impeachment trial. again that is why that was going too far afield for chuck schumer which is why the senate voted against that? ain't two different occasions now this afternoon. >> i understand the first article, it seems to be gone, sitting as he put it. the second article, that is the one whether mayorkas consistently and repeatedly made false statements to congress, avoiding the lawful oversight in order tubes cure "devastating consequences of his willful and systemic refusal to comply with the law and carry out his statutory duties". of course the arguing, i'm a servant of the president of the united states, i'm carrying out his wishes, but i'm just wondering is that a trickier one to disband? 's will not necessarily, democrats thank none of this rises to the level of impeachment, high crimes and misdemeanors. even somebody like john

federman, the democrat from pennsylvania who has sided with republicans on some issues, in fact he said he wanted to get this over as quick as possible because it meant more time you had to wear a suit. he wanted to wear a hoodie on capitol hill. was democrats of salads get this done as soon as possible. the only defection we have seen came from lisa murkowski as i indicated on the critical vote we had earlier. >> one final question, you have been so patient, as is process is ensued, in the end it's an uphill battle? to get rid of the homeland security secretary. you need to 67 votes to do it. >> they are no or mike never going to get to that final vote, whether or not to remove or convict 67 votes, two thirds is required in the constitution. what this is about his politics. there publicans want to set this up and put people that are vulnerable democratic senators facing tough reelections, tammy baldwin in wisconsin, jackie

rosen in nevada, sherry brown in ohio, on the record here and say you voted against extending this impeachment trial, your not treating the border seriously, he did not take the potential transgressions, the alleged transgressions of alejandro mayorkas seriously and we will cut ads and run them in the states based on what happened on the floor this afternoon species of history is proving itself out again, you can get impeached in the house, getting can we did in the senate is another matter entirely, isn't it? >> pretty rare, we have had that happen. there were convictions in the late eighties of wilfred nixon, the later it now laid congressman from florida, they were a federal jurors, they were removed from the bench! with thomas porteous, a federal judge and thousand nine. >> neil: a walking encyclopedia, you know that? sue and this is what we do, we study this. you're supposed to know it's. [ laughter ] >> neil: that blew me away. we think very much, we will be coming about, more on this, the

beatable state of texas, joining us now. congressman, obviously democrats are keen on wrapping the so quickly and they can go away. they might succeed. if that is the case, what he thinks? >> well great to be on, it is not surprising that our democrat colleagues up in the senate want to get those off of the senate floor, the lawsuit they want to have is a full trial, exposing the actual truth to the american people of what is happening to our nation and the responsibility, the responsibility i the second day of home end security, whether on his own or behalf of the president of the united states is a material. the fact is the secretaries are as those, to follow the law and he's not doing that. we are being the brunt of that in texas in particular and throughout the country. we have seen the headline cases like laken riley, we have seen the democratic member of congress who was a fortune killed by drunk driver who is here illegally.

we have sinkala's examples, bodies or washing up in texas along the rio grande. we have seen 24,300 chinese nationals just this fiscal year, which is more than all of last year, 76 months we have surpassed last day, 85 percent of them are angle adults. let's compare that to the 381, not thousand, 281, and president donald trump's last year in office. this is purposeful. we were right to impeach him. he lied to me under oath, he said that they were -- they had operation control on the board, but a troop up in front of him, he testified in a different way to different committee, is trying to scare the truth, the democrats don't want the american people to see those black they getting killed in the polls, but this isn't political. i take issue. chad does a great job, it is a fabulous job reporting. but i take issue with him that it is political. this is important for the famine that mike and megan people to understand the second time in american history we have

impeached a sitting cabinet secretary in this case because he is violated his oath to carry out his duty to do congressman let me ask you this, obviously the secretary alejandro mayorkas himself is not commenting on those, with the ghs said all of these allegations are baseless and i quote, or my congressional revolt and should stop wasting time with unfounded attacks and instead do their job by passing bipartisan legislation to find the national security asians and fix our broken immigration system's ". card into the traces seem to say this is on you, not you specifically but to the republicans? >> of course they are. they have been passing dechambeau's and the sad, democrats have no interest in owning responsibility and having wide open borders. the secretary of homeland security alejandro mayorkas knows precisely what he's doing, trying to cause to blame or does not belong under republicans because we want -- we won't advance sham legislation without

no chance of securing the border the border. the president of the united states and the secretary could have secured the border if they chose to do so or most it could, we can pass laws to help them and we have a. is sitting on the desk in the senate and chuck schumer refuses to pass it. it's only the claimant to be, somehow somewhat wide-eyed bill, lily what the bills says, every american knows of those, the bill says, if you are here illegally or even if you have a claim, as our law requires now, you should be detained. that is pretty much with the bill says. detained people who were here if they got a claim, adjudicate them and the remove them of the don't have a legitimate claim. if we did that, the flow would slow down to small manageable number, anybody with a legitimate crane we could process and we could secure the border. he refused to do that, the secretaries trying to mislead the american people as you always does which is why he was impeached properly by the u.s. house. >> neil: this is more of a dumb question than anything meaningful but he's not going to be impeached,'s can be convicted

i should say, he has been impeached. but it doesn't look like 67 u.s. senators are going to convict. but let's say that is wrong, laissez does happen. the president is going to pull in a new homeland security secretary which i'm betting would you exactly what alejandro mayorkas has done. do you go after him? do you keep impeaching guys? >> first of all be heavy-duty in the house to have corporate oversight, we tried to conduct that as he noted in the second article of impeachment they're debating the senate, he has been untruthful. so -- >> neil: but the successor will be held accountable? probably will do the same thing, serving at the pleasure of the president and did the exact same thing? will this change anything? being the point of making him convicted he's done? >> oil first all he should be convicted. i was a former federal prosecutor, if wanted to take

something given the indictment because i thought somebody violated the law, you take it any get the indictment. you go to trial, that the jury decide. this is not the same as a jury, this is political. most of these no votes is because democrats have decided not to do it because it is political suited congressman, thank you very much. again, this up, second article of impeachment is what is being debated now i believe bloods go to to chad on this, where are we? >> what they just have on the floor is a vote to declare the second article of impeachment unconstitutional. they just went through the alphabet, a through w., we have senators not through wc by w. any minute here you will have patty murray, the president over the senate presiding over this impeachment trial and as the total. it histories our guide, what happened earlier, the senate voted 51-48 with 1 of senator voting president mike present, the first article of impeachment

was unconstitutional. on this roll call vote, mayorkas voted no. it's partyline here it'll be 51-49. wises important? this is the second most important votes we had this afternoon because they voted to render the first article of impeachment unconstitutional, and patty murray declared from the chairs think the article falls meaning it is not in play anymore, it is very important. and we have a similar outcome here, she will probably say the same thing. they could effectively mean at the end of this trial. the one thing we have to do though is vote to end the court of impeachment, the senate's meeting is a special korey now just for these impeachment trials. they have only done this 22 times in american history, and i keep looking to save this in the movement here, as patty murray will get the sub a paper from the senate click and announce what the vote total is. that would be very important here. again because your earned slightly uncharted waters, we don't think they have to have a vote to dismiss.

why is that important? earlier a talked about these vulnerable democrats, you can argue if you are a democrat and running for reelection in a competitive state, say i did not vote to dismiss the trial, i do know vote to dismiss the articles, i vote of those articles were unconstitutional. keep in mind, when this came over from the house of representatives, even had three house republicans, from california, mike gallagher from wisconsin, and here's patty murray right now. let's give her a near. >> madame president. >> majority reckon is? soon i moved to adjourn the impeachment trial of alejandro mayorkas, and i ask for the yays and nays. >> is a sufficient second? there is a sufficient second. click will call the roll.

[ calling of recorded vote ] >> come back to me, there ending the child mike. >> neil: back to you, looks like they're trying to wrap this puppy up? >> that was a. what they've done on both of these articles of impeachment, they have not devoted to dismiss, they have voted on the first article of impeachment, 51-48 with lisa voting present, they have voted the article was unconstitutional. on this roll call vote they have voted 51-49, that article was on constitutional. what happens if you listen closely as is said to patty murray's at verdict, the presiding officer here, she says article falls. you cannot consider and can -- continue to debate and assented if it is not relevant, in play. the senate has voted twice now on both of these respective articles to say they are out of play. the only thing than to do is devote to end the trial, that is precisely what chuck schumer, the majority leader just announced here that they're voting to terminate to the court

of impeachment, the senate's meeting as a special court here on the impeachment trial for alejandro mayorkas and he used the term there, you often hear it at the end of a congress, of the congress has adjourned, it is latin for meaning "without and" meaning we do not come back. so the congress ends, you had that every january 3rd when they and the congress d.e.i. this afternoon is there ending the impeachment trial, it will probably be a partyline vote, 51-49, since they have 51. there is no final judgement here on a track because assented voted that both articles were unconstitutional. >> neil: were mulligan's no doubt was a this is unfair, the two articles of impeachment along the largely party lines are voted down mnpmac they were deemed unconstitutional so they have nothing good to do, no way to proceed. is that the history of these things? and of this could be a special case, republicans might argue that we did not even have a chance to debate.

>> right, the republicans kinda like the fact that they have this issue now because they know the borders an issue that is very popular and very important to many voters especially in the swing states. they will use this, weapon ics roll call votes against these democrats and adventurers several of them before, nevada, chester in montana, bob casey in pennsylvania, sherry brown and ohio, say they are not taking the board is seriously. and there were probably be a lot of press conferences and the next couple of days were republicans can say, can you believe for the first time we did not actually have a full trial? is it a couple of hours ago on air here, what constitutes a full trial? this was not what we have seen in the past couple of years, and what we saw in the 1999 try with president clinton, we had the impeachment managers, the house members who served as prosecutors presenting the case, defense counsel for the present it, via trump or clinton, presenting their defense there, and then senators amending

questions to counsel for both sides. is usually not debate this in a trial. don't do this, i keep using this term court of impeachment, you can only do that on private session and twice today the senate voted against going to a secret session, a private, closed door session, to debate at the against alejandro mayorkas. >> neil: but tired, how to democrats even, those who were weary of this whole process, said there's a big difference between being concerned of the border and being concerned about what they call the sham impeachment process against the homeland security secretary. that they said was something they are proud to stand behind, that it was stupid in their eyes. by the border and what is happening is very real. at ehsmac that is had some of them would said that natal super that is right, that is a needle to be threaded and that is a kind of parliamentary cocktails at the senate majority leader chuck schumer came up with to say we will not vote to dismiss the drug, we will vote to rule

these articles of impeachment or unconstitutional. at gun there were problems a godly had trouble impeaching mayorkas the first time in the house of representatives, there were three house members that voted that they do not think this rose to the level of impeachment, arguing this is not high crimes and misdemeanors. there is a needle to be threaded with the voters of ohio, bob casey in pennsylvania, chester in montana to say i'm not ta taking, i'm not not taking the border seriously, i just did not think what the house of representatives have done rose to that level and that's what i voted not to dismiss. say what they were trying to do was unconstitutional. whether or not that holds water was some of these voters, that a be challenging. we will know in november and republicans will beat this towards all the way to november because the bowling shows that the border and mayorkas is a lightning rod issue with the electorate district. >> neil: remains to be seen, whether they are addressing it, trying to impeach mayorkas as a

way to do that. but that might be appointed very soon as they go through these names. this a be a vote essentially on what if we can go forward with this. looks like after this votes know we can't, then what happens? >> it they will be done. i cannot hear the floor right now so i don't know where they are in the alphabet but at the end of their patty murray again will announce a total and they will adjourn as of this trial of impeachment. that is when those of us in the press chord -- of pressroom will be chasing at mike lee down a hallway and people like shared prone or drawn chester and say, hey,, what are you going to do? that is it, at least probably materially in the senate. keep in mind chuck schumer, he offered earlier end of the day, republicans rejected this, to have debates. you can enter into an agreement where you have a framework for some debate if the senate agrees to that. and they rejected that. so chuck schumer can say, hey,, i offered to do that, they

rejected that. so we ended this rather abruptly here. but that is a, it is done, it goes down as his 22nd impeachment trial in history. again i will notices will have a bit of an asterisk next to it because they did not ask you get to final judgement. know what happened with president trumping his two impeachment trials, we know what happened with president clinton. we know what happened with the federal judge and thousand nine, thomas cordy is, but here there was no final judges -- judgement. >> neil: this is where it goes into the politics part where we go to these final senate names and their votes, but the other issue that could come up is people might not be aware the mechanics of those, as you are, but they will know that or you have chuck schumer bragging about the fact that we stop this ridiculous train. it might give a hint of some americans like wait a minute, this stuff at the border is bad, you essentially relinquished any actions against the guy in charge of it, it could boomer

rank on them so, could and it? >> it is dangerously -- dangers political for the democrats, it has been a toxic issue for them and republicans no. me it was argued last summer, asking oppressed conference in july, and thing last summer when then house speaker can -- kevin mccarthy indicated he was going ahead with the impeachment of president biden or leeson inquiry. and i asked ralph norman, and the freedom cargoes of virginia, who do you want to impeach? because we heard the president, we heard the attorney general garland, we heard mayorkas, we heard raid, the fbi director, the dc u.s. attorney, that was a laundry list and ralph norman's answered, all of them. at the time it was like republicans are kinda struggling to figure out it, who they wanted to impeach chqrmac and he would notice take have not gonna through all the way with an impeachment trial for president biden, they do not have the votes to impeach him, they

landed on the target they had the votes for and don't forget in february, they had to take a mulligan in the house of representatives, the first vote in the house to impeach alejandro mayorkas failed. they were able to get steve -- the majority leader who was out for cancer achievement a bag and he voted yes, and they said this over. so they finally landed on what lisa one target they thought they could and get it to the stage in the senate. >> neil: so mulligan was a reference, which is your way of saying that if you're alejandro mayorkas, you are out of the rough. >> yes, while this impeachment trial is going to be over in a few minutes. they are definitely going to be out for alejandro mayorkas. >> neil: i'm done with those references. [ laughter ] i do want to get to andy mccarthy now, and bring you up-to-date on what is going on, the senate has already been deemed to take both articles of impeachment a guess alejandro mayorkas, had been the department of homeland security as unconstitutional, voted each

one is think it was unconstitutional. thereby in the democrats eyes making this a moot point and this whole hearing could, event, trial what everyone a call it, a done deal. it is all happening. want to go to andy mccarthy on that. andy it is a special case, this is not a court of law, as you have been reminding me and others. that is essentially it, right? shot down constitutionally, this is done? >> that is right. in terms of the political outcome of formally aimless senate, but because this is a political process, it is hardly, i wouldn't say it is down in terms of its consequences, let's remember there is no way that mayorkas was one to be convicted and removed even if they had a full trial. the purpose of this was to put the prices of the border, which is spread throughout the country -- >> neil: hold on, on go to

patty quickly detailing what we just learned here. >> members there were no further votes today, that i remind all members that we have very serious business ahead of us in the next few days and we will keep you informed as a schedule as things can get scheduled. >> republicans leaders recognized. the senate will be in order with senators taking conversations -- >> matter president, we had a very unfortunate president here. it means the senate can ignore in effect the house impeachment. it doesn't make any difference with our friends and the other side that he should have been impeached or not. he was? and by doing what we just did,

we have in effect ignored the directions of the house which were to have a trial. no evidence, no procedure, this is a day that is not a proud day in the history of the senate. [ applause ] >> madame president? >> recognized? soon asking animists consent to enter a colicky with my republican colleagues. >> objection? >> madame president --'s do we do not have order in the senate i would ask all senators to take the conversations to the clerical room as well as the staff. the senator would just hold until we have order please. senator from utah is recognize. >> 's we think matter president. what we have witnessed today is

truly historic. this is never occurred, nothing like this has ever occurred. you know, under article one section three clause six, we have been given a duty. we have been giving get the sole exclusive power to try all impeachment. try all impeachment. not some of them, not just of those with we have happen to agree, not just those that we are happy that the house representatives undertook to prosecute, but all? the word "tricomac is also significant d.e.i. refers to the world the truck where to trial, it is the same word, it's a receding in which the law and the facts are presented, the fact in front of judges in order to reach our ultimate disposition in a criminal proceeding it would be an ultimate disposition culminating in a verdict of guilty or not guilty.

we were precluded from doing that job today and we were precluded of doing that in a way that is not only historic and unprecedented, but also counter constitutional. nothing could be further from the plane a structure taxed in history of the constitution than that. let's look at the argument that we would have heard, that we could have heard, that we should have heard today. had things unfolded as they were supposed to. how do things unfolded in the matter consistent with the oath we took when we were sworn in as united states senators, we are all required to take the same oath to the constitution, but also the oath we took just a few hours ago and is very chamber in this day case to decide this case and partially. -- and partially. what we have heard? regattas what you think what trial consists of and how different people might cleverly define the term, a trial will always at a minimum involved lawyers, involved lawyers unless

the person is proceeding, you will always have lawyers or at least one side will always be represented by lawyers and 89.9 percent of all cases, both sides will. you will hear from lawyers! we did not hear that today. we did not hear from the committee of individuals appointed by the house of representatives to hear the house impeachment managers or prosecutors. what else would you expect to hear? you would hear evidence, evidence and we brought in. sometimes the trials in the senate involve bringing in evidence in a documentary form. other times he would have witnesses, we had no witnesses, we had no documentary evidence other than that which was charged. let's talk about what was charged and what evidence we would have, could have and should have heard should be to have done our job today. while the accusations a new this impeachment trial can be fit into two categories, category one is article one of the

articles of impeachment, article one alleges that is secretary alejandro mayorkas repeatedly defiantly did the exact opposite of what federal law requires, namely that under circumstances, eight or nine different statutory provisions he violated, he was required to detain people whom wiki did not detain. but it's not that he did not do what the law required, he did the exact opposite of that. instead of holding them until such time as they could be removed or alternatively adjudicated, to have the status whether under impeached -- whether in the context of -- >> neil: we will continue, not at all pleased that this thing has gone has gone away. and cages joint is, the senate has essentially dismissed the two impeachment charges against alejandro mayorkas, the homeland security secretary. this essentially ends they do republican effort to remove the cabinet secretary from his

office. this was expected, i don't know if it was expected to end quite this way. it was deemed to be quick, essentially taking the two charges against mayorkas, whether they were constitutional or not. among party lines, they have decided along party lines that they were unconstitutional and made a moot point over the whole thing. child, what you make of this in order to be going out? >> while the politics or what you starting, this pin is already starting. chuck schumer, the democratic leader will hold a process that went press conference at the capitol at 5:00 in the past couple of seconds we got a statement here from the house or publican leader, megan johnston, and i will tell you what you says here. he says "by voting unanimously to bypass a constitutional responsibility, every single cent a has issued their full endorsement of the biden administration's dangerous open border policies. tragically senate democrats do not believe this catastrophe

merits their time or discussion on the floor ". so as he said, that is exactly what we expected from the republicans to open eyes the quick disposition of those against the democrats and say they are not taking this seriously and started target some of these individual democratic senators be back at a large sum of the house members saying look, democrats and president biden are not serious about at the border, they have a homeland security secretary we think is out of alignment, he is not all of the border and they're going to hit that issue really hard between nine different now and november. and point back to this day november when the senate dealt with us in between trial in a matter of about three hours and 20 minutes. >> neil: three hours and 20 minutes would deem to be more deliberation than debate, right? >> it wasn't even deliberation, a lot of it was just voting on motions and trying to figure out what they were going to do. there was a long search of time early on it in the 1:00 hour where they were kind of trying to figure out a parliament

terribly what to do, about 30 minutes of the time was spent just swearing in the senators, all 100 jurors and having them sign in the oath book there. so really condense into that it was probably more like an hour and a half, two hours. >> neil: if you can hang on there, one up in get andy mccarthy with us. i don't know where they are going, that was a strategy on the part of chuck schumer, let's take these two accounts, these two articles of impeachment and vote on whether or not they are are even constitutional, knowing he how to the votes, the majority that this would be the conclusion. what you think? >> this is a political process. it's not a real trial as has been observed a number of times. i want to cite my favorite legal source for today which is probably more popular on your side over the street to than mine, thomas saul who reminds us

there is no solutions only trade-offs. think what we saw today was a democrats made a trade-off. they had to decide, they going to take a hit here, they're going to have to decide is it better to try to make this go away quick and take the hit for that or imagine with alternative was which was to have a trial, have all that attention paid to the border, i do essentially acquit mayorkas which is what they should -- would have done. you must have decided between to the exposure this would bring to the problems of the border and the fact that they would that be on record basically according mayorkas in the trial, that was going to be a bigger and more embarrassing head for them than this is. >> neil: it is interesting to, when you look at impeachment in general, they started in the house, they usually flame out in the senate where once in the trial, the hurdles you have to pass to convict somebody or virtually insurmountable here at 67 votes needed to do that here,

along the way from that here. but it does get back to you basically she has a political act, whether it has political repercussions for both sides, were democrats who might be relieved and i see your point andy this is behind them, it may not be. because republicans are going to powder the airways to say we were ready to hold the guy responsible for this or incredible bleeding at the border and democrats would not do it? and they did not man up to the task. that's what this will come down to, political sort of witness test. >> that is right neil, let's not forget that was the reason for doing it in the first place. in the house they knew there was no chance for the very reasons you just mentioned about of the super majority that is required in the senate wages the reason that no president for example has ever actually been convicted in an impeachment trial. it is a heavy bar, it is a high hurdle to clear. the reason they did this was not

to actually get mayorkas convicted and removed, they knew that was a bridge too far. it was to call attention to the catastrophe at the border which has now spread virtually to every city and every state in the country to the point where the states our essentially their welfare systems, that education systems, the law enforcement systems, they are all under strain to the point of collapse because of joe biden's policy of letting go and basically two los angeles is worth of illegal aliens in to the united states since he has coming. >> neil: amazing. siu thank very much kamaka want to go back to my buddy chad, here are talking about this process, this is a waste of time, they sort of bought into that now a statement. what he tells kmiec. >> there's a statement here from the department of homeland security, this is what they're

saying, today's decision -- today's decision to reject the basis attacks on the secretary mayorkas proves definitively there was no evidence or constitutional ground to justify impeachment as he has done throughout more than 20 years of dedicated public service, secretary mayorkas will continue working every day to enforce laws and protect our country, it is time for congressional republicans to support their departments vital mission and sort of wasting time playing political games and standing in the way of commonsense bipartisan border reforms ". the other thing we will have here in three or five minutes is a press conference by house democrat leaders, hakeem jeffries, the democratic leader the house of representatives, catherine clark, that could be sued if mike could be some questions about of the impeachment and the disposition of this trial. process about the international aid package, we got text of that bill today, and they were probably vote saturday afternoon or evening, at least in the house represented of's. that is on the docket here is what, that is a point with the

democrats thank we have other things to do here in the senate. we have two room new foreign intelligence surveillance program, section 702, the program was reapproved with some retooling to the house last week. that comes up friday night. and the senate if the house can move these things has to sync up with the house of representatives on the international aid packages as well. >> neil: all of that would have been delightful. of the senate takes up those, and they could be doing nothing else doing it, right? >> not necessarily. if you look at the senate impeachment rules, and you can agree to do anything good but by a rule you start at 1:00 in the afternoon. they could have been doing other business in the morning and then go to the impeachment in the afternoon. one of the reasons they usually made at 1:00 in the afternoon is because achieve justice of the united states typically presides over these impeachment trials and they have court across the street at the supreme court usually an argument a ten, 11, then give them a chance to go to lunch and come across a street to the capital. they could have done other business in the morning but it

might not have made think is easy because floor time is always a premium. >> neil: goddard, siu thank very much. we will be waiting for these responses. no statement yet from the white house or president biden will who was not too keen on this impeachment effort. to bring you up-to-date before we take a break, the senate has voted today to dismiss two articles of impeachment as a homeland security secretary alejandro mayorkas. he lives to fight another day. and the border were republicans say is not up to the job, or doing his job, and that is under the full support of the president of the united states. so he is still the home and security secretary, not impeached, already no doubt on both sides, publicans and democrats ready to pounce on this. for democrats an opportunity to say this was a sham and you should know what, for republicans to say it was not a sham and you are going to regret it. stay with us ♪ imagine a future where plastic is not wasted... but instead remade over and over...

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>> you know about the impeachment ever that failed to get a four mayorkas, on capitol hill today including the big wait to see what israel does in response for that a raining a missile attack over the weekend. general kevin mckenzie joined us, former central command chief. always good to have you. this issue has gone up again and again as to waiting for whatever response israel will have, they have indicated they will have a response, at an award they're sharing with us or not. what do you think that response will be? >> i think israel's task is how to turn remarkable operational victory over the weekend, comprehensive in any way into any strategic success. and to do that they have to balance their desire to strike back if somebody who has done so with tremendous force, great

malls, the coalition and the assistance in this defense, keep their neighbors in the arab world on a side. it is a complex equation that israel faces. whoever we should always noted this, the issue with israel now is not with iran, iran is weaker today than they were the night before the attack, is really stronger today than they were before the attack. but sometimes victories can be hard, can be as hard to deal with as defeats. >> neil: i guess we have made it clear, the west has made it clear cut to the nations is made it clear, sort of paraphrase the president, take that wayne and stop. now if that is not of the position israel is going to take relearn from a number of arab bylaws who were actually on israel's side into this whole attack, but are not going to share their airspace or do anything of the sort if there is a follow-up attack. that leaves israel on its own whatever it does, right?

>> asia will have to work very hard on how they will respond, there are some things they can do, track israel -- that will demonstrate the technological superiority over iran. but they have to balance that and think strategically longer-term. this will not be easy for them to do, i decided the culture in the region, you don't turn the other cheek, it's not a culture that reacts at her slugs at it, but israel has not only bonds was happening in the region but you have to balance their international support outside of the united states, france, united kingdom, very helpful to them so it's very difficult challenge they face right now and they really do have to think about how they want to go forward with a. >> neil: commander are you surprised by all of these protests that have popped up in the case of the latest ones, the monday after these attacks? so it says something about a global pressure that israel is under.

it even after getting struck by 300 muscles that were blessing late knocked away. no overwhelming support or sympathy, bad luck my friend. none of that. it's just unusual isn't it? >> it is something israel had to take into account is make a decision here, because the world is a complex place,, it's a about more than around. it's about the support they need globally and that's a very difficult problem they face right now susie augustine no matter what israel doesn't response, i don't think it's too late to assume that iran will want to respond to that. do we just go back and forth with this? >> and ryan fired it pretty much their maximum effort over the weekend, they could attack and

if they choose to do so, i don't know if it'll be different -- a wranna -- atul thin enough has been made of webbiemac lebanese hezbollah has not chosen to come into the site. there have been the some attacks across the northern border with israel but they have not chosen to aid in iran in a full way, and lebanese hezbollah is the largest nonstate entity in the world. they can throw thousands of rockets into israel. they have chosen not to do that and i think that is significant. as and get his words at bearing in mind, even east to iran. >> neil: general commander, thank you for your service. be well. >> it thank you a. >> neil: updating you, as the united states senate has dismissed impeachment charges against homeland security secretary alejandro mayorkas, continuing to do his job. folks like lindsay graham not one but happy about it.

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>> neil: all right, the white house has issued a statement regarding the senate voting down this mayorkas impeachment we have been talking about saying i quote here, "once and for all the senate has rightly voted down this baseless impeachment that even concerned

legal scholars said was unconstitutional. continue doing their jobs to keep americans safe and pursue actual solutions at the border." going on to say professional republicans should join them instead of wasting time on baseless political stunts while killing real bipartisan border security reform. so the political fallout from this as each side will try to capitalize on it. the political reporter. jenna caldwell, fox news political analyst. podcast host. what do you think about what the white house is saying? obviously to be expected. republicans saying just the opposite, that democrats will rue the day that democrats who voted that vote that essentially made this thing go away because the immigration issue will not go away. the border issue will not go away. they are going to keep pounding it. what do you think? >> that's right. >> neil: i'm sorry, i do want to go to tiana first. >> it is currently unprecedented. we have had a most 10 million illegal immigrants cross into the southern border since biden

took office. 1.7 million got-aways and it recently topped the economy is the issue voters care the most about bud biden is clearly catering to this far left flank of his party and it is why he won't actually have any procedural reform on the issue, it will rather be throwing pennies at border patrol. the issue isn't just border patrol funding. it is the official policy of catch and release, which unlike the obama era, at least migrants would be caught and released with a court date. right now the system is so backlogged that these migrants are getting released and told that they will be notified of a court date, may be in few years from now. and so the reality is that impeaching mayorkas, while it is important because mayorkas did most likely lied to congress and mayorkas has most likely violated the law in not enforcing congressional law as written, it won't change anything as long as the official biden administration policy refuses to change. but all of this is signaling to

voters that joe biden is indeed doubling down on open borders policy. >> neil: i'm sorry for the confusion at the outset. the democrats, with whom i have talked on the subject, say there is a very big difference between expressing concern for the border and what they call a sham scam to get rid of the guy running homeland security. and they are happy to fight that out in the press and in the polls. to justify the distinction to you. >> well, first and foremost, i fully agree with what tiana just said. i thought it was very well put. to add to that, democrats are clearly shown that they are hell-bent on politics. the migrant crisis has impacted the country in ways that not many people expected. if you look at an example in chicago. you've got 11000% increase in migrant crime in the city of chicago. if you look at new york, over the next three years, they plan on spending $12 billion for migrants. we have american citizens who

have been disenfranchised about what we have seen at the border, and joe biden saying there was no crisis forever, for a very long time, he said there was no crisis, there was nothing to see here. but what we do see as many americans have taken note to it. that is why immigration is now the number one, number two issue for many, many americans across the country, in addition to that fact. is also the reason why so many people, including african americans in chicago and otherwise have saide going to support donald trump for president because they believe that he can actually solve this issue. so of course they didn't want to have any debate or conversation about this because, again, it is going to tease out what many americans already feel: that the border is out of control, and a joe biden has failed to protect this country from, including many folks that have come over that have been on the terrorist watch list. consider the fact that we have all of these wars going on across the country, you just never know what this could lead to, and it's unfortunate, neil. >> neil: that gets back to the

issue, there is a big difference between what gianno laid out and the guy at home unsecured he still has his job. they're going to draw the distinction, threading the needle, to the point that he isn't the issue, the border still is the issue, so those voting to have this whole thing declared, articles of impeachment unconstitutional, we are saying this is the farce. don't see the border is a farce. that could be a tough sell. >> yeah, and there is a reason why republicans like tom cotton or warning, before biden even took his oath of office, do not rip up the save third country agreement that stop migrants from passing through multiple countries to buy whichever asylum they want. there is a reason why they warned against ripping up remain in mexico, because without these diplomatic deals, it increases heavy incentive that is wreaking havoc not just on america, where you have over 100 migrants living in boston logan airport. thousands of migrants living in

chicago precincts. migrants living everywhere because we don't have the capacity for them. but also passing through central and the rest of north america, these incredibly dangerous, darien gap, where doctors without borders are saying that sexual assaults have increased sevenfold in just the last quarter of the year, because people are not just coming from south america, but they are also flying. it's why you have this explosion of chinese nationals coming over here. iranians, russians, they fly out here and they come into a country where we can't kick them out again because biden ripped up those policies. >> neil: guys, i wish we had more time, you both articulated very well. that battle goes on and the debate goes on. just without the issue of the homeland security secretary, who stays at his job. the president happy that he is staying at his job. i hope this has no more repercussions. we shall see. "the five" now. ♪ ♪ >> dana: