mr. schmitt: madam president. reserving my right to object. to dismiss articles against secretary mayorkas without a trial, here today or in committee, is unprecedented move by senator schumer. never before in the history of our republic has the senate dismissed or tabled articles of impeachment when the impeached individual was alive and not res resigned. as senator schumer said in 2020, a fair trial has witnesses, relevant documents as part of the record, a fair trial seeks the truth, nothing more, nothing less. i will not assist senator schumer in setting our constitution ablaze and bulldozing 200 years of precedents. therefore, i object. mr. schumer: madam president. the presiding officer: objection is heard. mr. schumer: madam president, i raise a point of order that impeachment article 1 does not allege conduct that rises to the level of a high crime or

misdemeanor as required under article 2, section 4 of the united states constitution and is therefore unconstitutional. the presiding officer: under the press depths and -- precedents and practices of the senate, the chair has no power or authority to pass on such a point of order. the chair therefore under the precedence of the senate submits the question to the senate. is the point of order well taken? >> this quorum call continues. we're waiting for center speaker you are hearing the roll call of the names of the united states senators as they go through this quorum call, even though there's obviously a quorum on the floor due to earlier productions of impeachment trial. sey.

mr. cassidy. ms. collins. >> explained we are and why this is a quorum call despite what we heard from senator schumer not too long ago. >> basically to buy time on the senate floor some republican senators can figure out how to respond to this move right here. schumer is raising a point of order that the first article of impeachment is unconstitutional. because it does not allege a high crime or misdemeanor. that's this data set by the constitution. patty murray as you just showed says she doesn't have the power to decide the question. she's going to ask for the senatens to vote on whether the point of ordern. is valid. if the senate votes to sustain schumer's point of order it to

eat it effectively dismisses the first article of impeachment, then schumer will move forward with the point of order similar point of order against the second article of impeachment. if that is sustained by separate vote, both charges will be dismissed and the senate trial will be effectively over. >> this could essentially become and even speedier trial in what senator schumer was offering in that original statement that he made? >> well, what schumer offered which is set aside debate time to give republicans an opportunity to vote on some trial resolutions sponsored by mike lee and ted cruz to basically either hold a full senate trial or to refer the impeachment to the special committee. but as you saw on the floor freshman senator eric schmitt republican of missouri objected to that unanimous to agreement. so because of that there is no structure for the trial and schumer is moving ahead with a point of order basically to

declare the articles of impeachment unconstitutional. what's interesting is schumer is raising a point of order to dismiss the charges. by doing so republicans don't have an opportunity to offer their own points of order. he is preempting them here so they really can't do much in way of protest or to drag the proceedings out if, in fact, this point of order is sustained. >> and our point of orders a simple majority vote in the senate? >> yes. under senate impeachment rules all matters are decided by majority vote except for conviction or acquittal. as you know that requires two-thirds vote of the senate to convict or remove a federal officer from office. >> come back to eric schmitt objection, was at expected, do you know? >> well, you know, they've been trying to work out a deal on debate and vote on trial resolutions since yesterday. it looks like almost everyone was in board except for schmidt,

and schmidt told reporters downstairs shortly before the vote that he would not agree to the uc. at the time he objected it wasn't a surprise that there was something that was revealed by schmitt only a short time before he objected. >> as you know the cameras controlled by the senate and we have a high shot of the dice here. did you get a sense of what the reaction was to the objection and chuck schumer's response and offering this motion and response to that objection? >> well, i mean, from my colleague who is in the chamber he sent me some color and said after that happened senators immediately started to huddle and figure out next steps. there was a huddle on the floor between senate republican whip john thune, ted cruz, mike lee, john kennedy and mcconnell's chief of staff, john cornyn who was hoping to become the next

republican majority leader. he was part of those conversations. so there was, there were certainly some frenzied huddling on the floor, you know, and so in the meantime jon tester who is a critical vote here over and snuck a bag of peanut butter m&ms out of cory booker subtest. at some of the floor activity. the outcome is a foregone conclusion. huckabee senate trial so i think senators are waiting for this be over with. >> hill.com as we can go to read his reporting and out of his colleague. always great comfort in the hill. thanks for filling us in, alex bolton. >> thanks for having me on. mr. wicker. mr. wyden.

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i got from with the to proceed to close session to allow for deliberation on the question as required by impeachment rule 24. >> madam president? >> majority leader in a previous consent request we get your site a chance for debate in public the way it should be, and your side objected. we're moving forward.

>> the question is on the motion to ask for the yeas and nays. >> is a sufficient second? there is a sufficient second. the clerk will call the roll.

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[roll call] [roll call] >> the senate croley l doug lute on senator ted cruz his motion to proceed to a close session to consider senate majority leader chuck schumer's impeachment articles are unconstitutional, deciding whether to go to close session and then after that we expect senate majority leader chuck schumer's to continue with

his push to make this a speedy trial. we are here on c-span2 watching [roll call] [roll call] [roll call] [roll call]

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>> the motion is not agree to. the pending order is the motion made by the majority leader on the point of order. >> madam president? >> the senator from louisiana. >> madam president, i have a motion. i think my motion takes precedent. having heard senator schumer

serious allegations which in my judgment are specious about the constitutionality of these impeachment proceedings, we find ourselves in the awkward position because we're in impeachment proceedings and being able, unable to discuss in public the merits of senator schumer claim, and at the same time my democratic friends have refused to go into closed session so we can't discuss it. for that reason, madam, madam president, i move we adjourn this court of impeachment immediately until 12:00 noon on tuesday april 30, and ask for the yeas and nays. >> is a sufficient second? there is a sufficient second. the clerk will call the roll.

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>> waiting for the final vote count, the republican of indiana to adjourn the impeachment trial for news two weeks until april 30 at noon and effort to possibly prolong these . a motion by senator ted cruz of texas republican to proceed to a closed session, debate option today was defeated just a few minutes ago. 51-49 51-49 along party lin. we are waiting for the vote count here on this latest motion by senator john kennedy. [inaudible conversations]

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on this vote the gays are 49, the nazar 51. the motion the motion is not agree to. the republican leader is recognized. >> the senate just sworn oath to do impartial justice. according to the constitution and the laws of our country.

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to table the order and the point of order with the article one of the impeachment article against alejandro mayorkas was unconstitutional because no high crimes or misdemeanors were alleged. that is about the democrats are

coming to this is the third motion by senate republicans to try to delay that low or a closed session or delay the trial and more debate senators cannot debate as they sitting court impeachment. here we are watching the various most injured between that even offer by the party line vote or waiting results of the latest vote again on senate minority leader mitch mcconnell to table senator chuck schumer's point order when it comes to the articles of impeachment. live coverage on c-span2.

>> the gays are 49 the names are 51 the table is not agreed to the motion before the senate is a point of order the question on the point of order is taken. is there a sufficient second? >> the clerk will call the roll. [roll call] [roll call] [roll call] [roll call]

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>> the latest vote on the original port of order, article one of the impeachment article against alejandro mayorkas is unconstitutional say no high crime or misdemeanor were alleged in the article reminder article about alejandro mayorkas saying he refused to comply with the laws willfully and systemically not upholding the nation's immigration laws that's what's being voted on now. if that is sustainable effectively dismiss article one of the impeachment of alejandro mayorkas it's a two-part impeachment of the previous books that have been held to try to delay this trial or defeat chuck schumer's point of order and of all been defeated on partyline votes. we'll see what happens with the vote counts in case you missed live coverage here on c-span2