House GOP fails to impeach Homeland Security Secretary Mayorkas

House Republicans were exasperated after the stunning defeat of their resolution to impeach Homeland Security Secretary Alejandro Mayorkas, lobbing some criticism at their own leadership over the fiasco even as they plan to bring the vote back up again when they have better attendance.

GOP Rep. Steve Womack of Arkansas said it was unwise of leadership to put the bill on the floor not knowing for sure whether it would pass, adding to the perception that House Republicans can’t govern.

Rep. Ralph Norman of South Carolina also criticized GOP leadership’s strategy on the Mayorkas vote.

“I would have thought they would have known that. I would have thought that would have been basic,” Norman said of the whip count. “They’re good on the other side of knowing that. Is it that hard?”

“But it did happen, it went down, and we live to fight another day,” he said.

Rep. Marjorie Taylor Greene disputed that it was a miscalculation to put the bill on the floor, telling CNN, "I don’t think it’s a failure at all," and warning that the Republicans who voted to sink the impeachment articles would be hearing from voters.

“I’m sure they’ll hear from their constituents. I’m sure they’re probably hearing from them already, but I think they should listen to them," the Georgia Republican said.

“I look forward to having Steve Scalise back. Of course, been praying for him this whole time to beat cancer,” she added, referring to the House majority leader who was absent from the vote as he recovers in Louisiana from a stem cell transplant. 

The White House is calling Tuesday night's failed vote to impeach Homeland Security Secretary Alejandro Mayorkas a "baseless, unconstitutional impeachment stunt."

Sams also called the impeachment vote a "waste of time."

"House Republicans ought to realize that extreme political stunts like this are a waste of time, and instead join the President, Secretary Mayorkas, and Republicans and Democrats who want to work together to deliver real solutions that actually strengthen border security," Sams added. 

The surprise maneuver by House Democrats that sunk the Alejandro Mayorkas impeachment vote came at the last minute.

Democratic Rep. Al Green of Texas, who has been absent recovering from surgery, was expected to miss the vote, which would have given House Republicans the margins they needed to impeach the Homeland Security secretary.

But, sources said, Green was wheeled onto the House floor at the last minute with no shoes, to vote against impeaching Mayorkas and deliver a stunning defeat to Republicans.

Leading up to the vote, Republicans believed that Green’s absence would give them the cushion they needed if a few GOP lawmakers defected and felt confident they would be able to squeak the vote through up until the last minute.

Up until Green’s vote changed the margins and tipped the vote over the edge against Republicans, the plan to bring him back was in flux, a source familiar with the plans told CNN.

Even Republicans acknowledged that Democrats' decision to wait to reveal Green’s presence was well-played.

“I like a good game. They played a good game. I don’t like that we lost” GOP Rep. Andy Biggs of Arizona told CNN.

Green’s return may have caught Republicans by surprise – but Democratic leaders said they were ready for it.

"It was not a surprise," House Minority Whip Katherine Clark told CNN of Green's return.

Democratic Rep. Bennie Thompson of Mississippi said Green "had been out, but he saw the importance of coming and he did.”

Green was not the only lawmaker rushing back to the Capitol for the crucial vote.

Rep. Hal Rogers, a Kentucky Republican who has been recovering from a car accident, appeared on the House floor in a large neck brace, and GOP Rep. Nick Langworthy of New York returned just in time to vote after leaving the Capitol for an emergency. 

 “It was all hands on deck,” Thompson reflected.

After facing a stunning defeat on the House floor, GOP leadership is signaling they will try again to impeach Department of Homeland Security Secretary Alejandro Mayorkas once they have the votes secured. 

Despite rumors swirling that House Majority Leader Steve Scalise – who would be a key vote – could be back tomorrow, his office denies that. 

The vote could potentially be brought up as soon as next week. 

The Department of Homeland Security issued a statement Tuesday saying Republicans should abandon "political games" following the failed effort to impeach DHS Secretary Alejandro Mayorkas on Tuesday.

Some context: Legal experts, including Alan Dershowitz, who represented former President Donald Trump in his first impeachment trial, have said Republicans lack evidence to impeach Mayorkas. Former DHS Secretary Michael Chertoff, who served under Republican President George W. Bush, constitutional law expert Jonathan Turley, who has been called by Republicans to serve as a witness in hearings, and 25 law professors have all written about why Republicans have not presented evidence against Mayorkas that rises to the level of impeachment.

Republican Rep. Ken Buck said the "principle is very clear" for why he joined Democrats in voting against the resolution to impeach Department of Homeland Security Secretary Alejandro Mayorkas: The secretary did not commit a high crime or misdemeanor.

But, the Colorado lawmaker said the resolution is likely to pass at some point when House Majority Leader Steve Scalise is back on the Hill. He was not present for the vote on Tuesday because he is still recovering in Louisiana from a stem cell transplant.

Republicans could only lose three votes in their razor-thin majority if all lawmakers are present. With Buck, Republican Reps. Mike Gallagher and Tom McClintock also voted against the resolution.

Buck said he is disappointed that there is still a way forward "because we are setting new levels — low levels for these impeachments," Buck said.

"It is not the way we should be going when we need to solve the difficult problems that we have in this country," he added.

Homeland Security Chair Mark Green said he is "frustrated" that House Republicans failed to impeach DHS Secretary Alejandro Mayorkas, but said Republicans will vote again when Majority Leader Steve Scalise is back and pass it.

Scalise was absent from the vote as he recovers in Louisiana from a stem cell transplant. 

Green presides over the Homeland Security Committee that sent the impeachment articles against Mayorkas to the House floor. He had personally met with some of the GOP holdouts on the impeachment, such as Rep. Ken Buck of Colorado, and issued a number of memos on Mayorkas in recent weeks, GOP sources previously told CNN.

Three Republicans — Colorado Rep. Ken Buck, Wisconsin Rep. Mike Gallagher and California Rep. Tom McClintock — joined the Democrats in voting against the resolution to impeach Department of Homeland Security Secretary Alejandro Mayorkas.

GOP Rep. Blake Moore joined the no side to allow House Republicans to bring up the vote again.

The House GOP also has three vacancies after the departures of Kevin McCarthy and Bill Johnson, and the expulsion of George Santos.

House Majority Leader Steve Scalise was not present for the vote, as he is still recovering in Louisiana from a stem cell transplant. 

The House’s failure to impeach Homeland Security Secretary Alejandro Mayorkas is a “massive defeat for the leadership of the GOP,” former Illinois Republican Rep. Adam Kinzinger told CNN’s Wolf Blitzer on "The Situation Room.” 

House Speaker Mike Johnson told CNN earlier Tuesday that he believed House Republicans had enough votes to impeach, but several Republican lawmakers voted against the resolution. 

Tuesday's failed vote also casts doubt on whether a potential effort to impeach President Joe Biden will succeed, Kinzinger, a CNN senior political commentator, argued.  

If the effort had been successful, Mayorkas would have been the first Cabinet secretary to be impeached in nearly 150 years.