by Fred Lucas
The Department of Homeland Security so far has spent $3 million of taxpayer money to defend embattled Secretary Alejandro Mayorkas against impeachment by the House of Representatives, according to documents obtained by The Heritage Foundation’s Oversight Project.
The DHS contract with a law firm was to cover the cost of a failed attempt to stave off a House impeachment, as well as to defend President Joe Biden’s homeland security secretary in a possible Senate trial.
As first reported Wednesday by the New York Post, Heritage’s Oversight Project obtained 56 pages related to the impeachment process from the Department of Homeland Security’s Office of Procurement Operations. The $3 million total is enough to employ 70 Border Patrol agents, the Post reported.
The Oversight Project is the watchdog arm of The Heritage Foundation, also the parent organization of The Daily Signal.
The Republican-controlled House voted 214-213 last month to impeach Mayorkas on two articles related to the crisis at the southern border. A Senate trial to determine whether Mayorkas is guilty and should be removed may not occur, however, because Senate Democrats and three independents who normally vote with them just outnumber Senate Republicans.
One article of impeachment alleges that Mayorkas has failed to secure the southern border or to enforce immigration laws while executing policies that incentivize illegal immigration. The other article alleges that Mayorkas breached the public trust and knowingly made false statements to Congress.
DHS signed a contract with the law firm of Debevoise & Plimpton LLP to provide “legal support for the Office of the Secretary and Office of General Counsel (OGC) as outlined in the Statement of Work,” the documents say, adding:
The Department of Homeland Security (DHS), Office of the Secretary and Office of General Counsel (OGC) require legal representation and legal advice regarding possible consideration in the House of Representatives of articles of impeachment and a possible trial in the Senate if the House votes to impeach the secretary [Mayorkas]. Representation of DHS and its officials will be in their official capacities as DHS employees. DHS may require expert assistance concerning the constitutional, legal, and historical framework and historical precedent applicable to impeachment of a Cabinet official and advocating DHS’s interests to Congress.
“Counsel may provide expert advice on the impeachment process, related congressional investigative practices, laws impacting the process, and impeachment proceedings within the House of Representatives,” the documents add.
“Counsel may provide expert legal advice to DHS and OGC during impeachment proceedings in the Senate. As part of counsel’s legal advice and guidance, counsel shall review all relevant material and advise the witness of their legal rights and obligations, in coordination with OGC,” the documents say, referring to DHS’ Office of General Counsel. “All preparation for the impeachment proceedings must be completed prior to the date of any scheduled impeachment trial.”
The description of the contemplated work goes on to say: “Counsel should have extensive experience and knowledge in the congressional oversight process, especially the House of Representatives impeachment process and Senate impeachment trials.”
Although the contract doesn’t specify a lawyer, Debevoise & Plimpton’s David O’Neil worked for House Democrats’ impeachment managers in one of the impeachment cases against then-President Donald Trump.
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Fred Lucas is chief news correspondent and manager of the Investigative Reporting Project for The Daily Signal. He is the author of “The Myth of Voter Suppression: The Left’s Assault on Clean Elections.”
