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"In the trial if the Gaetz thing happens, Leahy will likely stop his argument the the basis of impertinence and being immaterial. Who would overrule him?"

Queeg. That is what so many people are missing on this thread.

This Trial is supposed to come off as pure kabuki, the House presents their case -- with 720p vidya screens lofl -- and the Senate falls short, way short of votes, what those votes are supposed to do: 'remove' a private citizen? Whatever. Not the point.

No, the point is, if Leahy so much as even accidentally drops that gavel to stop the defense, then Gaetz would go straight to SCOTUS for ruling "In Re:" and pull Queeg right into that which Big John desperately wants to stay out of.

You realize that the reason Queeg specifically declined this kabuki Trial, he is the tie-breaker for adoptions. He is the 'question reader'. In Trump's 1st Impeachment Trial, Roberts (and ONLY ROBERTS could have) made critical rulings ACTING CONSTITUTIONALLY as PRESIDING OFFICER, the SUPREME COURT CHIEF JUSTICE OF THE UNITED STATES.

Trump's counsel, Gaetz or whoever, should open with a ticklist of Constitutional questions and force Queeg fully into the kabuki spotlight front and center -- including 'how dare you shirk your Constitutional duties, Mr. Chief Justice'; and then pull out the dirty ballots.

SCOTUS has no jurisdiction over how Leahy operates or what he allows or disallows. The only matter the SCOTUS would have is that Trump is a private citizen on trial.

The defense for that is that Trump was impeached while President and the Constitution states Article I, Section 3, Clause 7 that if convicted, the punishment could also entail "disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States...". Defense will argue that the Constitution is silent on the matter and that the Senate should have a chance to complete the process thereby having the ability to disqualify Trump "to hold and enjoy any Office of honor, Trust or Profit under the United States".

My guess is the majority of SCOTUS would side with the defense.