I’m no lawyer, but I thought part of the Democrat goal was to bar Trump from future office. That possible penalty is built into the Constitution, as a potential outcome of a senate trial of a president, presided over by the CJ.
If they recognize that Trump is not president, and if the CJ is not going to preside, then doesn’t this smell even more like a Bill of Attainder where a legislative body votes to punish someone?
The United States Constitution. Art. 1, Sec. 9, states, "No Bill of Attainder or ex post facto Law shall be passed." In Art. 1, Sec. 10, even states are forbidden from passing any Bill of Attainder.
Of course, the Demonicrats have long despised and disregarded the U.S. Constitution.