Posted on 01/25/2021 2:07:20 PM PST by frogjerk
There is no other provision in the US Constitution that provides for any other person other than the Chief Justice of SCOTUS to oversee an impeachment trial of POTUS. It is explicit
Any senator or congressman or congresswoman is disqualified for presiding over said "trial" over someone other then POTUS (Trump) as they are not impartial - either for or against in the previous trial would be grossly improper
The impeachment article reads that it concerns " Donald John Trump, President of the United States" which is not true. The article is invalid because Trump cannot both be POTUS nor NOT_POTUS. New articles of impeachment would need to be drawn up and voted upon.
The US Constitution provides no provision or rule as to the impeachment trial of a private citizen. Therefore Congress has no such power as the US Constitution works on the basis that whatever power is not granted to the FED GOV it is granted to the States or to the People
An explicit impeachment or law intended to prevent a private citizen from running for public office would be a bill of attainder which is unconstitutional
Another justice, doubtful.
Who then? Harris? Biden? Schumer? Pelosi?
This goes nowhere without Roberts, and apparently, he can read the constitution occasionally.
The definition of a Constitutional crisis is when a Republican attempts to use the Constitution to thwart the will of the Democrats.
Although usually accurate, the phrase “Constitutional crisis” is beginning to take on the characteristics of a “Boom!”
Now, if Trump is not POTUS, which he currently isn't, the Senate can provide for someone to preside. The problem with that is that person in the office of The President of the United States that was impeached which REQUIRES that the Chief Justice preside.
If TRUMP is not POTUS then the impeachment article which references him as POTUS is invalid, expired, abrogated, annulled...whatever word you want to use.
If they try him as “President”, Trump should appeal to the Supreme Court that Congress has officially recognized him as POTUS. :-)
I agree but this is ACTUALLY a Constitutional Crisis. And it isn’t “Amazzzzzing”
Why not? Sounds good to me.
They announced a Democrat senator would preside, saying that they don’t need Roberts since Trump isn’t President.
Art 2, Sect 4 makes it impossible to impeach a non-president
They are working to provoke a crisis. Don’t go to DC to demonstrate. Work around the state capitals peacefully.
I am all for sending cadres of clowns to line the Key Bridge and march up and down the Beltway with posters supporting the DNC.
That is all the left is, clowns.
Moot.
What Constitution are you referring to, the one drafted in the 1780’s or the one currently being used as toilet paper in the US Congress?
You are correct.
It's like a pocket veto, when Congress passes a lame-duck bill at the end of their term, and it is not signed when Congress expires. The bill becomes moot and must start again in the new Congress.
The House impeached President Trump at the end of his term, but the trial is moot because his term has expired. It was pocket vetoed, so to speak.
-PJ
True enough!
In the article of impeachment it explicitly refers to Trump as POTUS, therefore this concerns the office of the POTUS
Secondly, even if the first argument is twisted beyond recognition, Leahy, cannot preside as he is partial by his being involved in the first impeachment trial and the Democrats would lose a vote in the Senate as he wouldn't be able to vote and preside.
A total all around.
Mass Media is reporting that Sen Leahy will ‘preside’ in place of Chief Justice Roberts.
As if this kangaroo court couldn’t find more ways to be more of a circus, with apologies to my circus animal owning clients.
I think a “constitutional crisis” these days is sorta like a horseshoe shortage crisis.
Too bad there is no constitution left to have a crisis over...the Democrats and their Quisling Republican allies stomped on it.
:-(
You are correct—and locked steel doors make it impossible to rob a bank....
Oops.
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