Posted on 01/25/2021 8:08:07 PM PST by Helicondelta
Supreme Court Chief Justice John Roberts will not preside over former President Trump’s Senate impeachment trial, which is scheduled to begin in earnest on Feb. 8.
Instead, Senate President Pro Tempore Patrick Leahy (Vt.), the most senior member of the Senate Democratic Conference, will preside over the trial.
Leahy on Monday confirmed he would wield the gavel and promised to administer “impartial justice.”
Republicans say Roberts’s absence undermines the legitimacy of the trial.
“The Constitution requires that the chief justice preside over the impeachment trial of a president but that’s not what we’re doing. To me that’s indicative of the fact that we’re in uncharted waters,” said Sen. John Cornyn (R-Texas), a member of the Judiciary Committee.
“I just think it looks very petty and vindictive and I understand there are a lot of people who are mad but the process itself already looks like a railroad job,” he added.
Cornyn said having a Democrat preside over the trial “really undermines the legitimacy.”
Other GOP senators echoed that criticism.
“If the chief justice doesn’t preside, I think it’s an illegitimate hearing and really goes to show that it’s not really constitutional to impeach someone who’s not president,” said Sen. Rand Paul (R-Ky.).
Leahy on Monday pushed back on the Republican criticism.
“I have presided over hundreds of hours in my time in the Senate. I don’t think anybody has ever suggested I was anything but impartial in those hundreds of hours,” he said.
(Excerpt) Read more at thehill.com ...
Collins and the Turtle are safe for the next 6 years
They aren’t going anywhere soon
Can someone please post the exact legal definition of the "on Affirmation" part of that? And what is the penalty for disobeying?
Why not Chris Wallace. He was such an impartial moderator during the debates./s
Well, McConnell may well retire at the end of his term, anyway. His more immediate problem might be not being able to ever set foot in KY (and several other states) again.
And without a judge presiding over the the trial it's not a trial...
It is clearly illegitimate to start with.
Did the article somewhere say just why the dem0crats were trying to pull this stunt? Leaky Leahy is as corrupt as liberals get.
Cheney however loathsome his slattern daughter is
Was correct when he told Leahy to go eff himself
Maybe fraudster Darkwinter issued a decree deleting the constitution. If not, this is what it says. Looks like its Ch Justice Roberts job alone.
Article I, Section 3, Clauses 6 and 7 provide:
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two-thirds of the Members present. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States; but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
What the heck, just let George Soros preside over the trial. Might as well go full-bore ridiculous.
The Chief Justice presides when “the President of the United States is tried.” Trump is not the President of the United States, so when he is tried, the Chief Justice will not preside.
Show trials are starting.
We got to vote them all out, Oh wait.
True. Regardless of what we think, he’s not president.
He’s not president!!!!!!! That’s why they can do this.
Yes, Leahy, you have been the picture of objectivity and fairness during your tenure.
The USA constitution is dead. A rotten corpse.
Adjust accordingly.
It is an Impeachment process. They are calling it that.
The Chief Justice must preside, or dismiss the case.
They cannot prosecute a private citizen.
The Chief Justice of the United States needs to get off his
back-side, and get over there and explain the Constitution
to them.
If they are trying to Impeach him, then the judge needs to
dismiss the case. They have no standing.
They cannot do this legally.
They themselves are calling it an impeachment.
If he’s not president, they can’t impeach him. They don’t have that authority.
Roberts is supposed to be the judge for these very reasons.
If I may jump in with a comment on your post 52.
Any Chief Justice could reply to your argument that the SHALL applies to an Impeachment trial for which the remedy upon conviction is a removal from office. In this case the subject of the charge is no longer in office so such a trial is moot.
Playing into the Democrats hands he backs away without declaring, in his Constitutional capacity you cite, such an Impeachment trial invalid and therefore the House gets a complicate Senate to play a charade and for the purpose of a Trial that is not a trial, they use Leaky Leahy.
Since the House Impeachment did not follow the rules, why should the Senate. Its the District of Caracas, not the District of Columbia anymore. The press won’t object they just play along like the show trials for Stalin.
Is that action Constitutional??????
Quantas Airlines assures Leahy & Schumer that their Special Flight will arrive before Feb 8th and will contain a full load of Kangaroos and Wallabys.
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