Article 1, Section 3: 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.
Presiding officer for the impeachment of a judge, cabinet member or other official is not specified, but for a president, it is made mandatory that the presiding officer is the Chief Justice. Roberts can resign if he feels so strongly about doing his job, but the Constitution doesn't contain a "I don't want to" clause.
I was talking to someone last night about the idea of Roberts
resigning.
We’re stuck with him. Imagine giving Biden the slot for a
nomination.
I know Roberts is bad, but imagine who Jao would nominate.
Good grief.
Can someone please post the exact legal definition of the "on Affirmation" part of that? And what is the penalty for disobeying?
True. Regardless of what we think, he’s not president.