Wednesday, January 27, 2021

The Unconstitutional Impeachment Trial of Donald Trump

The witnesses Trump team should call at farcical impeachment trial

It appears that Chief Justice John Roberts will not preside over next month's U.S. Senate impeachment trial of President Trump. Instead Sen. Patrick Leahy, the president pro tem of the Senate, will serve in that role.

How can Roberts not preside over the trial? The Constitution is clear that the chief justice "shall" preside over impeachment trials in the Senate. Not "may." Not "should." But "shall." So is Roberts signaling that this trial is outside of the Constitution? That it is not an impeachment trial? If not an impeachment trial, then what is it?

Read more...

2 comments:

Anonymous said...

We can dream up conspiracy theories or we can research it.

"As Frank Bowman explained in an article for SCOTUSblog before Trump’s first impeachment trial last year, the Constitution requires the chief justice to preside over an impeachment trial for the president. But Trump, who was impeached on Jan. 13 for his role in inciting the Jan. 6 riot at the U.S. Capitol that left five people dead, including a Capitol police officer, is no longer the president.

In a statement released on Monday, Leahy wrote that the president pro tempore “has historically presided over Senate impeachment trials of non-presidents.” Leahy pledged to adhere to his “constitutional and sworn obligations to administer the trial with fairness.”


https://www.scotusblog.com/2021/01/roberts-will-not-preside-over-impeachment-trial/

Lynn Anderson said...

Democrats are making up their own rules~ AGAIN!