RBG says Trump 'is not a lawyer' and suggests biased senators should be disqualified

[babylonsister]

RBG says Trump 'is not a lawyer' and suggests biased senators should be disqualified
Alex Woodward
New York
2 hours ago


Asked whether Donald Trump could petition the Supreme Court to stop his impeachment, Supreme Court Justice Ruth Bader Ginsburg said: "The president is not a lawyer. He's not law trained."

Ms Ginsburg, speaking in a wide-ranging conversation with the BBC's Razia Iqbal, also implied that senators who have already expressed their verdict in the president's likely impeachment trial should be disqualified.

She said: "Should a trial be impartial? Of course. That's the job of a judge to be impartial."

Ms Igbal asked: "So if a senator says, 'I've already made up my mind and the trial doesn't exist at the moment,' there is no accountability, is there?"

Ms Ginsburg replied: "If a judge said that, a judge would be disqualified from the case."

She also invoked a statement from former Justice William Rehnquist, saying: "The day a judge stops being impartial, and starts to do things to please the home crowd, that's the day the judge should step down from office."

more...

https://www.independent.co.uk/news/world/americas/us-politics/rbg-trump-impeachment-supreme-court-interview-a9250906.html

[democrank]

1. Kicking for RBG

[Mike 03]

2. Indirectly, I think, this raises the whole issue of whether Chief Justice Roberts would even accept

presiding over this "trial." I don't think it's out of the realm of possibilities that he refuses the participate. The portrait of him in the book "The Most Dangerous Branch" is that he deeply cares about the integrity, credibility and reputation of the Court, and his legacy as well.

[Polybius]

24. He has no choice but to be there

The Constitution mandates it.

[coti]

3. It doesn't sound like she said they should be disqualified, she said biased senators shouldn't be

given the credibility of judges (or, for fact determination, of jurors) by saying that a judge would be disqualified.

[Mike 03]

6. The problem is that the rules of the Senate effectively make the Rep senators the judges.

Although I take your point. Chief Justice Roberts would be the judge if this were a real trial, but he has no control over the proceedings, because the Senate majority makes the rules (i.e., will there be witnesses, will charges be dismissed, etc...). The Senate majority is the judge and half the jury in this bizarre instance.

[Mr.Bill]

14. To be clear,

"Senate majority" does not necessarily mean the majority party in the Senate. Just a majority of Senators present. Moscow Mitch will have to keep his herd together. A few defections or even absentees could change things. Probably won't happen, but it's possible.

[Eliot Rosewater]

4. RBG knows what we know, we are very close to the end if this shit isnt stopped

[gratuitous]

5. Speaker Pelosi? I have an idea about who to name as one of the managers of the impeachment trial

By her very presence this person I have in mind might just keep the Chief Justice in line as he presides over the trial.

[RT Atlanta]

7. this is brilliant!

Can it be done?

[Caliman73]

8. Bottom line is that the Senators ALL take an oath during the Senate trial.

Here is the oath:

"I solemnly swear [or affirm, as the case may be] that in all things appertaining to the trial of the impeachment of [the person being impeached], now pending, I will do impartial justice according to the Constitution and laws: So help me God."

By saying things like "My position will be no different than the White House's" McConnell has violated that oath before the trial has even started. Perhaps in his unethical and sleazy manner he is thinking that since he has not yet taken the oath, he can show this partisanship but still, if you have already said how you plan to act, how can you take it back?

He should be highly scrutinized and recused if possible as should Graham and Rand Paul as each of the 3 have made similar statements.

[erlewyne]

16. Was McConnell under oath when he said that?

He talks tough but he won't say that under oath. He is convincing
his fellows to stick their necks out and do the dirty work. It is a
bully tactic.

[Sanity Claws]

9. They identified her as Ms Ginsburg

She should have been identified as Justice Ginsburg. It is kind of insulting.

[LisaM]

18. They identified her as a Justice in their first reference.

After that, it's perfectly respectful to go to using "Mrs." for the rest of the piece. (Same thing with the President, VP, whatever - use their title the first time, then it's fine to say Mr., Ms., Mrs., or whichever the person prefers).

[kentuck]

10. RBG is right on target!

[world wide wally]

11. I hope Mitch and Lindsey take this personally

[crickets]

12. She is a treasure. K&R

[dweller]

13. can't wait to see Hair Twitler's response to this ...

😑

✌🏼

[smirkymonkey]

15. +1000

[The Wielding Truth]

17. Blatant biased jurors should be rejected from the vote and the proceedings.

[cate94]

19. If the judge is impartial he will excuse them.

Roberts at least appears to have integrity, if so, he will force McConnell and Graham to recuse themselves. Jurors who already side with the accused prior to evidentiary hearing, should not be allowed in any court.

[The Wielding Truth]

20. Yes. It invalidates the proceedings to have a bias jury.

[Caliman73]

25. The justice is not the judge in the Senate Trial.

The justice is the not the judge but "the Chair". The Chair is mostly there to advise on procedural and legal issues (I.E. motions and objections. I am not sure if the Chair has the ability to excuse Senators for participating in the trial.

The Senators are considered "triers of fact and law" which is more than a juror. Sort of like jury and judge in one.

I agree however, that McConnell and Graham have shown themselves averse to following the oath during impeachment that they "do impartial justice based on the law and constitution".

[MFGsunny]

26. + 1000 n/t

[cate94]

28. Yes, I misspoke.

He presides over the impeachment. Yet, I still maintain he has the authority to require both to recuse themselves.

[2naSalit]

21. Thank you, RBG!!!

I've been saying that for weeks. Couldn't agree more.

[ancianita]

22. Just in case Chief John Roberts might "forget" the constitutionality of Senators' words and deeds.

Once they take that oath, they either drop their previous beliefs and statements, or break their oath.

[DENVERPOPS]

23. Just in:

The Denver Post has issued a statement that Trump should be impeached and convicted for his actions.

Newspapers across the nation are coming to the same conclusion and printing the same thing......

Maybe this is just what the repubs want. Impeach Trump, install Pence and their choice of VP, and run Pence in the next two elections and the Republican party goes right on it's merry way continuing their destruction of America in the shadows, just like they have been doing behind trumps antics that get all the media's attention.

[hughee99]

27. Why should senators be expected to be impartial? Nt