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Can Justice Roberts make Moscow Mitch recuse himself? eom (Original Post) MoonRiver Dec 2019 OP
No. He can't. MineralMan Dec 2019 #1
Who would be better ? No GOP will go against Trump. Demsrule86 Dec 2019 #2
Isn't the Senate in charge of this? And Mitch is the leader of the senate. I'd say Roberts has no dem4decades Dec 2019 #3
hmm.... bdamomma Dec 2019 #4
I understand the Senate will write rules California_Republic Dec 2019 #5
No. The role of the Chief Justice in an impeachment trial is pretty limited. The Velveteen Ocelot Dec 2019 #6
I think we should go low this time when rethugs go high (which they won't) Bayard Dec 2019 #7
At best, he could refuse to preside over a sham trial. maxsolomon Dec 2019 #8

MineralMan

(146,344 posts)
1. No. He can't.
Thu Dec 19, 2019, 11:15 AM
Dec 2019

His role is to "preside" at the Senate trial. Historically, that has been pretty much of a passive role, although it is not described in any detail in the Constitution.

As a co-equal branch of government, the Supreme Court (or its Chief Justice) can't make the Majority Leader of the Senate recuse himself in an impeachment trial. The Senate makes its own rules.

On the other hand, I don't see how Moscow Mitch can declare the oath all Senators will take before the trial. I'm sure he will, but he will make himself a liar as he does so.

dem4decades

(11,315 posts)
3. Isn't the Senate in charge of this? And Mitch is the leader of the senate. I'd say Roberts has no
Thu Dec 19, 2019, 11:16 AM
Dec 2019

power.

The Velveteen Ocelot

(115,932 posts)
6. No. The role of the Chief Justice in an impeachment trial is pretty limited.
Thu Dec 19, 2019, 11:26 AM
Dec 2019

His job as Presiding Officer is mainly as a referee - to ensure that the Senators follow their own rules. And the Senate can change the rules by a majority vote and can also vote to overrule a decision of the Presiding Officer.

Bayard

(22,199 posts)
7. I think we should go low this time when rethugs go high (which they won't)
Thu Dec 19, 2019, 01:21 PM
Dec 2019

So, its going to be mud wrestling. I know some Dems will be disappointed, but its time to get on our own bombastic soapbox. We have to hit them with everything we've got. They won't be expecting it.

maxsolomon

(33,444 posts)
8. At best, he could refuse to preside over a sham trial.
Thu Dec 19, 2019, 01:26 PM
Dec 2019

Maybe he has some leverage that way.

Probably, he won't even try.

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