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StarfishSaver

(18,486 posts)

33. The Chief Justice is required to preside over the impeachment trial of a sitting president

Mon Jan 25, 2021, 10:25 PM

Jan 2021

But he is not prohibited from presiding over the trial of anyone else. If he is asked and he agrees, there is no reason he couldn't preside over the impeachment trial of a former president.

In this instance, according to Chuck Schumer, Roberts was asked to preside and declined.

All good.

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I am concerned about CJ Roberts not presiding over the impeachment trial. [View all] TomSlick Jan 2021 OP

Precedent. No Excutive Official impeached after leaving office has had a Chief Justice officiate. hlthe2b Jan 2021 #1

Except in three previous impeachments, no Chief Justice presided over ANY impeachment trial StarfishSaver Jan 2021 #4

I just said that. hlthe2b Jan 2021 #6

No, that's NOT what you said StarfishSaver Jan 2021 #9

The two are mutually exclusive. If you only think through. hlthe2b Jan 2021 #14

So, I didn't repeat what you said, after all StarfishSaver Jan 2021 #25

Do you expectdump to be subpoenad to testify? SheltieLover Jan 2021 #7

Yes. StarfishSaver Jan 2021 #11

Oh, Karma... SheltieLover Jan 2021 #15

Can they lock him up for refusing? SheltieLover Jan 2021 #16

No. StarfishSaver Jan 2021 #19

Goddammit! SheltieLover Jan 2021 #23

That's not the reason StarfishSaver Jan 2021 #26

Ty! SheltieLover Jan 2021 #27

No. Essentially, he's a coward. Laelth Jan 2021 #21

Let's hope his need for attention takes over SheltieLover Jan 2021 #24

Chief Justice only presides over the impeachment trial of the president EarlG Jan 2021 #2

I understand the argument. The problem is there is no precedent - either way. TomSlick Jan 2021 #10

Schumer just said the Senate asked Roberts to preside and he declined. StarfishSaver Jan 2021 #28

The Chief Justice is required to preside if it's the president being tried StarfishSaver Jan 2021 #31

Fair enough EarlG Jan 2021 #36

I have no concerns. It is 100% the correct decision. I hope the Senate didn't ask him. servermsh Jan 2021 #3

See post 10 above. TomSlick Jan 2021 #13

The Chief Justice is required to preside over the impeachment trial of a sitting president StarfishSaver Jan 2021 #33

I'm not- Leahy is less likely to put up with GOP shenanigans. Nt Fiendish Thingy Jan 2021 #5

Under the Senate rules the Chief Justice presides only over trials of presidents. The Velveteen Ocelot Jan 2021 #8

See post 10 above. TomSlick Jan 2021 #12

"When the President of the United States is *tried* the Chief Justice shall preside...." The Velveteen Ocelot Jan 2021 #18

That's a good point. TomSlick Jan 2021 #20

Federalist Papers 65 and 66 (both by Hamilton) deal with impeachment. TomSlick Jan 2021 #34

What matters is what the Constitution says, not what Hamilton was thinking. The Velveteen Ocelot Jan 2021 #35

Sure. But SCOTUS often looks to the Federalist Papers in parsing the Constitution. TomSlick Jan 2021 #37

But if he was impeached while President... Tommy_Carcetti Jan 2021 #22

That's not what the constitution says. The Velveteen Ocelot Jan 2021 #29

"I am uncertain of that argument." - I'm pretty certain Trump isn't President. n/t PoliticAverse Jan 2021 #17

Schumer just told Rachel Maddow that Roberts did not want to preside. nt spooky3 Jan 2021 #30

I saw that and it helps. TomSlick Jan 2021 #32