Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Yo_Mama_Been_Loggin

(108,036 posts)
Mon Jan 25, 2021, 09:09 PM Jan 2021

Fact Check: Did Chief Justice Roberts Refuse to Preside Over Trump's Impeachment Trial?

On Monday, Newsweek reported that Patrick Leahy (D- Vt.), the Senate President pro tempore, will preside.

-snip-

Senator John Cornyn (R-Texas) called the Senate pro tempore presiding "unprecedented," asking how a juror can also be the presiding judge.

The Facts

Article 1, Section 3, Clause 6 of the United States Constitution states: "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."

The Constitution requires the involvement of the chief justice only when the president is on trial. Since Trump no longer is president, there is no requirement for the chief justice to be involved.

In 2010, when former federal Judge Thomas Porteous was impeached, Senate President Pro Tempore Daniel Inouye presided over the trial.

https://www.msn.com/en-us/news/politics/fact-check-did-chief-justice-roberts-refuse-to-preside-over-trumps-impeachment-trial/ar-BB1d5hIA?li=BBnb7Kz

8 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Fact Check: Did Chief Justice Roberts Refuse to Preside Over Trump's Impeachment Trial? (Original Post) Yo_Mama_Been_Loggin Jan 2021 OP
Cornyn ought to read the freakin manual C_U_L8R Jan 2021 #1
Now I would question whether people likely to be charged in the same crime should be jurors. catrose Jan 2021 #2
excellent question Grasswire2 Jan 2021 #3
No. Pursuant to the Senate rules the Chief Justice presides over trials of presidents. The Velveteen Ocelot Jan 2021 #4
That's very close to hair-splitting; I'll take it... Volaris Jan 2021 #8
he barely presided over the first trial. barbtries Jan 2021 #5
Trump is now A president. . .NOT The President. . . DinahMoeHum Jan 2021 #6
These guys can't keep their story straight. Raven123 Jan 2021 #7

The Velveteen Ocelot

(115,748 posts)
4. No. Pursuant to the Senate rules the Chief Justice presides over trials of presidents.
Mon Jan 25, 2021, 09:16 PM
Jan 2021

Otherwise it's the senate's presiding officer, which in this case is the president pro tem. Since Trump is not the president any more, the Chief Justice would not preside.

Volaris

(10,272 posts)
8. That's very close to hair-splitting; I'll take it...
Mon Jan 25, 2021, 09:51 PM
Jan 2021

...but have to wonder if Roberts isnt toasting his own good fortune tonight at NOT having to ringmaster what I guarantee you will end up being one hell of a circus if the Team TreasonWeasel caucus has its way..

barbtries

(28,799 posts)
5. he barely presided over the first trial.
Mon Jan 25, 2021, 09:18 PM
Jan 2021

it was a farce from him and republicans. total traitors to their oaths.

Raven123

(4,851 posts)
7. These guys can't keep their story straight.
Mon Jan 25, 2021, 09:28 PM
Jan 2021

First they say Trump isn’t President, so trial is irrelevant, now Chief Justice should preside over trial of “President Trump.”

Latest Discussions»General Discussion»Fact Check: Did Chief Jus...