General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsFact 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.
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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
C_U_L8R
(45,003 posts)catrose
(5,068 posts)Grasswire2
(13,571 posts)Please frame that as an OP. nt
The Velveteen Ocelot
(115,748 posts)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)...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)it was a farce from him and republicans. total traitors to their oaths.
DinahMoeHum
(21,795 posts)So Roberts is not obliged to preside over his trial.
Raven123
(4,851 posts)First they say Trump isnt President, so trial is irrelevant, now Chief Justice should preside over trial of President Trump.