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Sen. Schumer just told Rachel that CJ Roberts did NOT WANT to preside over this impeachment, (Original Post) spooky3 Jan 2021 OP
Spineless? SheltieLover Jan 2021 #1
It's not his job anyhow per the Constitution because Trump isn't the president. The Velveteen Ocelot Jan 2021 #4
That's true. SheltieLover Jan 2021 #8
Well that is interesting. :) Understandable though. It's not for a sitting President. n/t servermsh Jan 2021 #2
He also pointed out that the constitution provides that the Chief Justice presides The Velveteen Ocelot Jan 2021 #3
I'm not a lawyer and I know you are, but does the constitution state that spooky3 Jan 2021 #9
The Senate's rules specifically provide that unless the CJ presides, the job goes to The Velveteen Ocelot Jan 2021 #10
So it would make sense that the Dems (or whoever decides) could ask the CJ spooky3 Jan 2021 #13
It would be anyone who could preside over a session normally. NYC Liberal Jan 2021 #14
thx nt spooky3 Jan 2021 #16
This message was self-deleted by its author Chin music Jan 2021 #5
He also said he has a secret plan. BigmanPigman Jan 2021 #6
He did not fold. former9thward Jan 2021 #19
Well, hey - maybe Roberts should just resign. GaYellowDawg Jan 2021 #7
That's not the situation. The Chief Justice only presides when The Velveteen Ocelot Jan 2021 #12
With all the death threats going around I could see why. mucifer Jan 2021 #11
No great loss, Roberts didn't do much of anything in the first impeachment trial Walleye Jan 2021 #15
The CJ is not supposed to "do much of anything" in an impeachment trial former9thward Jan 2021 #18
My concern that remains unanswered so far .. Jarqui Jan 2021 #17
If it does, can they ask another Justice to preside? Liberty Belle Jan 2021 #20

The Velveteen Ocelot

(115,748 posts)
3. He also pointed out that the constitution provides that the Chief Justice presides
Mon Jan 25, 2021, 10:23 PM
Jan 2021

over trials of sitting presidents. I'm quite sure Roberts doesn't want to do it even if he could, but the constitution says otherwise anyhow.

spooky3

(34,460 posts)
9. I'm not a lawyer and I know you are, but does the constitution state that
Mon Jan 25, 2021, 10:25 PM
Jan 2021

any certain individual presides over non-sitting presidents' cases? If not, then it is possible that the Dems (and possibly others) thought it would be best if CJ presided, and asked him, but he declined.

The Velveteen Ocelot

(115,748 posts)
10. The Senate's rules specifically provide that unless the CJ presides, the job goes to
Mon Jan 25, 2021, 10:30 PM
Jan 2021

the designated presiding officer, who is either the Vice President or, in the absence of the VP, the president pro tem.

spooky3

(34,460 posts)
13. So it would make sense that the Dems (or whoever decides) could ask the CJ
Mon Jan 25, 2021, 10:37 PM
Jan 2021

to preside but could also decide not to ask?

NYC Liberal

(20,136 posts)
14. It would be anyone who could preside over a session normally.
Mon Jan 25, 2021, 10:38 PM
Jan 2021

So the VP, president pro term, or any other Senator, as on any normal day.

Response to spooky3 (Original post)

GaYellowDawg

(4,447 posts)
7. Well, hey - maybe Roberts should just resign.
Mon Jan 25, 2021, 10:24 PM
Jan 2021

I think that's the ideal solution. Resign and let Biden's new Chief Justice preside. Sure, it'll delay the trial, but we should be extra considerate of his feelings.

The Velveteen Ocelot

(115,748 posts)
12. That's not the situation. The Chief Justice only presides when
Mon Jan 25, 2021, 10:33 PM
Jan 2021

a sitting president or vice president is being tried. Otherwise the task of presiding officer goes to either the Vice President or the president pro tem. Since this is an odd situation they might have considering asking the CJ, but even if he didn't want to do it, he wouldn't be necessary because he acts only because there is a potential conflict of interest if a VP is the presiding officer.

former9thward

(32,028 posts)
18. The CJ is not supposed to "do much of anything" in an impeachment trial
Mon Jan 25, 2021, 11:04 PM
Jan 2021

He rules on routine motions and that is about it. It is basically ceremonial.

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