Senator Patrick J. Leahy, the Senate president pro tempore, is expected to preside over former President Donald J. Trump’s impeachment trial when it formally begins on Tuesday, assuming a role filled last year by Chief Justice John G. Roberts Jr., aides and other officials said on Monday.
The Constitution states that the chief justice of the United States presides over any impeachment trial of the president or vice president. But it does not explicitly give guidance on who should oversee the proceeding for others, including former presidents, and it appeared that Chief Justice Roberts was uninterested in reprising a time consuming role that would insert him and the Supreme Court directly into the fractious political fight over Mr. Trump.
Mr. Leahy, a Vermont Democrat, recently reclaimed the mantle of president pro tempore — the position reserved for the longest-serving member of the majority party — when Democrats took control of the Senate. Mr. Leahy, 80, has been in office since 1974.
I've been sufficiently news-lite that though I'd caught news of Senator Leahy (D-VT) being hospitalised, and a brief mention that he was "presiding" over the impeachment, I'd missed the fact SCOTUS CJ Roberts has refused to preside as mandated by the Constitution.
That itself is unprecedented.
And could well throw a wrench into the works, though there is no appeal for impeachment either: "The Senate shall have the sole power to try all impeachments", so if the SCOTUS CJ refuses to serve the role mandated by his office, the SCOTUS itself cannot hear appeal on procedural, or any other, grounds.
Justice Roberts has declined comment, and I'm unaware of any statement, though the Times links a 2020 article at the conclusion of the first impeachment of the recently unelected President.
Given the current state of the seditious GOP, I anticipate shenanigans regardless.
And given today's symbolic vote with 45 of 50 GOP Senators opposing the impeachment, the needed 17 loyeal constitutionalists appear to be lacking.
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