Chief Justice John Roberts Will Not Preside Over Upcoming "Unconstitutional" Impeachment Trial Against Trump
Keneci Channel
The US senate may not ask the Supreme Court Chief Justice to preside over the upcoming second impeachment proceeding against President Trump.
The president pro tempore of the Senate Patrick Leahy(D-VT) is expected to preside over the proceeding, excusing Chief Justice Robert from having to oversee an impeachment which many scholars have said is unconstitutional.
"When presiding over an impeachment trial, the president pro tempore takes an additional special oath to do impartial justice according to the Constitution and the laws," Leahy said in a statement Monday. "It is an oath that I take extraordinarily seriously."
The job of Senate president pro tempore goes to the most senior member of the majority party.
The chief justice of the United States is constitutionally required to oversee impeachment trials only of sitting presidents. Critics charge that Democrat lawmakers are going ahead with an illegitimate and hyperpartisan process just to punish Trump.
House impeachment managers will deliver the impeachment articles to the Senate at 7 p.m. Monday night, officially triggering the start of the trial. But the trial on the senate floor will not start until February 9.
A deal reached between Senate Majority Leader Chuck Schumer(D-NY) and Minority Leader Mitch McConnellR-KY), will give both the impeachment managers and Trump's legal team the opportunity to submit what are essentially pre-trial briefs.
Seventeen Republican senators will need to join all 50 Democrat senators for a conviction to pass. It is expected that Trump will not be convicted as many Republicans are pushing to block the proceeding entirely.
Republican senators including Ted Cruz(R-TX) are reportedly pressuring McConnell to support a plan to take the case to the Supreme Court.
Overwhelming majority of Republican voters believe the 2020 presidential election result is illegitimate, and they still overwhelmingly support Trump.