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Message
re: Leahy, not Roberts, to preside over impeachment trial
Posted on 1/25/21 at 12:19 pm to JudgeHolden
Posted on 1/25/21 at 12:19 pm to JudgeHolden
quote:
The Chief Justice is the only officer that can preside over a presidential impeachment.
Holden, what do you think will happen when they try and conduct this end run around of the constitution?
Posted on 1/25/21 at 12:44 pm to BoarEd
quote:
Holden, what do you think will happen when they try and conduct this end run around of the constitution?
Well . . .
Trump could seek to enjoin it on the front end. I doubt that would work. Courts would abstain on political question.
If he is acquitted, that is the end of it.
If he is convicted and barred, he will have to sue for a declaration that the proceeding was invalidly conducted.
Here is where it gets interesting. If it makes it to the Supreme Court, which it undoubtedly will, Roberts gets to sit in judgment on whether a proceeding in which Roberts refused to participate is invalid because Roberts did not preside.
Now that is going to be a con law headscratcher right there.
This post was edited on 1/25/21 at 12:48 pm
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