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re: Leahy, not Roberts, to preside over impeachment trial
Posted on 1/25/21 at 8:11 pm to Scream4LSU
Posted on 1/25/21 at 8:11 pm to Scream4LSU
quote:
When the President of the United States is tried, the Chief Justice shall preside"
Well he isn't the president.
Exactly. We should then look to what it provides when the defendant is a former President. Surely it's covered because it's not like it's some farfetched, alien concept.
Posted on 1/25/21 at 9:36 pm to davyjones
quote:It IS addressed.
We should then look to what it provides when the defendant is a former President. Surely it's covered because it's not like it's some farfetched, alien concept.
Anyone subject to trial on articles of impeachment who IS the sitting President at the time of his trial ... gets the CJSCOTUS as presiding officer.
Anyone who is NOT the sitting POTUS at the time of trial ... doesn’t.
Again, all this presupposes that a former POTUS can be so-tried. Again, THAT is an open Constitutional question.
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