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re: Leahy, not Roberts, to preside over impeachment trial

Posted on 1/25/21 at 5:13 pm to
Posted by bogeypro
North Alabama
Member since Sep 2012
4052 posts
Posted on 1/25/21 at 5:13 pm to
Roberts is compromised.
Posted by Crimson1st
Birmingham, AL
Member since Nov 2010
20254 posts
Posted on 1/25/21 at 5:13 pm to
quote:

So they aren’t following proper procedure and the whole thing should be tossed.



See my post above...this is a damned sham and an affront to the Constitution! At some point, I guess the USSC is the only governing body left for this, needs to step forward and tell the Congressional Dems NO MORE!

Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 1/25/21 at 5:40 pm to
quote:

if he was the president when impeached, Robert’s MUST preside over it. And he has refused.

So they aren’t following proper procedure and the whole thing should be tossed.
No. set aside preconceptions and read the words. Look at the tenses. He WAS President when impeached by the House. Procedurally (only), no problem there. He will no longer be President when tried by the Senate. Roberts need not preside. No procedural problem there.

The only question is whether the trial may proceed after the accused leaves office. As to a former POTUS, that IS an open question, but analogous precedent from the 1800s suggests that the answer is “yes.”
Posted by Revelator
Member since Nov 2008
58173 posts
Posted on 1/25/21 at 5:54 pm to
quote:

Leahy, not Roberts, to preside over impeachment trial


Was James Comey not available?
Posted by SEC. 593
Chicago
Member since Aug 2012
4047 posts
Posted on 1/25/21 at 6:00 pm to
He is not the current President, it doesn't say the Presidential office or former President.
Posted by oldskule
Down South
Member since Mar 2016
15476 posts
Posted on 1/25/21 at 6:15 pm to
Fairness is no longer available!
Posted by SEC. 593
Chicago
Member since Aug 2012
4047 posts
Posted on 1/25/21 at 7:28 pm to
quote:

As to a former POTUS, that IS an open question, but analogous precedent from the 1800s suggests that the answer is “yes.”


I think that hinges on the two available "sentences" that they can hand down. The first being removal from office, and the 2nd barring future office. It's that 2nd possibility that would lead me to think a conviction, if it were to occur, would be upheld.
Posted by the808bass
The Lou
Member since Oct 2012
111597 posts
Posted on 1/25/21 at 7:29 pm to
Bubbles the Chimp wasn’t available.
Posted by the808bass
The Lou
Member since Oct 2012
111597 posts
Posted on 1/25/21 at 7:32 pm to
Lawyers jack off about these arguments. And that’s why the arguments are stupid.

Sophistry writ large.
Or in other words, lawyering.
Posted by Undertow
Member since Sep 2016
7336 posts
Posted on 1/25/21 at 7:35 pm to
If the Democrats act like this out in the open, imagine what they say behind closed doors.
Posted by dafif
Member since Jan 2019
5620 posts
Posted on 1/25/21 at 7:36 pm to
quote:

AggieHank86


You might be dumber than I thought
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
36231 posts
Posted on 1/25/21 at 7:37 pm to
quote:

Much like filing a lawsuit the day before limitations expire. You still get to try the case AFTER the SoL.

But it doesn't alter who hears the case. Either this is an impeachment of a President or it isn't. If it is, Roberts must preside. If it isn't, there should be no trial altogether. To suggest that it is proper for a member of the Senate, who himself will cast a vote in the trial, to preside over that very proceeding, is absolutely insane.
Posted by the808bass
The Lou
Member since Oct 2012
111597 posts
Posted on 1/25/21 at 7:42 pm to
He is not dumber than I thought.
Posted by dafif
Member since Jan 2019
5620 posts
Posted on 1/25/21 at 7:53 pm to
Trying to explain the concept to some people is a mind altering experience
Posted by CincoTiger
Baton Rouge, LA
Member since Jun 2006
616 posts
Posted on 1/25/21 at 8:00 pm to
quote:

To suggest that it is proper for a member of the Senate, who himself will cast a vote in the trial, to preside over that very proceeding, is absolutely insane.


So if Leahy presides, does he still get to vote? Seems like a conflict there.
Posted by Scream4LSU
Member since Sep 2007
989 posts
Posted on 1/25/21 at 8:00 pm to
quote:

When the President of the United States is tried, the Chief Justice shall preside"


Well he isn't the president.
Posted by FlyingTiger1955
Member since Jan 2019
5765 posts
Posted on 1/25/21 at 8:04 pm to
That should be a fair trial. Trump shouldn't even put on a defense. This is idiotic since he's no longer President.
Posted by SSpaniel
Germantown
Member since Feb 2013
29658 posts
Posted on 1/25/21 at 8:04 pm to
quote:

The only question is whether the trial may proceed after the accused leaves office. As to a former POTUS, that IS an open question, but analogous precedent from the 1800s suggests that the answer is “yes.”

Seems like that question will eventually find it's way to Roberts, where he won't be able to duck his duty.
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
36231 posts
Posted on 1/25/21 at 8:07 pm to
quote:

Well he isn't the president.

You can't have it both ways. If he isn't the President, then he shouldn't be subject to impeachment. If this is an impeachment proceeding for acts committed while he was President, the Chief Justice should preside. In no way should a partisan Senator be allowed to preside over the trial.
Posted by davyjones
NELA
Member since Feb 2019
30259 posts
Posted on 1/25/21 at 8:11 pm to
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.
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