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Title: John Robertsí refusal to sit for Trump impeachment sparks constitutional concerns
Source: [None]
URL Source: https://nypost.com/2021/01/27/john- ... achment-trial-sparks-concerns/
Published: Jan 28, 2021
Author: Emily Jacobs
Post Date: 2021-01-28 09:00:11 by Ada
Keywords: None
Views: 63
Comments: 7

Chief Justice John Roberts’ refusal to preside over former President Donald Trump’s second impeachment trial is raising questions about whether he views the first-of-its-kind proceedings as constitutional.

The Supreme Court has been declining to comment when reached by The Post, as well as other outlets, on why its top jurist will not take part in the historic trial.

Speaking to MSNBC’s “The Rachel Maddow Show” on Monday evening, Senate Majority Leader Chuck Schumer (D-NY) revealed that Roberts “did not want” to take part in the trial.

“The Constitution says the chief justice presides for a sitting president,” the top-ranking senator said. “So it was up to John Roberts whether he wanted to preside with a president who is no longer sitting, Trump, and he doesn’t want to do it.”

Roberts has not offered any comment on his role in a second impeachment trial since the House of Representatives voted in favor of taking the matter to trial in the Senate earlier this month.

That silence has been noted by those opposed to impeaching a former president.

Presiding officer Chief Justice of the United States John Roberts reads a question during the impeachment trial against President Donald Trump. Chief Justice of the United States John Roberts has not yet commented on his role in Donald Trump’s second impeachment trial. AP Sen. Rand Paul (R-Ky.), who has been vocal in his opposition to the second impeachment, used Roberts’ planned absence from the trial as a point in favor of dropping the trial.

“The Constitution says two things about impeachment — it is a tool to remove the officeholder, and it must be presided over by the Chief Justice of the Supreme Court,” the Kentucky senator wrote in an op-ed Sunday for The Hill.

“Neither one of those things will happen. President Trump is gone, and Justice John Roberts, properly noticing the absence of an officeholder being impeached, is declining to preside,” he continued. “That settles it for me.”

Speaking earlier this week on the matter, Paul referenced Roberts again, saying, “If the chief justice doesn’t preside, I think it’s an illegitimate hearing and really goes to show that it’s not really constitutional to impeach someone who’s not president.”

Roberts’ role in the trial will be filled by Senate president pro tempore Patrick Leahy (D-Vt.), who voted to convict Trump during his first impeachment trial.

Leahy, the longest-serving Democrat in the Senate, pledged, however, to take his trial oath “extraordinarily seriously.”

“When I preside over the impeachment trial of former President Donald Trump, I will not waver from my constitutional and sworn obligations to administer the trial with fairness, in accordance with the Constitution and the laws,” he said in a statement when he revealed that he would sit in for Roberts.

Paul was not the only GOP senator to speak up over Roberts’ absence — or comment on Leahy serving as his replacement.

Chief Justice John Roberts leads the US Supreme Court Justices as they arrive in the Crypt of the US Capitol for President-elect Joe Biden's inauguration. Chief Justice John Roberts leads the US Supreme Court justices as they arrive in the Crypt of the US Capitol for President-elect Joe Biden’s inauguration. Jim Lo Scalzo/Pool Photo via AP Sen. John Cornyn (R-Texas), a member of GOP leadership, remarked Monday, “The Constitution requires that the chief justice preside over the impeachment trial of a president, but that’s not what we’re doing. To me, that’s indicative of the fact that we’re in uncharted waters.

“I just think it looks very petty and vindictive,” he added. “I understand there are a lot of people who are mad, but the process itself already looks like a railroad job.”

Sen. Josh Hawley (R-Mo.) echoed Cornyn’s concerns, saying, “There’s only one constitutional process for impeachment and it is of the president, not a president. It requires the chief justice to preside.”

Even Sen. Elizabeth Warren (D-Mass.) voiced objection to Roberts sitting out the trial last week amid concerns that he would do so.

“That is his constitutional duty. I can’t imagine why a Supreme Court justice would not do his duty,” the liberal pol said.

Sen. Richard Blumenthal (D-Conn.), who serves on the Senate Judiciary Committee, which plays a critical role in the impeachment process, also hoped Roberts would attend.

“I think he should because it will be a straightforward, simple trial. I would think that the chief justice lends the dignity and seriousness it requires,” he said, noting that he was “not required by law to do it.”

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#1. To: Ada (#0)

Patrick Leahy voted to impeach Trump, so he should not be allowed to chair anything or oversee anything because he has already shown his bias. The Supreme Court is supposed to be non- or Apolitical and not be taking sides. The fact that this farce is continuing should show the people of this country the vile and vengeful nature of every traitorous democrat. Donald Trump did nothing to harm this country and those people who supposedly led an “insurrection” were paid leftists who are currently finding out just how much that paycheck they got is worth.

There is nothing real about who rules you, and there is nothing honest about their intentions. We know exactly who runs and rules this country and it is far past time to put an end to these lies and get rid of the corruption. Our government is corrupt to its core, and is a cancer on the nation. We must get rid of all of these traitors who have sat in office all this time enriching themselves and bleeding this country white of its prosperity and liberty.

"Call Me Ishmael" -Ishmael, A character from the book "Moby Dick" 1851. "Call Me Fishmeal" -Osama Bin Laden, A character created by the CIA, and the world's Hide And Seek Champion 2001-2011. -Tommythemadartist

TommyTheMadArtist  posted on  2021-01-28   10:22:44 ET  Reply   Trace   Private Reply  


#2. To: TommyTheMadArtist (#1)

Thanks for re-joining us here with your anecdotes and insights.

“The most dangerous man to any government is the man who is able to think things out... without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane, intolerable.” ~ H. L. Mencken

Lod  posted on  2021-01-28   11:02:53 ET  Reply   Trace   Private Reply  


#3. To: Ada (#0)

Roberts doesn't want anything to spoil his fake 'conservative' legacy, and like all 'elites' prolly believes the nonsense that the peasants are coming to get them.

The spoilt children running things have an instant, e-z, law-free solution -- bop one of their own onto the bench in his place.

_____________________________________________________________

USA! USA! USA! Bringing you democracy, or else! there were strains of VD that were incurable, and they were first found in the Philippines and then transmitted to the Korean working girls via US military. The 'incurables' we were told were first taken back to a military hospital in the Philippines to quietly die. – 4um

NeoconsNailed  posted on  2021-01-28   11:26:31 ET  Reply   Trace   Private Reply  


#4. To: NeoconsNailed (#3)

Whoever owns Roberts doesn't want the trial.

Ada  posted on  2021-01-28   13:24:54 ET  Reply   Trace   Private Reply  


#5. To: Ada (#0)

"When I preside over the impeachment trial of former President Donald Trump, I will not waver from my constitutional and sworn obligations to administer the trial with fairness, in accordance with the Constitution and the laws,”

Blowhard Leahy is going to serve as a judge in a trial of a man he despises? That's feckin' rich, wonder if he has never heard that no man may be a judge in his own cause. That is a long standing and honored adage of common law. To allow a charlatan like Leahy sit in on judgment against Trump cannot be countenanced whether you like Trump or hate him.

Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends. Paul Craig Roberts

"When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that glorifies it." Frederic Bastiat

James Deffenbach  posted on  2021-01-29   1:47:30 ET  Reply   Trace   Private Reply  


#6. To: James Deffenbach (#5)

Now there's a Roberts we can believe in.

en.wikipedia.or g/wiki/Paul_Craig_Roberts

_____________________________________________________________

USA! USA! USA! Bringing you democracy, or else! there were strains of VD that were incurable, and they were first found in the Philippines and then transmitted to the Korean working girls via US military. The 'incurables' we were told were first taken back to a military hospital in the Philippines to quietly die. – 4um

NeoconsNailed  posted on  2021-01-29   2:01:29 ET  Reply   Trace   Private Reply  


#7. To: Ada (#0)

Chief Justice John Roberts’ refusal to preside over former President Donald Trump’s second impeachment trial is raising questions about whether he views the first-of-its-kind proceedings as constitutional.

I think Roberts has a point.

Impeachment is a tool for removing someone from office.

When Nixon realized he was going to be impeached over Watergate, he resigned first in order to keep his retirement pay.

Impeaching someone after he has left office seems like putting the cart before the horse. ;)

"When bad men combine, the good must associate; else they will fall, one by one." Edmund Burke

BTP Holdings  posted on  2021-01-29   7:53:10 ET  Reply   Trace   Private Reply  


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