1. We assume the the Senate rules are constitutional because the courts generally defer to the legislature and consider issues of internal governance as 'non-justiciable.' But the trial of a @POTUS adds another branch. Can the legislature simply negate judicial power?
2. judiciary in the presidential impeachment process?
Art. I, 3.
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside.
Art. I, 3.
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside.
3. "Preside" does not mean act as a figure head in a show trial. We could file in #SCOTUS for a ruling or at trial tee-up a ruling by Roberts on the constitutionality of the 1986 Senate Impeachment Rules. @SpeakerPelosi @LeaderHoyer @RepJeffries @RepJerryNadler @RepAdamSchiff
4. I'd be happy leave it to John Roberts. That's who the Framers said gets to call the balls and strikes. Not #MoscowMitch. The Managers can argue the motion. Let Trump and the @SenateGOP defend it. Even if we lose it will look like a @senatemajldr cover up.
