1. I hear folks comment about the Senate trial. I have read the rules and made a cursory review of Johnson and Clinton trial transcripts.
The Constitution says the Chief Justice presides. Senate has interpreted that to mean the Senate presides. Current Impeachment rules were
The Constitution says the Chief Justice presides. Senate has interpreted that to mean the Senate presides. Current Impeachment rules were
2. passed 98-2 in 1986. The rules were drafted IMO to be used in govt officers trials. Judges. Not POTUS. Only in a trial of POTUS does the CJ preside. So when they impeach a judge, the presiding officer is the President Pro Temp or designee. So they provided a way to vote
3. on their calls and they can make rules about their Constitutional power. But the Constitution takes the gavel from the majority for the trial of POTUS and gives it to the Chief Justice. It says nothing about the presiding judge being controlled by the Senate majority vote.
4. @SenSchumer @SpeakerPelosi remember what Lincoln said: We must disenthrall ourselves and then we shall save our country." The problem is the Senate Rules in a Presidential impeachment conflict with the Constitution's Art I, 3 text.
5. Just demand that Roberts have the gavel and rule. If @senatemajldr balks then tee it up in a motion in SCOTUS before the trial. Why wait? File it on Monday.
6. SCOTUS' Original Jurisdiction covers, ". . .all Cases affecting . . . public Ministers . . . " That's @SenateDems and @HouseDemocrats. File a motion. Make Roberts rule to take his own and successive CJ's power away. Not going to happen folks. Nope. No way. @RepJerryNadler
@SenateDems @HouseDemocrats @RepJerryNadler 7. I think to button the Original Jurisdiction issue up a State AG should sue the Senate in the #SCOTUS. Move for a preliminary injuction. @RepJerryNadler @neal_katyal @tribelaw @NewYorkStateAG @AGBecerra
