, 8 tweets, 3 min read
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1• “Chief Justice Roberts will almost certainly try to keep a low profile..but given the lack of a bipartisan agreement in the Senate, he may...be called upon to weigh in on [impasses] including whether witnesses will testify.”
2• “McConnell said he has enough GOP votes to approve rules that would put off any decision about witnesses until after the trial is underway, something Democrats oppose. If that happens, expect Democrats to turn to long-standing Senate impeachment rules that…
3• ..give the chief justice authority to decide, at least in the first instance, questions ‘with respect to the admission of evidence.’ Among other things, House managers are likely to ask Roberts to require testimony from former national security advisor John Bolton...
4• “But there’s an important caveat. The chief justice’s ‘ruling shall stand as the judgment of the Senate’ the rules say, unless a senator asks for a vote to overturn his decision...any senator can demand that any of the chief justice’s rulings be put to a floor vote…
5• “and a simple majority can overrule that decision. For that reason, the chief justice lacks the most basic power of other judges, because his rulings effectively can be overturned by the jury.The rules give the chief justice a way to avoid such an embarrassing rebuff.
6• Rather than decide a contentious matter when asked, the presiding officer can essentially punt. The same rule [says] the presiding officer ‘may at his option, in the first instance, submit any such question to a vote’ of the Senate.”
Senate Rules➔ senate.gov/artandhistory/…
7• Dershowitz & Ken Starr will 1st challenge the House’s impeachment process as being unconstitutional. Anticipating this, the House put together an extensive legal foundation which you can read here:
55 page pdf file➔ judiciary.house.gov/sites/democrat…
8• “House managers seek to present new information..since the articles..were passed in the House. Under these rules, it would be up to” Trump’s “counsel to object to evidence presented or testimony sought...It would then be up to..Roberts to decide.."
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