Here you had the opportunity to back up what you say but you declined after telling us you would in the future back up your statements. I guess it was just to much trouble for you.
"The" President is not on trial. The "former" President is on trial and to my knowledge, the SC has never ruled on the Constitutionality of trying a former President. While former public officials have been tried out of office, the SC has never said it was either constitutional or un-constitutional and isn't prone to such declarations without a full court hearing brought by a party with standing.
I can't imagine that Republicans wouldn't bring a legal action to find out.
Obviously Roberts is saying the Constitution does not oblige him to preside because "the" President isn't being tried. Hard to imagine that our SC wouldn't settle this matter once and for all.
But it's merely another show trial that will end in acquittal. The only question is, will any Democrat vote to acquit? Romney will almost certainly vote to convict but will any Republican join him? My guess would be 4 or 5 at the most but certainly not 17.
Republicans don't even have to argue his guilt. They will argue the Constitutionality of trying a former President and that will be an interesting legal debate.
Originally Posted by HedonistForever
the esoteric problem is:
if he is the president the chief justice shall preside
if he is not the president there is no provision granting the senate the power to try him
so if the chief justice can withdraw how can the senate try him?
the dims cant have it both ways
the house sending over impeachment documents doesn't negate the issue, but only highlights the conflicts and places them squarely at the supreme court's doorstep