JANUARY 26, 2021 BY SCOTT JOHNSON  POWERLINE

RAND RULES

Chief Justice John Roberts will not preside over the Senate impeachment trial of President Trump: the text of the Constitution only requires the Chief Justice to preside over the trial of “the President.” The text of the Constitution only requires the Chief Justice to preside over a Senate impeachment trial of “the President.” Trump is no longer “the President.” Roberts’s presence is therefore not called for.

Will private citizen Trump be the first private citizen to be convicted and removed from the office he no longer holds? This raises the constitutional question related to Roberts’s decision to pursue other interests during the Senate trial. I briefly reviewed the constitutional argument over the weekend in “Roberts rules.”  read more at Powerline (used with permission)

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