General Discussion

myohmy2

(3,175 posts) Wed Dec 18, 2019, 08:51 AM Dec 2019

Where's Chief Justice Roberts?

...I'll admit, all I know about government is from my high school civics class many years ago...

...but wouldn't the Senate be Chief Justice Roberts court?

...wouldn't he be the presiding judge?

...doesn't he have a say in the rules and how his court will be run?

...what does the Constitution lay out for Chief Justice Roberts role in an impeachment trial?

...where is Chief Justice Roberts in all of this?

...with the pukes or the Constitution?...

5 replies

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Where's Chief Justice Roberts? (Original Post) myohmy2 Dec 2019 OP

It will be interesting to see what Chief Justice Roberts does Mike 03 Dec 2019 #1

It isn't hard to believe that Roberts would allow a vote on dismissal FBaggins Dec 2019 #3

He'll preside over the Senate trial, but won't likely be consequential in it Dennis Donovan Dec 2019 #2

McConnel tactic is to stop any trial. IF the impeachment goes to trial, its not like beachbumbob Dec 2019 #4

Roberts will preside under whatever rules are set by the Senate Recursion Dec 2019 #5

Mike 03

(16,616 posts)

1. It will be interesting to see what Chief Justice Roberts does

Reply to myohmy2 (Original post)

Wed Dec 18, 2019, 08:57 AM

Dec 2019

The Senate majority decides the rules, which dramatically reduces the Chief Justice's control and authority. The Republican senators will decide whether or not there are witnesses, documents, a prosecution and defense. It could be just opening statements. They could even decide to vote to dismiss charges or proceed directly to acquittal. That would make it a sham and it's very hard to believe Roberts would participate in this, given his reputation for caring deeply about the reputation, credibility and integrity of the SC. He also, according to the book "The Most Dangerous Branch", has a sizeable ego and frets over his legacy.

For those reason I have doubts he will go along with this.

FBaggins

(26,757 posts)

3. It isn't hard to believe that Roberts would allow a vote on dismissal

Reply to Mike 03 (Reply #1)

Wed Dec 18, 2019, 09:09 AM

Dec 2019

A motion to dismiss is quite common in a regular trial and such a motion was made (and voted on) in the Clinton impeachment. There isn't any reason to believe that Roberts would handle things differently.

What would make it a "sham" would be if such a motion were to pass... but that's on the Senate majority, not Roberts.

Dennis Donovan

(18,770 posts)

2. He'll preside over the Senate trial, but won't likely be consequential in it

Reply to myohmy2 (Original post)

Wed Dec 18, 2019, 08:58 AM

Dec 2019

Rehnquist (who presided over the Clinton impeachment trial) was quoted as saying "I did nothing in particular, and did it very well."

https://www.cnn.com/2019/09/29/politics/william-rehnquist-impeachment-trial-senate/index.html

<snip>

Rehnquist, who died in 2005 and was succeeded by Roberts, was an amateur historian who in 1992 had written a book about impeachment. He understood the weight of the moment but also that the leading players in it were senators. He saw his role as largely ministerial and relied heavily on a Senate parliamentarian.

"On several occasions when asked what I did at the trial," Rehnquist wrote to a man in Carson City, Nevada, "I took a leaf out of [the Gilbert and Sullivan comic opera] Iolanthe and replied, 'I did nothing in particular, and did it very well.'" The gold stripes that Rehnquist had affixed to his robe years earlier also had been inspired by a character in Iolanthe.

</snip>

beachbumbob

(9,263 posts)

4. McConnel tactic is to stop any trial. IF the impeachment goes to trial, its not like

Reply to myohmy2 (Original post)

Wed Dec 18, 2019, 09:14 AM

Dec 2019

a "normal" civil or criminal trial as the Senate lays down the "rules", not the judge and the law.

Recursion

(56,582 posts)

5. Roberts will preside under whatever rules are set by the Senate

Reply to myohmy2 (Original post)

Wed Dec 18, 2019, 09:16 AM

Dec 2019

Roberts is doing his job right now, which is to say keeping his mouth shut.

Now, the interesting question will be what Roberts will do when he presides, at which point he will be in fact President of the Senate. Roberts has surprised us a few times before.

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