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What Happens If John Roberts Decides Not to Preside Over Trump’s Post-Presidency Impeachment Trial?

Trying to make sense of a messy situation.

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Several Republicans and Democrats familiar with the negotiations over Donald Trump’s second impeachment trial have said that Supreme Court Chief Justice John Roberts does not want to preside.

A Politico report that broke the news reads as follows: “We’re hearing that Roberts, who for years has sought to keep the courts apolitical, was not happy he became a top target of the left during Trump’s first impeachment trial. ‘He wants no further part of this,’ one of our Hill sources says. A spokesperson for the chief justice declined to comment.”

As if it weren’t unprecedented enough for a president to have been impeached twice, Democratic lawmakers are hell-bent on holding an impeachment trial for a man who is no longer president. And it sounds like they’re going to get their wish: Senate leaders agreed Friday that the trial would begin Tuesday, February 9. It does not appear that Roberts’ decision is a factor either way.

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This clown show needs some unpacking. First off, Roberts has very good reason to reject presiding over Trump’s impeachment trial. The Constitution states that the chief justice will preside when the president is tried. Not the ex-president, the current president. That alone should be sufficient.

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Despite this, there may not be anything that expressly forbids Congress from impeaching and convicting former officials. Some legal experts have pointed out that “nothing in the text of the Constitution bars Congress from impeaching, convicting, and disqualifying former officials from holding future office.”

In light of all this, the radio silence of the Founders on this matter allows both sides to justify their support or opposition. Those in opposition say that because there’s nothing in the Constitution about trying a former president, there are no grounds to hold the trial. Those in support say that because there’s nothing in the Constitution about trying a former president, there is no legal reason to oppose the trial.

Furthermore, law professor Frank Bowman, speaking to the Washington Examiner, argued that if a trial is going to be held, it might be prudent for Roberts to preside.

“The vice president does have a personal interest in the outcome, insofar as conviction would eliminate Trump as a future political rival, either to President Biden or to Harris herself,” Bowman said. “I think the constitutionally safer call is that he should preside. That way, there can never be a later objection on the ground that the tribunal was not properly constituted.”

If Chief Justice Roberts decides to extricate himself from this mess, Democrats are said to be discussing the possibility of having Vice President Kamala Harris, who is also the president of the Senate, preside. Also being floated is president pro tempore and longest-serving senator Patrick Leahy.

Harris has a conflict of interest if she were to preside, however. And indeed that is why the Founders wanted the chief justice of a (theoretically) non-political entity of government to do so. Harris is not only of the opposite party and was on the ticket that defeated the Trump/Pence ticket, she might very well have aspirations for the presidency if Biden decides not to seek reelection. Trump himself may have his eye on the presidency once again as well, meaning that Harris would be presiding over the impeachment trial of a potential political opponent.

So if the legality of convicting an ex-president is gray, then it becomes a question of prudence. And prudence dictates that the impeachment trial should not proceed. The side that’s calling for “unity” is engaging in something fundamentally disunifying. Any attempt to convict a former president with no clear legal grounds is most definitely not a recipe for “unity” and “healing.” Our senators should just move on and worry about governing. Enough with the political shams and shenanigans.

The Swamp

BREAKING: Trump Reveals Mitch McConnell BEGGED For His Endorsement in Scathing Takedown Statement

Possibly the most brutal takedown since Jeb Bush.

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“The Republican Party can never again be respected or strong with political ‘leaders’ like Sen. Mitch McConnell at its helm.”

This was the powerful first sentence of former President Donald Trump’s most recent incredible and high energy press statement released Tuesday afternoon. The complete disavowal and humiliation of McConnell comes to no surprise after the supposedly Republican Senate Minority Leader backstabbed President Trump multiple times after the November 4th election. More recently, McConnell has been focusing on appeasing his Democratic friends and repudiating Trump time and time again, consistently referring to Trump as a “disgrace” and mocking Trump supporters as insurrectionists.

In an almost reminiscent 2016 Candidate Trump fashion, the 45th President of the United States responded to McConnell’s treachery by verbally tearing him apart, limb by limb:

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“Mitch is a dour, sullen, and unsmiling political hack, and if Republican Senators are going to stay with him, they will not win again.”

Big League Politics has previously reported on Minority Traitor McConnell quite a number of times this past week as he continues to slander Donald Trump and the Republican voter base. McConnell encouraged the unconstitutional impeachment trial of now private citizen Trump, he has betrayed his own voter base who now overwhelming disapproves of him, he denounced Trump and his supporters as “conspiracy theorists” and “criminals“, and McConnell has also recently announced that he will attempt to prevent future pro-MAGA Republican candidates from running.

Read the full statement here:

Trump has repeatedly said, even before he got involved in politics, that loyalty is one of the most important things to him. When someone is disloyal to Trump he sees it as a “great act of horror” and has also publicly stated: “I love getting even with people.”

Trump also announced in his press release that he will support candidates in a primary against McConnell and any Republican politicians that betrayed him and the MAGA movement.

Interestingly enough, Trump also asserted that McConnell “begged” for Trump’s endorsement, and Trump is the only reason McConnell had any chance at winning reelection. As Trump put it:

He went from one point down to 20 points up, and won. How quickly he forgets. Without my endorsement, McConnell would have lost, and lost badly. Now, his numbers are lower than ever before, he is destroying the Republican side of the Senate, and in so doing, seriously hurting our Country.

While 2026 (the year McConnell will be up for reelection) seems relatively far out, Donald Trump affirms he’ll be there. The lion awaits patiently, vengefully, and lacks any remorse for the jackals that betrayed him.


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