So if impeached, judge Roberts would preside over the senate trial?

[captain queeg]

Obviously this would be a Democrat vs Republican show, but I imagine the founding fathers would expect members of each party to be on opposing sides. How does that work? Is someone designated as a prosecutor and someone representing the president? Maybe if Roberts was overseeing it there would at least be opportunity for each side to lay out their case? Or can Moscow Mitch force an immediate vote? Is it technically a trial?

[maxsolomon]

1. No one knows what's going to happen.

A "Summary Dismissal" vote is possible.

I have no idea if Roberts will hold any power over such a move. If McConnell can get away with it, he will.

[SKKY]

2. Chief Justice Roberts will endeavor to do as little as possible, and do it well.

Mitch will play his games, for sure. It will be one wild ride, no doubt.

[politicaljunkie41910]

14. I always hear that Chief Justice Roberts has such high regard for the SC and will do whatever he can

to preserve the integrity of the Court. Now is the time for him to prove it. Trump has lost round after round with the Courts regarding his Taxes and he just keeps on filing new B.S. claims sometimes in the same Court. I thought that at some point the Courts would kick him to the curb and say, we've already been there, and we're not revisiting it again. Or three strikes and you're out of here. We're not going back. After all, these are the same old bullshit claims, (his taxes) (access to his records) and the same old arguments. John Roberts. Enough is Enough!!!!!! This is not JUSTICE if rich people get to keep going back to the Courts until they get the decision they want. Now I realize that there are different courts with different jurisdictions, but he seems to have a case before the SC every couple of weeks on issues which seem to have already been ruled on.

[brooklynite]

3. In the Clinton trial, the House (Republicans) designated a Committee to serve as prosecutors

[The Velveteen Ocelot]

4. And Chief Justice Rehnquist presided.

He was a rabidly biased right-winger who was much worse than Roberts, and he didn't interfere at all. The function of the Chief Justice in an impeachment trial is only to be sure the Senate follows its own rules (which aren't the same as regular court rules).

[Polybius]

15. Rehnquist was also a larger than life figure

He was happy to be there, so he would be in history books. Roberts is completely different. He doesn't wanna be there, he's far more low-profile.

[The Velveteen Ocelot]

23. Rehnquist had a special robe made with gold stripes on the sleeves.

And he was probably the worst, most extreme Supreme Court justice in living memory, with the possible exception of Clarence Thomas. I don't think even Gorsuch or Kavanaugh will manage to be worse than Rehnquist.

[Polybius]

24. Scalia was up there too

Perhaps he was more dangerous, because he was smarter and far more intellectual than Rehnquist. But as a Chief Justice, that might make Rehnquist more dangerous.

[The Velveteen Ocelot]

25. Scalia, bad as he was, made decisions that were logical given his philosophy, and

I'll give him credit for having been a strong defender of the First Amendment. Rehnquist's decisions were just knee-jerk right-wing. I always knew who won a case as soon as I learned who wrote the majority opinion. Rehnquist always ruled for the corporation against the individual, law enforcement against the individual and against whatever civil right was being claimed.

[Joinfortmill]

5. McConnell said this - Buzzfeed

There would be a trial if Trump was impeached. It would be scheduled to begin each day at 12:30 and run every day but Sunday. Chief Justice Roberts would preside. House attorneys would prosecute. White House attorneys would defend. Absolute silence by members would be demanded.

[StarfishSaver]

6. The Senate trial is governed by established rules

The Speaker will appoint a group of House Managers to act as prosecutors. They present the evidence, call witnesses, make arguments, etc. The president can have lawyers represent him during the trial and also present witnesses, make arguments etc.

The senators act as jurors and do not participate.

Here are the rules: https://www.law.cornell.edu/background/impeach/senaterules.pdf&ved=2ahUKEwi-r9PXm_rlAhVPPq0KHXsXA7AQFjAXegQIARAB&usg=AOvVaw0GGoQA5lekoBOEp5mvAx1-

[beachbumbob]

7. McConnel controls the business of the Senate, he can chose

1. Let the articles of impeachment sit in his inbox, constitution does not mandate a time period to hold a trial. Invoke his Merrick Garland policy
2. He can often a motion to delay trial until after the Nov 3rd vote and 51% in favor is all that is needed. Invoke his Merrick Garland policy
3. Hold as close to a sham trial as possible. Final vote on guilt would tow the party line

I expect 1 or 2. Too risky to do #3

[LiberalFighter]

8. Bull - He doesn't have that power.

[beachbumbob]

10. You don't understand how business is conducted in the Senate,

The majority leader controls what happens with any and all floor business and why almost every bill passed in the House sits with no action.

That is the power of McConnell. As for impeachment trial there is zero time table spelled out in the constitution. Zero.

[LiberalFighter]

11. This is not regular floor business. It is not legislative.

Trial Preparation in the Senate Impeachment proceedings in the Senate are governed now by the Rules of Procedure and Practice in the Senate when Sitting on Impeachment Trials. After presentation of the articles and organization of the Senate to consider the impeachment, the Senate will issue a writ of summons to the respondent, informing him or her of the date on which appearance and answer should be made. On the date established by the Senate, the respondent may appear in person or by counsel. The respondent may also choose not to appear. In the latter event, the proceedings progress as though a “not guilty” plea were entered. The respondent may demur, arguing that he or she is not a civil official subject to impeachment, or that the charges listed do not constitute sufficient grounds for impeachment. The respondent may also choose to answer the articles brought against him or her. The House has traditionally filed a replication to the respondent’s answer, and the pleadings may continue with a rejoinder, surrejoinder, and similiter.

[beachbumbob]

12. So where does it state a time period?? Btw, rules of the senate can be

change by a simple majority vote....

[onenote]

18. From the Senate Rules:

Upon such articles being presented to the Senate, the Senate shall, at 1 o’clock afternoon of the day (Sunday excepted) following such presentation, or sooner if ordered by the Senate, proceed to the consideration of such articles and shall continue in session from day to day (Sundays excepted) after the trial shall commence (unless otherwise ordered by the Senate) until final judgment shall be ren- dered, and so much longer as may, in its judgment, be needful.

McConnell isn't going to try and change that rule. You can take it to the bank.

[beachbumbob]

19. lol, of course he will, takes a 51% vote to do so, Its Merick Garland defense AND

there is no upside for GOP to allow a trial to happen, NONE

[onenote]

21. Bookmarked.

I look forward you explaining why you were wrong

[beachbumbob]

22. and visa versa whe no trial is held

[Polybius]

16. He's already been asked that question and said he'll hold the trial immediately

Option 1 and 2 aren't happening.

[roamer65]

20. I expect 2.

I think he will reverse his statement and try to stall it to the election.

He doesn’t want Repuke senators having to vote and be on the record as for or against.

[LiberalFighter]

9. House Democrats will do the prosecuting in the Senate.

Best way to describe it. Senate members are the jurors.

[Wounded Bear]

13. Senators are not allowed to speak IIRC...

the House (obviously Dems) would act as "prosecutor." Trump would be represented by White House council, probably working with his personal lawyers (can you imagine Rudy acting as defense council on the Senate floor ).

Senate acts as jurors and do not participate.

[Talitha]

17. Anyone know if it'll be televised?