I have questions about the upcoming Senate trial.

[shockey80]

Will it be televised?

Will Trump and his disciples from hell be able to claim executive privilege? If our courts ( which move at the speed of snail) could make a decision on executive privilege some time this century, that would be helpful. There is nothing riding on that decision except the constitution, our democracy, our Republic. Our court system has blocked the House from investigating the Mueller report.

Will the Mueller report finally be allowed to go on trial in the Senate trial? Yes, the Mueller report was written with excruciating legalese which allowed Barr to cover up Trump's crimes. However, the report is filled with evidence of obstruction of justice. The report also stated people lied , destroyed evidence which obstructed the conspiracy investigation. I would like to know who did that. I want them to testify.

How will Justice Roberts handle the Republican freak show, conspiracy theory defense?

[ramblin_dave]

1. It will be televised

if precedent is a guide. Here's C-Span from 1999

https://www.c-span.org/video/?120235-1/president-clinton-impeachment-trial

[hlthe2b]

2. While i can't imagine it would not be televised, the initial discussion of hour upon hour upon hour

of sessions, six days a week for however long, makes me wonder if ALL of it will be so on network tv.

[StarfishSaver]

3. Great questions!

Will it be televised? Yes

Will Trump and his disciples from hell be able to claim executive privilege? They could try, but I believe that, as the presiding officer who decides all issues of law and evidence, the Chief Justice could rule on whether it applies and not wait for it to work it's way through the courts.

Will the Mueller report finally be allowed to go on trial in the Senate trial? If it's germane to one or more of the charges in the Articles if Impeachment, it can be introduced as evidence.

How will Justice Roberts handle the Republican freak show, conspiracy theory defense? Not sure, but Roberts is a tough customer who cares about his legacy and the reputation of the Court, so I'm sure he will rule this proceeding with an iron hand and not let it turn into a circus.

[shockey80]

4. Thank you.

[gab13by13]

5. I believe that Republicans set the rules for Roberts to follow,

Republicans can also vote on procedures etc.

I think Roberts will be fair, but I also think that Republicans hold the cards, will tie his hands.

[StarfishSaver]

8. Republicans can set the procedural rules, but not determine the questions of law

Roberts will rule on all questions of law and the Senators can't change that - and questions on such things as executive privilege are legal questions that Roberts will have full say over.

[bluestarone]

7. Good answers BUT still confused.

Could you explain just EXACTLY what kind of powers does chief Roberts actually have? Who has MOST power Mcturtle or Roberts? Does Roberts have the power to NOT ALLOW Biden bullshit? Thanks in advance!

[StarfishSaver]

9. As I just noted in a previous post, Roberts will rule on all questions of law and procedure

The Senate can set the procedures in advance and Roberts will apply/enforce them. But questions of law are left solely up to him.

The Presiding Officer of the Senate shall direct all necessary preparations in the Senate Chamber, and the Presiding Officer on the trial shall direct all the forms of proceedings while the Senate is sitting for the purpose of trying an impeachment, and all forms during the trial not otherwise specially provided for. And the Presiding Officer on the trial may rule on all questions of evidence including, but not limited to, questions of relevancy, materiality, and redundancy of evidence and incidental questions, which ruling shall stand as the judgment of the Senate, unless some Member of the Senate shall ask that a formal vote be taken thereon, in which case it shall be submitted to the Senate for decision without debate; or he may at his option, in the first instance, submit any such question to a vote of the Members of the Senate. Upon all such ques- tions the vote shall be taken in accordance with the Standing Rules of the Senate.

Any evidentiary ruling the Chief Justice is binding on the Senate, however, a Senator can make a motion to appeal a decision to the full Senate. A vote is taken and a majority can overrule the Chief Justice. So, it's possible that Roberts' rulings can be overruled - but I actually doubt that, with the whole world watching, the Republicans can muster enough votes to overrule a conservative Justice's rulings in an impeachment trial. But we're through the looking glass, so one never knows. However, if that happens, it will be clear to everyone that the trial is a joke and a sham.

You may find this helpful - it's the current Rules of Senate Procedure. https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=11&ved=2ahUKEwi7srmZlIPmAhUHC6wKHWB_B-AQFjAKegQIARAC&url=https%3A%2F%2Fwww.law.cornell.edu%2Fbackground%2Fimpeach%2Fsenaterules.pdf&usg=AOvVaw0GGoQA5lekoBOEp5mvAx1- They can be amended by the Senate before the trial, but I'm pretty sure that, aside from some possible tweaks here and there, they will remain pretty much as they've always been.

[lark]

26. Wish I could believe that.

Roberts is nothing but a right wing hack. He personally went out and found a case to tear apart campaign finance laws, he is no friend of transparency or justice - again - he is NOTHING but a rw hack who sometimes pretends for a few min. (until it really counts) that he's a patroit. He has never failed to support the right wing in any case I've ever heard of. Even when he makes sensible decisions, he usually pairs them with crazy ones - as he did with the ACA. He will permit any shenanigan they want to do that hurts Democrats unless it's just completely in your face and outrageous and even then I wouldn't trust him one iota.

[mopinko]

6. i dont think executive privilege would fly.

there is no privilege to conceal a crime.

[StarfishSaver]

10. True. And executive privilege doesn't provide blanket protection from being called to testify

It just limits certain areas of testimony to which executive privilege may apply. Roberts would surely not rule that a witness doesn't have to appear just because they may have worked in the administration and had privileged communications with Trump. He'd likely order them to appear and then rule on whether he had to answer certain questions on a question-by-question-basis.

And it's one thing to have an obnoxious witness talk smack to Jerry Nadler in a House committee hearing. It's altogether another to have them come in and smartmouth the Chief Justice of the United States.

[shockey80]

11. I assume Roberts will have to make a decision on attorney/client privilege?

The first person I would call to testify would be Rudy.

[shockey80]

12. Roberts is going to be very busy dealing with attempted obstruction.

Attorney/client privilege, executive privilege, what documents can and cannot be turned over. What a fucking mess, I hope he is up to the challenge.

[StarfishSaver]

14. I'm not worried

I'm no fan of his, but Roberts is a brilliant and quick legal mind - he's more than up to it. I think he'll dispose of and shut down those kinds of obstructions pretty swiftly and handily. McConnell, Graham, et al are no match for him. If they try to tangle him up with bs, he'll make them look like ignorant fools.

[dware]

15. Once again StarfishSaver,

you are a treasure trove of information.

BTW, love your DU screen name, is there a story behind that?

[shockey80]

17. My view of Roberts is he tries to have it both ways, plays both sides of the fence.

I know he is brilliant, I believe he had the same professor as Obama. Roberts is no Obama, Lol.

[TwilightZone]

19. Roberts is also clearly concerned about the legacy of "his" court.

The last thing he wants is for his oversight of the trial process to be seen as overtly partisan.

[H2O Man]

22. In a case

like this -- and the Scooter Libby trial is a perfect example -- having a conservative judge is an advantage, I think. As this will be an impeachment trial, it may be extremely important, not only within the proceedings, but for public accetance of his influence.

[H2O Man]

20. !!!!!!!!!!

Well said.

[bluestarone]

13. Roberts needs to agree to release the assholes TAXES THEN

He (Roberts) won't have to worry about the trial. tRUMP will RESIGN!

[StarfishSaver]

23. I'd love to be a fly on the wall in their conference

Roberts: Next, we're considering the petition for a writ of certiorari in the case of Trump v. Vance. Shall we grant the petition?

RBG: I'm not ready to vote yet. I'd like to do some more research.

Roberts: I think we should vote

Breyer: I'd like to do some additional research and think this through a little longer, as well.

Roberts: I think we should vote now.

Alito: I'd like to take a little more time before deciding

Roberts: Look. We all know that whatever we do, he's going to have to turn over his taxes. Either we take the case and order him to turn over his taxes because that's the only outcome the law would permit or deny the writ and let the lower court order him to turn over his taxes. So why drag it out?

Kavannaugh: I'm with Ruth. I don't want to do any research but think we should take our time deciding what to do.

Roberts: C'MON PEOPLE!!! Don't do this to me! If we don't decide right away, there's no chance the fool will resign before an impeachment trial. And that's going to be an effing circus. PLEASE don't make me ringlead that shish-show! Help a brother out PLEASE!"

[bluestarone]

24. EXACTLY

The fly knows!!!!! HAHAHA!

[shockey80]

27. You forgot to add this.

Roberts: Somebody wake up Clarence.

[StarfishSaver]

28. HAHAHA

[H2O Man]

16. Recommended.

I think that there are good answers already, in response to your good questions. Hence, I will focus on the last question you asked, as it is likely the most important and deserves our focus.

Roberts does not like Trump. We recall that when Trump was wimpering that a federal judge could not be just in hearing a case -- because of where his parents were born -- Roberts did something that Chief Justices never do: he made a public statement supporting federal judges. For Trump's then-current insult aimed at the federal courts was but one of many.

His role will be crucial. One thing I will suggest people keep in mind -- John Bolton's attorney had first said he would testify if he got a subpoena. The House did not issue a subpoena. The Democrats understand that timing is everything. Having Bolton testify before the Senate trial will be more powerful than if he had testified weeks before to the House committee, and people had fully digested what he had to say and the republican reaction to it.

[shockey80]

18. All good points, thanks.

[StarfishSaver]

25. +1

[bluestarone]

21. KICK

For GREAT answers!!

[getagrip_already]

29. What are the chances the gop will force him to recuse himself?

Who is next most senior? Could they just appoint kavanaugh in roberts place?

[Rorey]

30. It'll be televised, but FOXnews will only show Repubs

They won't show anything that's puts any Repub in a negative light.

[Groundhawg]

31. Yes the president will still have executive privilege

For the most part. He won’t be able to hide as much but he will still be the president with presidential powers intact until he is convicted in the senate. At the point of the beginning of the senate trial the president will have been convicted of nothing.