Senate Majority Leader Chuck Schumer (D-N.Y.) said late Monday (Jan. 25) that Supreme Court Chief Justice John Roberts will not preside over Trump‘s second impeachment trial.
“The Constitution says that the chief justice presides over the (trial) of a sitting president. So it’s up to John Roberts to decide whether he wants to preside over the trial of an incumbent president – Trump – and he doesn’t want to do that.” Schumer revealed during an appearance on MSNBC.
“So in keeping with the customary practice, (Roberts drops out of presiding) then the next in line is the president pro tempore of the Senate, the most senior senator in the majority, which is Sen. Leahy (R-Va.), who is a very experienced person and a very fair person.”
The Supreme Court has not responded to a request for comment.
Senate President Pro Tempore Patrick Leahy (D-Vt.) announced earlier Monday that he will preside over the upcoming trial of Trump.
“In presiding over the impeachment trial of former President Donald Trump, I will not waver from my sworn constitutional obligation to conduct a fair trial in accordance with the Constitution and the law.” Leahy said in a statement.
The House impeached former President Trump on Jan. 13. They forwarded the sedition charges to the Senate on Monday. The Senate will begin a trial on Monday, Feb. 8.
Under the U.S. Constitution, the chief justice of the Supreme Court presides when a president is tried for impeachment. Never before in U.S. history has a former president had an impeachment trial. According to the nonpartisan Congressional Research Service (CRS), the Constitution does not directly address whether Congress can impeach and try a former president for his actions while in office.
Former Secretary of War William Belknap was impeached after he resigned in 1876 and was later acquitted of all charges. Since then, both the House of Representatives and the Senate have chosen not to impeach officials who have resigned or left office.
“At times, this decision appears to be based on a judgment that removal from office is often the primary, if not the only, goal of an impeachment trial.” CRS said in a report this month.
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