In 2nd Trump impeachment trial, will Chief Justice John Roberts preside?
Who will preside over the second Senate impeachment trial of Donald Trump remains a key open question as lawmakers prepare to begin the unprecedented proceeding as soon as Inauguration Day.
The U.S. Constitution says that the Chief Justice of the Supreme Court "shall preside" over trials of the President of the United States, but it does not specify what happens if the president has left office. No ex-president has ever faced a Senate trial.
The question is complicated by a legal text open to interpretation, and there is no consensus among constitutional scholars or impeachment experts.
"He was president when he committed these offenses. He was president when he was impeached," said Harvard law professor Lawrence Tribe. "The whole point of having the chief justice preside in these extremely important presidential cases is because those are the ones that most require the legitimacy, the impartiality, the neutrality and non-partisan character of an independent judge."
Sources tell ABC News that it will be up to congressional leadership to make the final decision. They could invite Chief Justice John Roberts, who presided over Trump's first Senate impeachment trial, to return to the largely ceremonial role, or they could look elsewhere.
If an invitation is extended to Roberts, his participation would likely hinge on his own interpretation of the law, they said.
There is also the chance Roberts may choose to recuse from a Senate trial if Trump or his legal team were to challenge the constitutionality of the proceedings in federal court -- a scenario in which Roberts and the justices could ultimately be asked to rule.
A spokeswoman for the chief justice said he had no comment. Senate leaders Chuck Schumer and Mitch McConnell have not publicly addressed the format of a trial.
Full article on https://abcnews.go.com/Politics/2nd-trump-impeachment-trial-chief-justice-john-roberts/story?id=75324610
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