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The Senate gets to call the shots for Trump's impeachment trial - CNN

The Senate gets to call the shots for Trump's impeachment trial - CNN

The Senate gets to call the shots for Trump's impeachment trial - CNN
Jan 17, 2021 1 min, 11 secs

Among the basic questions spurred by a groundbreaking trial for an ex-president is whether the Chief Justice John Roberts would preside, as he did at Trump's first impeachment trial one year ago.

The Constitution dictates that "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."

The process for impeaching a federal judge is the same as impeaching a president.

Nearly six years later, Rehnquist presided over the impeachment trial of President Bill Clinton, just as Chief Justice Roberts did for Trump's first trial in 2020.

The Constitution states, "When the President of the United States is impeached, the Chief Justice shall preside," rather than any senator or the vice president, who under the Constitution serves as the Senate president.

He said the framers' rationale for requiring the chief justice to preside in trials of a president stems from the natural conflict of interest of a presiding vice president.

The framers believed the chief justice should preside, Amar said, "precisely because the vice president is next in line."

But Bowman said even after a president has left office, a chief justice could still oversee a Senate trial.

"Any prudent organizer of the trial would insist that the chief preside," he said, adding that the presence of the chief justice of the United State would lend "legitimacy" to the proceeding.

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