1/10. Why does Senator McConnell talk about how he will run the impeachment trial, and why do we listen? He has zero constitutional authority to decide its shape.
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8/10. If senators say that they regard an impeachment trial as political rather than legal, they have disqualified themselves as jurors.
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9/10. If senators reveal how they will vote before the impeachment trial has taken place, they have disqualified themselves as jurors.
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10/10. Senator McConnell has no constitutional authority to lead an impeachment trial. His constitutional responsibility is to serve as a juror. From that he has disqualified himself.
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Agree. But who could have foreseen this?
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Amazing how people with an axe to grind find that the impeachment in the House is political, so the house is unbound; but that the Senate is somehow bound by traditional concepts of criminal procedure.
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In an impeachment trial, Chief Roberts could dismiss a Senate juror for contact with a defendant or even public statements evidencing bias for or against conviction. However, Chief Roberts would be unlikely to sustain such a motion; it would likely be overruled.
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From the guide
@tribelaw rec’d: “The actual threshold to convict is 2/3 of senators present. If a number of senators missed the vote, the numbers needed for conviction or acquittal would change.” If a bunch of Sen’s recuse, they don’t even need 34 to acquit, as McConnell knows! -
It's the opposite problem for
#MoscowMitch. You can bet that the D caucus will all be present and voting for conviction. Granted (assuming all Rs vote to acquit) you'd need 30 recusals for that to be enough. - 2 more replies
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