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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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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I think that was the point - he doesn't want anything to do with it so has positioned himself to have to recuse.
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That's how I see it too
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His wife works as the Defendant’s Secretary of Transportation therefore Sen McConnell must be recused
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Nope. House recused nobody and several dozen had previous bias and connections to POTUS or his staff they’d harrassed. Equal procedures! Including pelousy trying to boss Senate.
@senatemajldr@TheJusticeDept - 1 more reply
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Absolutely true. Yet somehow groupthink has again lead us somewhere else.
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I think the nation is so used to Trump and his congressional enablers just abusing the system. Speaker Pelosi and the House Democrats should hold the articles until Senate Republicans clean up their act or until the courts force Trump's hand on witnesses and documents.
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As I understand it he does however have the right to call or not call witnesses, unlike a criminal or civil trial juror, and that’s huge
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I get the impression that Article 3 loves to shirk their duty. Such as the Garland theft. This was a blatant, unconstitutional power grab and SCOTUS sat silent, letting it happen.
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So, the existing case law (Nixon v US,1993) is pretty clear that the “sole power” included the unreviewable power to determine the rules of impeachment. McConnell doesn’t run the trial, but he can shape the rules it goes by and tie Roberts’ hands
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A news station guest (someone on MSNBC, i think) stated that the senate can overrule Chief Justice Roberts rulings if they don’t like them. Is this true? Can the public take a case to the Supreme Court if McConnell abuses his authority?
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