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unblock

(56,213 posts)
21. it remains to be seen how this plays out.
Fri Nov 8, 2019, 11:58 AM
Nov 2019

but he's *not* a judge or justice in this role, and it's *not* a trial under the usual rules and practices of judicial trials and federal law.

even though a member of the judicial branch is "presiding" over it, the usual rules of evidence and relevant testimony and materiality and so on do officially apply. it's a political trial conducted under the rules of a political body.

the senate *may* delegate certain powers to roberts and *may* instruct him to make certain decisions and *may* even instruct him to make it look a lot like a judicial trial, and roberts *may* actually exercise those delegated powers in some particular instances.

but that's a lot of ifs, and i'm not holding my breath for roberts to keep it an objective, impartial trial that doesn't stray into smears of democrats.


in fact, i'd make a big bet that the senate *will* use this as an opportunity to smear democrats, biden at a minimum, but i doubt i'd be able to find anyone fool enough to take that bet.

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0 members have recommended this reply (displayed in chronological order):

McConnell will not preside over the trial, CJ Roberts will... Wounded Bear Nov 2019 #1
Well, I'm not sure "Why did the president think..." is... LAS14 Nov 2019 #3
I never said this would not happen. In trials, every possible spin is attempted by the defense hlthe2b Nov 2019 #6
Right. I'm sure they'll do an outstanding job. And it may have... LAS14 Nov 2019 #8
What is the alternative you would suggest? I believe a very effective case will be laid out hlthe2b Nov 2019 #10
I don't have an alternative. I'm just not as sanguine... LAS14 Nov 2019 #11
We face enough day to day demoralization and disquieting revelations. Keep some fath. hlthe2b Nov 2019 #13
"What did someone else think..." is usually not a valid question in court tinrobot Nov 2019 #17
This. The_Counsel Nov 2019 #29
roberts will preside, but will not be doing much to determine what witnesses are called. unblock Nov 2019 #9
Even McConnell has made it clear that Roberts will rule on any motions made by opposing sides hlthe2b Nov 2019 #15
Didn't His Assholiness, Justice Roberts, preside over the legalization of bribery and gerrymandering lagomorph777 Nov 2019 #22
The House lawyers present the case; Trump's lawyers can rebut, but that is not the function of hlthe2b Nov 2019 #2
See my reply #3 just above. nt LAS14 Nov 2019 #5
This is their plan Bev54 Nov 2019 #4
They will try, but that is why having the most effective impeachment witnesses testsify hlthe2b Nov 2019 #7
it's not even clear that he has the power to rule anything irrelevant. unblock Nov 2019 #12
You keep mistakenly pointing to the VP having authority over impeachment trial. THAT IS NOT TRUE hlthe2b Nov 2019 #14
it agree. not sure why you think i meant otherwise. unblock Nov 2019 #18
You post # 9 seemed to be stating such for the VP hlthe2b Nov 2019 #19
i started that post with "roberts will preside", which i thought would make it clear unblock Nov 2019 #24
I'll take my lead from Laurence Tribe and Neil Katyal on this. I find their opinions to be far more hlthe2b Nov 2019 #25
wow, what's eating you today? unblock Nov 2019 #27
there is a big difference between "realism" and "defeatism". That's all I'm saying. hlthe2b Nov 2019 #30
No, that's not at all what unblock is saying jberryhill Nov 2019 #28
thank you! unblock Nov 2019 #31
Beats me jberryhill Nov 2019 #33
From McConnell's own mouth: "The chief justice is the chair. And senators are not allowed to speak" hlthe2b Nov 2019 #16
it remains to be seen how this plays out. unblock Nov 2019 #21
Roberts has the authority and ability to make the role as he wishes. READ THE ARTICLE hlthe2b Nov 2019 #23
what a waste of time, reading an article that adds nothing and supports my view. unblock Nov 2019 #26
It is up to Moscow Mitch what the rules are Bev54 Nov 2019 #35
Don't know if it's been discussed, but you are correct in your suspicion. lark Nov 2019 #20
Once the impeachment begins CJ Roberts will preside and have total conteol grantcart Nov 2019 #32
That is not the case for the sort of questions we are talking about unblock Nov 2019 #34
Wrong on so many levels, where to start? grantcart Nov 2019 #40
Thanks, very informative post. unblock Nov 2019 #41
Dems have veto power over who they pick lame54 Nov 2019 #36
In the senate?????? nt LAS14 Nov 2019 #38
No - am thinking of saturdays witness list deadline lame54 Nov 2019 #39
It will be a show alright. Joe941 Nov 2019 #37
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