January 25, 2021

TRUMP’S NOT PRESIDENT. THEREFORE HE CAN’T BE REMOVED, WHICH MEANS HE CAN’T BE IMPEACHED. AT LEAST, THAT’S MY TAKE. Did Chief Justice John Roberts decline to preside over the Senate trial of the Trump impeachment? “I think it means John Roberts arrived at the view that there was no occasion for the Chief Justice to preside, and therefore he has a duty to refrain from participating. That’s not ducking and it’s not skipping. When he presides, it’s because he must, and when he refrains, it’s because he must. It’s based on an interpretation of law. But I can’t tell, reading this article, if he was asked to preside and communicated a refusal, or if Senate Democrats decided that the Constitution, Article I, Section 3, does not provide for a role for the Chief Justice.”

The thing is, if you’re not impeaching Trump as President, then you’re impeaching a private citizen. And you can’t impeach a private citizen. If you’re impeaching Trump as President, then the Chief Justice must preside. And since he isn’t . . .

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