Trump Trial Puts Fundamental Question to Chief Justice Roberts

Supreme Court Chief Justice John Roberts waits for President Donald Trump’s State of the Union address to a joint session of Congress, February 4, 2020. (Leah Millis/Reuters Pool)
It’s a murky situation that could see none other than Vice President Harris preside.

NRPLUS MEMBER ARTICLE B efore the Senate holds an impeachment trial, as many conservative and liberal writers advise, it should understand the serious constitutional issues at stake. Chief among them is whether the Senate can try a defendant who has left office. Another one, less noticed, is who would serve as the trial judge. Carefully read, the constitutional text may even allow the chief justice of the Supreme Court to scuttle the whole affair, or at the very least open up a political minefield that could cripple the new administration. The Senate would better serve the national interest simply by allowing Donald Trump to


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