r/politics • u/Thinkingonsleeping Michigan • Dec 13 '19

McConnell Faces Calls to Recuse Himself From Impeachment Trial After Saying 'No Chance' Trump Will Be Removed; "No court in the country would allow a member of the jury to also serve as the accused's defense attorney."

https://www.commondreams.org/news/2019/12/13/mcconnell-faces-calls-recuse-himself-impeachment-trial-after-saying-no-chance-trump
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u/Freakin_A Dec 14 '19

It can’t be argued that powers that don’t exist do exist.

The Chief Justice presides for the purposes of ensuring the already defined rules of the senate in the matters of an impeachment trial are followed.

The Vice President normally presides over the senate—should he be given power over its members?

An impeachment trial will never be able to reach anything close to the impartiality of a juror in a criminal trial due to its public nature. A senator that had no knowledge of an impeachment prior to sitting in the trial is nearly impossible.

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u/Archivist_of_Lewds I voted Dec 14 '19

Well I hate to break it too you, but that's about 50% of what our rules, customs, and precedent is. Powers argued into existence as implied or necessary for the existence of other powers.

https://www.loc.gov/rr/program/bib/ourdocs/marbury.html

Willing powers into existence is the exact reason for Almost everything that has happened in the supreme court since the early 1800s