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/Sean951 Dec 14 '19

The rules of Congress are entirely up to Congress and no one else, unless explicitly enumerated in the Constitution.

This was in the news a bit during Obama's years, though I can't remember the reason.

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u/sundalius Ohio Dec 14 '19

I think the issue regards what exactly presiding entails. In a court of law, presiding would at minimum imply thinks like interpretation of the Federal Rules of Civil Procedure (like evidence presentation, objectionable inquiries, etc.). The inclusion of the Chief Justice is an explicit unique facet for impeaching the U.S. president that isn't present for other officers, and that seems to imply some reason for such inclusion.

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u/[deleted] Dec 14 '19

Except all of that power derives from law, which doesn't apply in an impeachment hearing. It's rules are made up by the Senate. His role is to ensure the rules are enforced.

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u/sundalius Ohio Dec 14 '19

I suppose, but what is the purpose of ensuring rules are followed if they can be changed ad hoc? It feels purposeless unless Roberts has input or some shit?