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When former President Trump is tried again for impeachment, it will be Senator Patrick Leahy, Interim President of the Senate, who will preside, rather than the Chief Justice of the Supreme Court, John Roberts.
“The president pro tempore has always presided over Senate impeachment trials of non-presidents,” Leahy confirmed in a statement Monday. “When presiding over an impeachment trial, the president pro tempore takes an additional special oath to provide impartial justice in accordance with the Constitution and the laws. It is an oath that I take extremely seriously.”
Roberts presided over Mr. Trump’s first impeachment trial, as designated by the Constitution. But the Constitution is silent on who presides over the Senate trial of a former president, and a former president has never faced an impeachment trial.
An aide to Leahy said over the weekend that it was not the senator’s preference to preside over the trial. But the Vermont senator also said he viewed his role as interim president as “one of the greatest honors and most serious responsibilities of my career.”
“When I preside over the impeachment trial of former President Donald Trump, I will not waive my constitutional and sworn obligations to administer the trial fairly, in accordance with the Constitution and the laws,” Leahy said.
He noted in an interview with MSNBC on Sunday that he also had other work to do at the same time – as chairman of the credits committee he will also be heavily involved in negotiations on President Biden’s COVID-19 economic relief plan.
Senators will be sworn in this week for the trial of former President Trump. the the impeachment item will be delivered in the Senate at 7 p.m., then presented and read to senators. House impeachment officials and Mr. Trump’s defense team will then have two weeks to prepare for trial, and the trial will begin the week of February 8.
The House impeached Mr. Trump on January 13 for inciting insurgency. A week earlier, Mr Trump had told a crowd of his supporters to “fight like hell” as Congress counts the electoral college votes, the final step in finalizing Mr Biden’s victory. A crowd of his supporters then stormed the United States Capitol, sending lawmakers on the run and delaying the electoral vote count by nearly six hours. Five people died as a result of the melee.
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