Chief Justice John Roberts reportedly wants no part of Trump's impeachment trial (yahoo.com)
" Trump's trial is a bit of a constitutional oddity. On the one hand, it's a presidential impeachment, but on the other hand, the trial will take place after he leaves office, which is why there's a chance Roberts may have some wiggle room. "
Gee, what's Schumer going to do with his 'erection' now?
From your linked article's original source, Politico...because this trial is not of a sitting president, but ex president, he does not have to be the one presiding over the impeachment according to the Constitution.... it can be someone like the President of the Senate, VP Harris, or longest Served Senator, Leahy.....
And John Roberts tries to wriggle out of the Senate impeachment trial.
www.politico.com
JOHN ROBERTS WANTS OUT OF JURY DUTY: Multiple Republican and Democratic sources close to the impeachment trial negotiations tell us that Supreme Court Chief Justice JOHN ROBERTS is looking to avoid presiding over impeachment proceedings.
We’re hearing that Roberts, who for years has sought to keep the courts apolitical, was not happy he became a top target of the left during Trump’s first impeachment trial. “He wants no further part of this,” one of our Hill sources says. A spokesperson for the chief justice declined to comment when our Josh Gerstein reached out.
The Constitution delegates the chief justice to oversee impeachments of presidents, but this time around Trump will be an ex-president. That’s why lawmakers and aides were talking through the weekend about two other figures who historically have presided over lower-level impeachments: the vice president and the longest-serving member of the chamber. But would KAMALA HARRIS really want to do this in her first week on the job? If not, Sen. PATRICK LEAHY (D-Vt.) could be the guy.
Typical Democrats, making it up as they go along. How can you Constitutionality impeach and convict a person who is no longer in office?
First, he was impeached while in office, the trial two weeks after he left office.
But to answer your question, there is precedent.... President Grant's Secretary of War, William Belknap, was impeached AFTER he no longer held the office, and was tried by the Senate about 3 weeks after he had been impeached and no longer held office.
In addition, the 14th Amendment States anyone involved in an attempted insurrection shall no longer be eligible to hold any future office... but no means is given on how to do such.... one option is through impeachment, the other through criminal insurrection charges....
The impeachment trial per the constitution involves two votes by the Senators...
One VOTE is to convict him of the articles of impeachment, which takes 2/3rds of the Senators,
The second VOTE, is for Senators to keep the office holder from ever holding g an office holder position again, which only requires a majority vote.
In order to achieve the second constitutional requirement of voting to never allow them to hold office again, a trial in the Senate, has to take place... So a person no longer holding office when an impeachment trial takes place to essentially remove them from office...does stop the trial from taking place, because the second impeachment vote required, still has to be done, to complete the Senate trial process.