Joe Fan
10,000+ Posts
They aren't forced to act, but Cocaine Mitch says they will. I don't agree with Joe Fan's characterization of what everyone's roles would be. The issue of whether senators act purely as jurors came up in the 1999 Senate trial. One of the senators objected to being addressed as a "juror." Chief Justice Rehnquist sustained the objection and ruled that though senators decide questions of fact like jurors do, they also decide substantive questions of law such as what constitutes an impeachable offense. Knowing that, I highly doubt that Roberts would grant any dispositive motion in the case and would instead put it to the senators themselves to decide.
My hope is that it screams 'lack of due process' so loudly that Roberts has no choice. I admitted above he doesnt want to handle it this way. But my hope is that Schiff's malfeasance is so egregious that Roberts will be boxed into a corner so that he only has one way out.
Why? Because he likes Trump? No way! Because he knows he is setting key precedence that will be followed again in the future. If Roberts is about anything, he is about history and the role of the Court. In no way does he want to be the Chief Justice who drew the roadmap for the impeachment of every single future POTUS based on secret proceedings, in soundproof rooms, without counsel, without the ability to call witnesses, without the ability to cross-examine, without a neutral arbiter of legitimate disputes and without the opportunity of the defendant to confront his accuser(s). John Roberts knows all of this is wrong, on multiple levels. He is keenly aware of his place in history. He might not care for Trump but he definitely cares about his own legal legacy. I am counting on him not wanting "the Roberts Legacy" to be the trampling of due process or "the Judge who approved of Soviet Rules in the US."