It was reported today that Sen. Patrick Leahy (D-VT), the president pro tempore of the Senate as its most senior Democratic member, is expected to preside over former President Donald Trump’s impeachment trial instead of Supreme Court Chief Justice John Roberts.
We reported that this was a possibility on Friday and that a couple of Republican senators were already pushing back on the idea, saying that it would make the proceedings “illegitimate.”
Despite the fact that he was one of the senators to vote to convict Trump in the February impeachment, which was voted along partisan lines except for Sen. Mitt Romney (R-UT), Leahy has vowed impartiality in the role.
“I don’t think there’s any senator who over the 40-plus years I’ve been here that would say that I am anything but impartial in ruling on procedure,” he said, when asked today on Capitol Hill if he had any concerns about partisanship in the trial because of his criticism of the president.
Former special assistant to Trump Boris Epshteyn tweeted about the news and wondered, “What’s this based on???”
“There has NEVER been an impeachment trial of a former president because the Constitution does NOT allow for it,” Epshteyn insisted.
Epshteyn concluded, “Also, Patrick Leahy is a stone cold partisan. If Leahy will be presiding, any semblance of fairness or due process goes out the window.”
What’s this based on??? There has NEVER been an impeachment trial of a former president because the Constitution does NOT allow for it.
— Boris Epshteyn (@BorisEP) January 25, 2021
Also, Patrick Leahy is a stone cold partisan.
If Leahy will be presiding, any semblance of fairness or due process goes out the window. https://t.co/uFnr0ZLk1G
As CNN Chief Congressional Correspondant Manu Raju pointed out, “Leahy is still expected to be able to vote in the trial,” so that certainly for someone to be presiding over the proceedings and then also voting, that would seem like a conflict of interest.
Leahy is still expected to be able to vote in the trial
— Manu Raju (@mkraju) January 25, 2021
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