This post appears here courtesy of the John Locke Foundation
. The author of this post is Mitch Kokai
Mary Kay Linge writes
for the New York Post about one U.S. senator's interesting take on the second impeachment of Donald Trump.
- As Democrats plunge ahead with a post-term impeachment trial of President Donald Trump, a key question remains: Will Chief Justice Roberts take the case?
- Republican Sen. Rand Paul of Kentucky says he won't — making the exercise "a fake, partisan impeachment," the lawmaker told Fox News' Sean Hannity Friday.
- Paul claimed Roberts has "privately said he's not supposed to come unless it's an impeachment of the president."
- According to the US Constitution, "when the President of the United States is tried, the Chief Justice shall preside" — a requirement not made for any other impeachment case.
- As lawmakers debated the legitimacy of impeachment, the Biden administration continued to keep its distance from the issue.
- "Congress is going to do what Congress does," Ashley Etienne, Vice President Kamala Harris' communications director, told MSNBC Saturday.
- One thing Trump enemies in Congress appear to be doing is grasping at straws — even reaching back to a post-Civil War amendment.
- Several Dems have floated the idea of punishing Trump with the 14th Amendment's rule that shuts those who "engaged in insurrection or rebellion" out of elective office.
- "I certainly think there is a 14th Amendment avenue separate and aside from impeachment," Connecticut Sen. Chris Murphy told The Hill.
- But the stricture, which was written to prevent former Confederate loyalists from regaining power as the United States struggled through Reconstruction, has not been used since — and would spark a long judicial battle if Congress attempted to invoke it, legal experts say.
- Meanwhile, with Trump no longer in the White House, Republicans like Paul continued to deride the impeachment as "an illegitimate procedure."
- Biden says he'd be OK with delay in Trump impeachment trial to get 'up and running'
- Roberts, who has not said publicly whether he will preside over the trial, has two more weeks to decide.