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on Jan. 31, 2020, Chief Justice John Roberts said it would be “inappropriate” for him to break any 50-50 tie votes during the Trump impeachment trial.
Senate Minority Leader Chuck Schumer (D-NY) asked presiding officer Chief Justice John Roberts if he was aware of a precedent for him casting tie-breaking votes as the Senate prepared to cast more votes to table several Schumer resolutions on witnesses and evidence.
Schumer cited the 1868 Senate impeachment trial of President Andrew Johnson presided over by Chief Justice Salmon Chase in which he cast two tie-breaking votes.
Roberts said that he won’t break ties during impeachment trial: “I am, Mr. Leader. The one concerned a motion to adjourn, the other concerned a motion to close deliberations. I do not regard those isolated episodes 150 years ago as sufficient to support a general authority to break ties. If the members of this body, elected by the People and accountable to them, divide equally on a motion, the normal rule is that the motion fails. I think it would be inappropriate for me, an unelected official from a different branch of government, to assert the power to change that result so that the motion would succeed.”
On Jan. 30, 2020, Sen. Rand Paul tried to ask a question related to the whistleblower who sparked the investigation leading to Trump’s impeachment. Paul tweeted several versions of a question that asks whether the individual had “a close relationship” with a former National Security Council staffer who now works for the House Intelligence Committee.
“The presiding officer declines to read the question as submitted,” Roberts said after receiving the question card.
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On Jan. 30, 2020, Roberts read a question from Sen. Elizabeth Warren, D-Mass. :”The question from Sen. Warren is for the House managers: ‘At a time when large majorities of Americans have lost faith in government, does the fact that the chief justice is presiding over an impeachment trial in which Republican senators have thus far refused to allow witnesses or evidence contribute to the loss of legitimacy of the chief justice, the Supreme Court and the Constitution?”
Roberts read Warren’s question and stared in her direction at least for 5 seconds. While the chief justice likely viewed the question as an attempt at intimidation, he read it with a poker face.
Replying to Warren’s question, the lead House manager, Adam Schiff said: “Senator, I would not say that it contributes to a loss of confidence in the chief justice. I think the chief justice has presided admirably.”
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Three unexpected momments from Chief Justice Roberts during Senate impeachment trial https://t.co/GoiqbZeJrH
— HYGO News (@HygoNews) February 1, 2020