If he's to be tried as a holder of public office, it's only logical that Roberts must preside. Because POTUS Trump is on trial, not an ordinary citizen Trump. Even if his term expired.
If he's to be tried as a citizen, the impeachment can't proceed, because only a holder of public office can be impeached.
In practice:
Dems will dress up as clowns, honk around and make their own rules, and if the SCOTUS is called upon, they'll make up some reason to refuse to get involved.
Even if he WAS HOLDER OF PUBLIC OFFICE at the time of a given allegation?
This came up repeatedly in the talks of how the walls would come down around Obama.
I never got an answer / solution I had confidence in.
Does anyone know?
Seems like "unchartered whatever-we-say-it-is territory" like the general lawfare happening around Communist USSA
In theory:
If he's to be tried as a holder of public office, it's only logical that Roberts must preside. Because POTUS Trump is on trial, not an ordinary citizen Trump. Even if his term expired.
If he's to be tried as a citizen, the impeachment can't proceed, because only a holder of public office can be impeached.
In practice:
Dems will dress up as clowns, honk around and make their own rules, and if the SCOTUS is called upon, they'll make up some reason to refuse to get involved.
So more Kabuki theater.
GOES BACK TO WATCHING THE MOVIE
Can a foreign government impeach a sitting president (of the Republic) according to constitutional law (pre-1871)?