Daily Discussion Thread - February 9th, 2021
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Theory: dems know that Trump is still the sitting President or will be declared as the election winner, so the argument of not trying Trump bc he is a private citizen is null and void. Shouldn’t his defense rather be based on the fact that a. There was no actual “insurrection”, and B. That whatever happened on the 6th was not incited by him and/or they can’t even prove that it was Trump supporters causing the problems. Or, maybe this question about constitutionality is just for this phase, and if it proceeds they will advance other defenses. Please disprove my theory. Thanks
If that were the case, Roberts wouldn’t have refused to preside.
Why didn't Roberts assign a replacement Justice? Since he didn't, it would make sense that Roberts refused to preside because of the constitutionality issue.
We are on the same page. If he thought it were constitutional, he’d have to preside.