Dear Reader,

A second Senate impeachment trial of Donald Trump is upon us, and, like last time, there are questions about procedure and precedent. The biggest difference, of course, is that Trump no longer holds office. To Republicans who I believe misread the Constitution, ignore at least two precedents, and may simply want to avoid a debate about the merits of the insurrection case, departure from the presidency precludes any trial in the Senate. This week every Senate Republican but five voted to dismiss the proceedings on this ground. The trial will nonetheless go on because the overall vote was 55-45 in favor.

The other consequence of Trump’s no longer being President bears on the identity of the presiding officer. In 2020, Chief Justice John Roberts presided, as the Constitution clearly states that in the case of a President being impeached, the Chief Justice must serve that function. But the Constitution says nothing about the head of our judicial branch presiding for the trial of a former President. Therefore, given that Roberts clearly wants nothing to do with round two, the longest-serving Democratic Senator, Patrick Leahy, will preside. This has spurred some confusion and criticism.

It is not the best look, but it is not as peculiar and worrisome as some may think. First, the presiding officer doesn’t do much. Do you recall Justice Roberts making any substantial or substantive ruling that affected the conduct of the first Senate trial? Neither do I, because he did not. The job is largely ceremonial and ministerial, and that’s perhaps one reason that Roberts is abstaining now that he has the choice.