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No, Chief Justice Roberts Cannot Issue Subpoenas

Roberts Swears in Senate
When Democrats lose in the legislature or at the ballot box, they generally run to the courts they have been stacking for decades with liberal activists to get their way. Such is the case with their claims that Chief Justice John Roberts, who is presiding over the Senate impeachment trial of President Trump, can issue subpoenas to compel the witnesses Democrats failed to bring forward during the House “investigation.”

Democrats who want to control what witnesses are called, or at least their apologists in the establishment media, seem to be hanging their hats on this section from the 1986 “Rules of Procedure and Practice in the Senate when sitting on Impeachment Trials” – this is the most recent update of the 1868 rules that governed the impeachment of President Andrew Johnson.

Rule V, authorizing the Chief Justice to issue any order, is the same from 1868. Rule VII was amended to include language about voting:

V. The Presiding Officer shall have power to make and issue, by himself or by the Secretary of the Senate, all orders, mandates, writs, and precepts authorized by these rules or by the Senate, and to make and enforce such other regulations and orders in the premises as the Senate may authorize or provide.

VII. The Presiding Officer of the Senate shall direct all necessary preparations in the Senate Chamber, and the Presiding Officer on the trial shall direct all the forms of proceedings while the Senate is sitting for the purpose of trying an impeachment, and all forms during the trial not otherwise specially provided for. And the Presiding Officer on the trial may rule on all questions of evidence including, but not limited to, questions of relevancy, materiality, and redundancy of evidence and incidental questions, which ruling shall stand as the judgment of the Senate, unless some Member of the Senate shall ask that a formal vote be taken thereon, in which case it shall be submitted to the Senate for decision without debate; or he may at his option, in the first instance, submit any such question to a vote of the Members of the Senate. Upon all such questions the vote shall be taken in accordance with the Standing Rules of the Senate.

The problem is that the Senate, in the resolution setting up the trial rules for the impeachment of President Trump set a different procedure – and the resolution governs.

The resolution says that during the four hours allotted for debate after the Senators ask their questions, the Senate may consider the “question of whether it shall be in order to consider and debate under the impeachment rules any motion to subpoena witnesses or documents.”

So only Senators may identify a witness to be called and no witnesses may be called unless the Senate specifically votes to allow a motion to be filed regarding whether the witness issue will even be debated, and no witnesses will be called unless the answer to that is a “yes” vote, and then there is a “yes” vote to actually call witnesses.

Fortunately, Senator Josh Hawley (R-MO) has drafted motions to call all the relevant witnesses.

Hawley told Fox & Friends that if witnesses are allowed in President Trump’s Senate impeachment trial, then lead House Democrat impeachment manager Adam Schiff, former Vice President Joe Biden and his son Hunter, as well as the fake “whistleblower” should all be called to testify.

“If my colleagues and others decide, you know what, we have got to have witnesses, then let's call everybody who is going to be relevant,” said Hawley, who serves on the Senate Judiciary Committee.

“This isn't just about [former national security adviser] John Bolton. This should be about the whistleblower, Adam Schiff, Hunter Biden -- let’s hear from them all.”

“If the Senate decides to call witnesses later this week, we need to hear from Adam Schiff number one,” Hawley told Fox & Friends. “We know his staff had contact with the so-called whistleblower before the whistleblower filed his complaint. We know that Schiff's staff gave the whistleblower direction. I want to know what direction. I want to know what they talked about.”

“By the way, Schiff lied about that. Why did he? I think we ought to find that out,” Hawley continued, adding that Hunter Biden should testify, too, because “he is right at the center of this.”

“What was he doing in Ukraine? What was he doing with Burisma [Holdings]?" the Missouri lawmaker asked. "And probably Joe Biden. What did Joe Biden know when he asked the Ukrainians to fire that prosecutor who was looking into Hunter?”

Hunter Biden served on the board of Burisma Holdings, a Ukrainian gas company at the center of a scandal. He was a member of the board while his father was vice president. This was why President Trump wanted the Ukrainian government to investigate the Bidens in the fateful phone call that ultimately resulted in his impeachment by the House of Representatives, noted the Fox & Friends team.

No matter how hard the Democrats try to spin this to influence the media narrative, and Chief Justice Roberts. the bottom line is that 51 Senators will decide who – if any – witnesses will be called.

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Chief Justice Roberts

Why aren't we moving to impeach the Chief Justice? This man took it upon himself to re-write the ACA so it could stand as law, changing the Congressional "penalty" into a tax. It is NOT the role of the Supreme Court to write, re-write, or correct law as written by Congress.
Now this same man stands before the Senate, a co-equal branch of government, and refuses to read a question posed by a Senator? On what grounds, please? If he is protecting the whistleblower, please have him explain how a person WITH ZERO FIRST-HAND KNOWLEDGE OF AN EVENT, qualifies as a whistleblower?
Sorry, but John Roberts is one sorry excuse for a Supreme Court Justice, and should be removed from the Court forthwith.
In the same vein, and in the interests of protecting the US Constitution for the people of this nation, TERM LIMITS are needed in ALL branches of government, the Court included. Currently, the President is the only office that is term-limited.