Who May/Should Preside Over Former President Trump’s Second Impeachment Trial?

VIKRAM DAVID AMAR, JASON MAZZONE

Illinois law dean Vikram David Amar and professor Jason Mazzone argue that the constitutional ambiguity over who may preside over former President Trump’s second impeachment trial supports the conclusion that the Senate should ask Chief Justice John Roberts to preside. Dean Amar and Professor Mazzone explain why other people—such as Senate President Pro Tempore, the Vice President, and any other senator—are not ideal options because of real or perceived conflicts.

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California v. Harris

Docket: E074136(Fourth Appellate District)

Opinion Date: February 3, 2021

Judge: Menetrez

Areas of Law: Constitutional Law, Criminal Law

In 2010, Terrence Harris was charged along with three other individuals with one count of premeditated first degree murder in the commission or attempted commission of a robbery, and two counts of robbery. Harris pled guilty to the two counts of robbery and one count each of attempted murder and voluntary manslaughter in exchange for dismissal of the murder count. The parties agreed to a stipulated prison term of 16 years four months, which the trial court imposed at sentencing. In 2019, following the passage of Senate Bill No. 1437 (2017-2018 Reg. Sess.), Harris petitioned for resentencing under Penal Code section 1170.95. The trial court denied the petition, concluding that section 1170.95 provided relief for murder convictions only. He appealed, but finding no reversible error, the Court of Appeal affirmed the trial court.