Here’s Why Sen. Leahy Is Presiding Over Trump’s Second Impeachment Trial

Sen. Patrick Leahy presides over the second impeachment trial of former President Donald Trump rather than Chief Justice John Roberts. Here’s why Leahy’s role in the Senate puts him in that role.

The Constitution requires the chief justice of the Supreme Court to preside over a Senate impeachment trial. But because Trump is no longer in office, that leaves it to Leahy, as president pro tempore of the Senate. His office has historically overseen the impeachment trials of those no longer in office.

Elected to the Senate in 1975, the 80-year-old Democrat from Vermont is the longest-serving member of the chamber. As president pro tempora, his authority is second only to Vice President Kamala Harris, who also holds the role of Senate president.

Roberts presided over Trump’s first impeachment trial in the Senate after the president was impeached in 2019 by the House of Representatives for abuse of power and obstruction of justice in his role in asking for political favors from Ukraine.

Roberts did not cast a vote, saying it would be “inappropriate” for someone outside of Congress to weigh in on the issue, CNN reported. Leahy was on the losing side of a yea vote to convict Trump in his first impeachment trial.

The legal team defending the former president complained Monday that the trial will now be “overseen by a biased and partisan Senator,” the Reuters news service reported. But Michael Davidson, a former legal counsel for the Senate, told CNN that Leahy’s role would not be a partisan issue.

"He is part of the body that is conducting the trial,” he said. “His state will still have his representation in the Senate."

In a statement, Leahy noted that a sitting senator would no doubt have their own personal views on particularly issues, though the president pro tempore is tasked with serving as a neutral arbiter who issues rulings when appropriate and preserves order in the chamber.

To serve as Senate president pro tempore, Leahy said he’s required to take an additional oath of office swearing to uphold justice according to the laws of the land.

“When I preside over the impeachment trial of former President Donald Trump, I will not waver from my constitutional and sworn obligations to administer the trial with fairness, in accordance with the Constitution and the laws,” he said.

While president, Trump was convicted of one article of impeachment in the House of Representatives for inciting an insurrection on Jan. 6 when lawmakers were certifying the results of the Nov. 3 election.

If convicted by two-thirds of the Senate, an unlikely outcome given the 67 votes needed amid the chamber's current 50-50 split, he would be barred from ever holding political office again.