Can Chief Justice John G. Roberts Jr. break a 50-50 tie in the Senate on the question of subpoenaing former national security advisor John Bolton?
With increasing prospects of a 50-50 tie on the Friday vote to subpoena witnesses in President Trump’s impeachment trial, Democrats are considering how they might be able to nudge Chief Justice John G. Roberts Jr. to weigh in on the issue and break the deadlock.
There are risks for Democrats, too. If Roberts ruled against calling witnesses, it would be hard for Democrats to dismiss the Senate trial as a sham over its failure to issue subpoenas, since Roberts — at their behest — would have blessed that decision. Still Democrats are considering how they may try again, such as seeking a vote on a motion that would specifically enable the chief justice to break the tie.“Absolutely,” said Sen. Chris Coons when asked if Democrats should ask the chief to break a tie. “It would seem to me that if we’re literally sort of hanging on a precipice, we would.”
Democrats have little to lose by trying to involve the chief justice. Though Sens. Susan Collins and Mitt Romney have both said they are likely to support hearing from witnesses, it’s unclear whether there is even one more vote, much less two. Sen. Lisa Murkowski , a third potential vote for witnesses, hasn’t tipped her hand.There is precedent for the chief justice to break a tie during a presidential impeachment.
“I don’t think he can vote. I know he can’t vote,” said Sen. Lindsey Graham , chairman of the Judiciary Committee.
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