Senator Patrick J. Leahy, Senate pro tempore president, is expected to preside over former President Donald J. Trump’s impeachment trial when he formally starts on Tuesday, assuming a position filled last year by court president John G. Roberts Jr., advisers and other officials said on Monday.
The Constitution states that the President of the United States Court of Justice presides over any impeachment trial of the President or Vice President. But it does not provide explicit guidance on who should oversee the process for others, including former presidents, and it appeared that Justice President Roberts was not interested in reprising a lengthy role that would place him and the Supreme Court directly in the turbulent political struggle for Mr. Trump.
Leahy, a Democrat from Vermont, recently regained the mantle of president pro tempore – the position reserved for the longest-serving member of the majority party – when Democrats took control of the Senate. Mr. Leahy, 80, has been in office since 1974.
The role was largely ceremonial in Trump’s first impeachment trial a year ago. But, as president, Leahy could issue decisions on key issues surrounding the admissibility of evidence and whether the trial of a former president is allowed by the constitution. (Mr. Leahy is also expected to have a vote at the trial, like other senators.)
The post could also have been assigned to Vice President Kamala Harris, as President of the Senate. But there were clear disadvantages for Harris in overseeing what would likely be a dividing process that is almost certain to be seen by some as an attempt by Democrats to use their new power to punish the leader of the rival political party.
Leahy’s presence on the dais could lead Democrats to similar charges from the right, especially if he issues a contentious decision, but officials said there was no clear alternative without the court president. In a statement, Leahy said he would “take extraordinarily seriously” his oath to administer “impartial justice”.
“When I preside over former President Donald Trump’s impeachment trial, I will not waver from my constitutional and sworn obligations to administer the trial fairly, in accordance with the constitution and the laws,” he said.
Senate advisers have suggested that Harris may still step in to break the tie if the trial reaches a 50-50 stalemate, as it can in the normal course of Senate business.
It would take two-thirds of the Senate, 67 votes, to convict Trump, but if he were convicted, only a simple majority would be needed to prevent him from taking office again.
The court’s president declined to comment via a spokeswoman.