A Democrat Judge and juror
In the defense memo, Trump’s legal team argues that the trial should be thrown out after the Democrats waited to send impeachment articles in order to have a Democrat preside over the trial instead of Chief Justice John Roberts.
The defense memo states:
“This time the Speaker apparently held the Articles over so that she could effectively, maneuver an ally in the Senate into the judge’s chair. Once the 45th President’s term expired, and the House chose to allow jurisdiction to lapse on the Article of Impeachment, the constitutional mandate for the Chief Justice to preside at all impeachments involving the President disappears. Now, instead of the Chief Justice, the trial will be overseen by a biased and partisan Senator who will purportedly also act as a juror while ruling on issues that arise during trial. The Senate, in reviewing the House actions, should immediately dismiss this case because the process was completely unfair and one-sided.”