According to reports, Sen. Patrick Leahy, (D-VT) -- not Supreme Court Justice John Roberts -- will preside over former President Trump's upcoming impeachment trial. Leahy is the president pro tempore of the Senate, making him third in the line of presidential succession, after the vice president and House speaker.
Responding to the news, Sen. John Cornyn fired off a tweet protesting the development, calling it "unprecedented."
"...never happened in all of American history," Cornyn wrote. "So there isn't a Senate rule or constitutional provision authorizing this. How does a Senator preside, like a judge, and serve as juror too?"
But Coryn's tweet received a swift fact check from author and former diplomat Norm Eisen, telling him that his assertion simply is "not true."
"The president pro tem has often presided in impeachment trials. Claiborne, Hastings, Kent, Walter Nixon, etc. etc. Presidents are not above the law, they are subject to the same rules as any other impeachee," Eisen wrote.
That is not true. The president pro tem has often presided in impeachment trials. Claiborne, Hastings, Kent, Walte… https://t.co/wwXCwKjGgM— Norm Eisen (@Norm Eisen)1611610449.0