At the beginning of the impeachment trial in the Senate Chamber, the Chief Justice — who presides over that trial — swears each and every senator an oath where they promise to be “impartial” during the proceedings.
What happens if a Democratic Senator asks Roberts to disqualify McConnell for publicly declaring that his loyalty lies with Donald Trump, and not with his Oath to impartiality. Just asking the question puts Roberts on the spot.
If Roberts declines to act on clear evidence that a leadership Senator is in violation of his own recently-sworn impartiality Oath, does that not put Roberts in the position of knowingly and publicly staying on to preside over a visibly corrupt adjudication process? As Chief Justice, can he stand for this without staining his own reputation and credibility — and forever dragging that stain back to the bench of the SCOTUS?? Would Roberts want to spoil his career and subsequently diminish the Roberts court by presiding over a process with this kind of stench? I'm guessing not.
On the other hand, if he does ask McConnell to recuse himself from the process and to have no back-channel contact with the “jurors” who remain in place, McConnell will probably refuse to bend the knee… and that could be the beginning of a constitutional crisis…and what chief justice wants to have a constitutional crisis bear his name?
Decisions (like a demand to recuse) of the Presiding Chief Justice can be overruled by a simple majority of the Senate. In a showdown between McConnell and Roberts, are there four (R) Senators who might break ranks and support the request for recusal… bringing America one more step closer to that constitutional crisis referenced above.
Certainly if Roberts was sitting on the bench during a jury trial (civil or criminal) and he was presented with proof that the jury foreman had declared his intention to be loyal in every way to the defendant — presiding judge Roberts would have no choice to declare a mistrial (and probably refer the matter to a District Attorney for criminal investigation). How is it possible for Roberts to avoid having the same instincts when challenged to act on compelling evidence that McConnell has done essentially the same thing just prior to this Senate trial.
This is gonna be messy folks, so messy that the constitution of the United States could be neutered, or that the decisions in the Senate Chamber could provoke organized violence on the street
Hang on for a shitstorm!
Here is the Oath that will be administered to Senators by Roberts:
I solemnly swear (or affirm) that in all things appertaining to the trial of President Donald John Trump, now pending, I will do impartial justice according to the Constitution and laws, so help me God.