Dershowitz Sides With Trump On Impeachment

He thinks it's clearly unconstitutional to try a man already out of office.

Alan Dershowitz has a penchant of being where the legal fires are at the hottest. Be it the Von Bulow case or the last impeachment, this attorney is always up to his neck in legal action. This impeachment is no different.


FNC: “Harvard law professor and constitutional law expert Alan Dershowitz said the Senate does not have the jurisdiction to put ‘citizen Trump’ on trial. In a recent interview on Fox News’, Dershowitz argued the impeachment of President Donald Trump is unconstitutional.”

“There is no jurisdiction, you cannot put citizen Trump on trial…If you could do that, it would be … putting someone on trial who is not a sitting president and … implications would be horrendous. If you can impeach anyone who is not a sitting president, there are no limits to the power of the Congress to try ordinary citizens. It’s plainly unconstitutional and the Senate should not proceed with this unconstitutional act.

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“But they don’t want to actually bring it to trial,” Dershowitz added. “They just want to have the accusation hanging over him. It would be like a prosecutor indicting somebody for a serious crime and then saying, ,’But we’re not going to give you a trial where you can prove your innocence.’ The Constitution talks about impeachment as being a mechanism for removing somebody from office. It also says if you remove him from office, then you can disqualify him further, but you can’t just have a trial designed to disqualify him from running in 2024.”

Like his legal contemporary Jonathan Turley, Dershowitz was also in Trump’s corner during the first impeachment. But this is a different scenario. The first act was a farce. It was done with the foreknowledge that Trump would never be convicted in the Senate from both a political and legal angle. However, the second act could theoretically see 17 Republicans jump ship. Several have already indicated they would not automatically vote to acquit. Though, in a strange move, Pelosi has picked several underwhelming House impeachment managers. They include the security compromised and scandal ridden Eric Swalwell and Jamie Raskin, not considered telegenic or particularly charismatic. Why would she do this? What is she up to?

In a related story, Dershowitz also slammed a campaign at Harvard University to revoke the degrees of Trump officials and allies, including White House press secretary Kayleigh McEnany, Sen. Ted Cruz, R-Texas, and Rep. Dan Crenshaw, R-Texas.

“I will represent [for free] any Harvard graduate who has degree rescinded based on politics. The great danger is this was coming from our future leader. It has to be fought at every turn. We cannot allow free speech for me but not for thee, which is what we are seeing at Harvard and other institutions.”

David Kamioner
meet the author

David Kamioner is a veteran of U.S. Army Intelligence and an honors graduate of the University of Maryland's European Division. He also served with the Pershing Nuclear Brigade and the First Infantry Division. Subsequent to that he worked for two decades as a political consultant, was part of the American Red Cross Hurricane Katrina disaster relief effort in Louisiana, ran a homeless shelter for veterans in Philadelphia, and taught as a college instructor. He serves as a Contributing Editor for LifeZette.

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