The Democrat-controlled House Judiciary Committee passed two articles of impeachment on Friday morning, one alleging an “abuse of power” by President Donald Trump, and another charging him with “obstruction of Congress” over his failure to cooperate with the impeachment inquiry.
But while both articles have hardly a leg to stand on, Harvard law professor Alan Dershowitz believes the second article has already been thrown out the door thanks to action taken by the Supreme Court on Friday, Breitbart reports.
“The most important development”
During an appearance Friday night with Fox News host Sean Hannity, the attorney and Fox News contributor referenced the Supreme Court’s Friday announcement that it would take up President Trump’s appeals of three separate cases involving subpoenas for his financial records, one by the Manhattan, New York’s district attorney, and two others by three Democrat-controlled House committees.
“Look, the most important development happened today,” Dershowitz said. “The Supreme Court of the United States absolutely pulled the rug out of part two of the impeachment referral by granting certiorari, by granting review in a case where Trump challenged a congressional subpoena.”
He went on: “Think of what that message is, it’s: Trump was right. You don’t have to comply with a subpoena of Congress unless a court tells you you have to comply.”
“All done. It’s over.”
According to NBC News, the Dems’ second article of impeachment, centered around the president’s alleged “obstruction of Congress,” specifically charged that Trump had unlawfully “directed the unprecedented, categorical, and indiscriminate defiance of subpoenas issued by the House of Representatives.”
But as Dershowitz noted, the mere fact that the Supreme Court agreed to review Trump’s challenges against the subpoenas makes it clear that it is not at all unlawful, but rather standard practice, for such disputes between branches of government to be handled in the courts.
“Now, we don’t know how the court is going to come out. But they made it clear that’s a viable issue,” Dershowitz said. “So that charge, that ground of impeachment, should be immediately removed by the House and not sent to the Senate.
“There’s nothing to it anymore after the Supreme Court today said you’re entitled to a review on an issue when the president challenges the subpoena power of Congress,” the professor added. “All done. It’s over.”
To be sure, there remains the possibility the court could ultimately rule against the president and order the release of his tax returns — which could pose problems for Trump as he seeks re-election — but in terms of the Democrats’ ridiculous notion that resisting congressional subpoenas constitutes an impeachable offense, it seems the president has nothing to worry about.
Take a look at a clip of Dershowitz’s appearance on Hannity: