Dershowitz says impeachment effort ‘like a loaded weapon’ aimed at future presidents

President Donald Trump’s adversaries are pushing for a second impeachment effort in the final days of his term after a deadly riot took place on Capitol Hill last week.

Constitutional scholar Alan Dershowitz, however, decried the move this week as one that would be unlikely to result in a Senate trial but could present a “loaded weapon” aimed at future presidents in both parties. The Harvard law professor made his stark prediction during an interview with Fox News Channel’s Maria Bartiromo on Sunday.

“There are no lawyers involved”

Renewed calls for Trump to be ousted from the White House prematurely came after a speech he gave in D.C. on Wednesday preceded a siege of the U.S. Capitol building by his supporters who were protesting the results of the Electoral College vote tally. Claims that the president incited a riot, even if true, would not be enough to warrant a crime, according to Dershowitz.

Bartiromo asked her guest if he would be willing to represent Trump in an impeachment trial, to which he responded: “It will not go to trial.”

Dershowitz laid out the expected path of this last-minute impeachment effort, noting that it could sail through the House but still hit a brick wall in the Senate.

“All the Democrats can do is impeach the president in the House of Representatives,” he said. “For that, all you need is a majority vote. You don’t have to take evidence, there are no lawyers involved. But the case cannot come to trial in the Senate because the Senate has rules and the rules would not allow the case to come to trial until — according to the majority leader — until 1 p.m. on Jan. 20, one hour after President Trump leaves office.”

While the Constitution states that “the president shall be removed from office upon impeachment,” Dershowitz noted that it makes no such mention of a “former president.”

“Totally appropriate”

Clarifying that Trump will be a “private citizen” by the time senators have a say in the matter, he said that its “jurisdiction is limited to a sitting president, so there won’t be a trial.”

Nevertheless, Dershowitz shared his concern that an overly broad interpretation of impeachment now could have a chilling impact on the future of the First Amendment.

“It would lie around like a loaded weapon ready to be used by either party against the other party,” he added.

While he personally disapproved of Trump’s rhetoric ahead of the riot, Dershowitz affirmed that it was clearly protected “within core political speech, and to impeach a president for exercising his First Amendment rights would be so dangerous to the Constitution.”

Despite bipartisan denunciation of his speech last week, Trump on Tuesday asserted that he also received widespread support for what he dubbed “totally appropriate” remarks.

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43 Responses

      1. It’s a sad dark day when I believed President Trump had picked ,intelligent Christian Republicans, to Make America Great Again , those people closet to Our President,have Stabbed the ONLY PRESIDENT WHO WORKED FOR THE PEOPLE NOT AGAINST THE PEOPLE

    1. I agree. I forecast a modification to amendment 1, and 25 in the near future. social media created the cause and the Constitution does not claify casue and acts for the current situation/riot at the WH.

    2. Thank you for your service to God and our Country sir! I, too, am from a predominately Military family, including my dad. Truly sad that our Military is not highly regarded as you all have fought for our Freedoms & Rights. May God Bless you & your family forever, and some day, the Justice Department will grow a pair, stand up and fight all this corruption. I applause you sir. Aloha!

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  2. Forgive me; all you haters. We did NOT see anything wrong with the speech.
    In fact; Trump was relatively subdued in trying to say the right things; that the media can’t jump on and contextualize.
    Our image of Trump has been carefully deconstructed by a hateful group of Democrats who found a compliant Media to publish their hate.
    It should also be noted that this same media is part of the greater Tump hating mechanism.
    No way our President could even remotely hope for a fair shake.

      1. Pelosi lies all the time. She never hears herself. Neither do a lot of the Democratic Party. Yes, we have traitors in the Republican Party too, and they need to be dealt with also.

  3. Piglosi and “ friends” should be impeached for fomenting an insurrection! They need to be ousted ASAP and not allowed to hold any political office in the future. President Trump should institute a limited martial law, put the in front of a military tribunal for sedition and prosecute them.

    1. AMEN! I was sickened today listening to the blatant lies from our elected officials. I want to see all the communists in our government tried for inciting riots all summer long and the 4 year attempted coup.

      1. Jason Treanor: Exactly! They’ve blatantly told lies (Democrats/traitor Republicans) all throughout President Trump’s term..and played all kinds of games, very deadly games with the American Patriots, and nothing has come of it. Their disregard for the Constitution & Law are relentless and to keep fueling the fire & throwing disinformation into the People’s faces. Who are the racists? I’d love to see our POTUS claim Martial Law NOW! Let’s bring the crooks to Justice, I feel this may be a giant step for reconciliation. Maybe for the common sense people…

  4. all summer long we watched as rioting, burning of buildings, monuments destroyed and our President in danger and it was called peaceful protesting
    the Democrats should have been held accountable for the threats made on our President and nothing was done. I believe this impeachment is being done to take the eyes off the crookedness of the opposing party.

    1. If we’re watching another bogus impeachment we won’t notice all the people who gave sworn affidavits of election fraud disappearing.

      1. You are right! Also, now that Italy has the man in custody that actually programmed the voting machines via their military satellite to change Trump votes to Biden. Why isn’t something being done?! Our courts including the Supreme Court are crooked. The FBI, CIA, and the entire Democratic Party are crooked. The FBI hid Hunter’s lap top. They were all scared to death of Trump. All fraudulent election.

        1. So correct Patricia. Remember as we see this corruption so easily, Our God is not mocked. Vengeance is His. His almighty will be done. Amen

    2. Everything the Democratic Party is doing is the great “diversion Tactic!” When Obama was President, we had 2 big Virus’ out there (and they were deadly too) but there was none of this Power & Control Act, nor were there were made to wear masks, shut down businesses, stay home, can’t go no where, and you can be in groups of 5 (must be family members). The sad part is that, if your a family of more than 5, is this a pick & choose situation? Absolutely absurd! You should read up on what our Mayor & Governor shoved out on us local people. Obama definitely did a great job of dividing the Nation. I can say this, I did not vote for him, and yes! He was not born in Hawaii, he was born in Kenya. This whole situation needs to be dealt with, and I mean severely, as we all are suffering, big time. This will never resolved unless our voices are heard. Thank you for your comment. Aloha!

  5. All these Democrats are. A bunch of lying thieves. They cheated President Trump out of this election Pelosi had the hail to impeach him twice. The old hag needs to be impeached along with her buddies. What a man to be a president. He is a crook a liar and he was a large part in this election money can buy what he wants. He needs to be brought up on charges for what he has done. Pelosi is the worst one. They all need to be gone. There are a lot of crooked people in the Democrats. A lot of them belong bars. Hilary obama Bill Clinton the old billionaire that pays for the riots there are two many to mention. I for one will not consider him my president. You people who wanted hi for your President will be sorry

  6. Awesome information about the constitution of the United States and the process of impeachment of any President very concerned about future actions by congress?

  7. Pelosi should be impeached immediately. She is a current danger to everyone.
    Her teeth could fall out at any given moment and someone could slip and break their neck.

  8. iam a canadain i never seen so much hatred toward,s one man by the sicko democrat,s and to me the crooked bunch of democrat,s like peplosi and schumber nader and 10 gop who voted for impeachment may their journey to 2022 be a rough ride,and the deep state need,s to be in prison hillary her croonie husband bill also all fbi who was involved in the dossier need to be in prison,for alll american,s need to built up again under a trustworthy gop or different party take these dishonest politicion,s out,so much hatred and greed for power soro,s should of been hauled in tried for treason i pray for all democrat,s to fail miseralbly/

  9. For all my 78 years on this earth, I am not aware of ANY U.S. President who has done as much for this country as has President Trump. And, during his entire Presidency, Speaker Pelosi has done NOTHING but attack President Trump. Where is the justice? As a retired Navy Lieutenant, I fear for the future of my great grandchildren who will NEVER know the America God has given us.

    1. I THINK THE SAME WAY AND IAM 87 NONE AS GOOD AS PRESIDENT DONALD J TRUMP !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  10. Praying all the dirt on those dirty lying cheating Democrats comes out in the next few days. They all need to be put in prison. They have done nothing in 4 years that has been good. President Trump has fought for our country every day. The tax payer dollars that have been wasted trying to get him out of office. What is it they are so afraid of? I pray we find out soon. We love you President Trump and still support you and stand with you. The cheating needs to be investigated. We all know it happened right in front of us. Trump 2020!!!

  11. is this one of the sites that monitor your response. Gee i hope I’m not offending any self righteous scumbags. the demonicRATS the state and federal judges in the battle ground states as well as the legislatures have the blood on Their hands. Not to mention the supreme court not looking into violations of federal law. Now they call for unity and try to impeach the president again. such hate!!!!!!!!!!!!!!

  12. These House Members , with Nancy Pelsoi, being the first one to go: should be removed from their positions and excommunicated from this nation. They are very scary people and they bring a lot of harm to America. Their judgement skills are LESS THAN COMPETENT and you just never know why their crazy minds will come up with next!!! People like this WE DO NOT NEED!!!

  13. I found his statement rather enlightening,…“All the Democrats can do is impeach the president in the House of Representatives,” he said. “For that, all you need is a majority vote. You don’t have to take evidence, there are no lawyers involved. But the case cannot come to trial in the Senate because THE SENATE HAS RULES (emphasis added) and the rules would not allow the case to come to trial until — according to the majority leader — until 1 p.m. on Jan. 20, one hour after President Trump leaves office.” Makes me wonder if Pelosi is aware of that fact! It also implies that perhaps the House is more of a loose Canon where anything goes as long as it gets the most votes. Either way Trump is my President, however his decision to leave for the sake of Peace isnt very popular in light of election fraud allegations. Sends a sour message!

  14. Trump has been impeached twice in his first term! Biden might be able to outdo Trump in one category by being impeached three or more times in his first and last term! But the impeachers better hurry and beat the fellow with the scythe!

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