This week, House Democrats revealed two articles of impeachment against Donald Trump, one of which was centered on the nebulous allegation that the president’s conduct with regard to Ukraine amounted to an “abuse of power.” But according to at least one Fox News legal analyst, that’s a charge of which Rep. Adam Schiff (D-CA) is actually guilty.
During an appearance on Tuesday’s installment of The Ingraham Angle, Gregg Jarrett laid out his case against the House Intelligence Committee chairman.
“Schiff, in particular, is guilty of abuse of power himself because he is defying the dictates of the federal courts that have said due process applies to congressional investigations — which would include impeachment,” he began.
“He has denied access to the White House during his hearings,” Jarrett continued. “He cut-off cross examination, and he has essentially railroaded the process in violation of due process rights.”
Charges “simply made up”
Jarrett’s fellow guests on Ingraham’s show were Rep. Lee Zeldin (R-NY) and legal scholar Alan Dershowitz, both of whom had similar complaints.
“They actually did prove abuse of power and obstruction of Congress…they’re actually guilty of the two articles that they’re bringing, not President Trump,” Zeldin asserted.
Meanwhile, Dershowitz said that the charges against Trump were being “simply made up.”
“There is nothing in the Constitution about abuse of power, there is nothing in the Constitution about obstruction of Congress. The Constitution provides the four criteria: treason, bribery, and other high crimes and misdemeanors. And it is an abuse by Congress to impeach a president on grounds not in the Constitution,” he opined.
“Congress is not above the law,” he went on. “They can’t just make it up. And the two that they selected, abuse of power and obstruction of Congress can be used against any president if the other side controls the House. It could also be used, as [Laura Ingraham] suggested, against House members.”
What the Founders feared
Dershowitz condemned the articles as “so vague and open ended” that “they’re exactly what James Madison rejected at the Constitutional Convention and what Alexander Hamilton said was the greatest danger.”
“The greatest danger,” he insisted, “is impeachment will turn on who has the most votes in the House, rather than on the guilt or innocence of a person who has to be charged with specified constitutional offenses.
“What they’ve done,” Dershowitz concluded definitively, “is unconstitutional.”