Harvard Law School professor, renowned defense attorney, and constitutional scholar Alan Dershowitz, a liberal, has been working overtime to undermine the Democrats’ latest impeachment attempt of President Donald Trump.
Dershowitz on Monday argued that the Senate trial portion of the planned impeachment of President Trump would be unconstitutional while also exposing the real reason that Democrats are pursuing it.
Dershowitz on impeachment
The former Harvard Law professor made his argument during an appearance on Fox News Channel’s “Hannity.”
“All the Democrats want to do is simply impeach him,” Dershowitz said. “They can do that. All you need is to have the votes, the majority, and [Alexander] Hamilton warned against impeachment simply by having the majority. But, they don’t want to actually bring it to trial.”
Dershowitz explained that the Democrats, here, are looking to have an “accusation hanging over” President Trump, likening the situation to “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.'”
Dershowitz went on to explain that, at this point, a Senate impeachment trial would be unconstitutional. According to Dershowitz, the impeachment trial is for the sole purpose of “removing somebody from office,” and since President Trump would be out of office by the time such a trial took place – January 20 or 21 at the earliest – it would not be possible to remove him.
The only other possibility here is that the Democrats are pursuing an impeachment trial to prevent President Trump from ever running for office again. But, according to Dershowitz, “you can’t just have a trial designed to disqualify him from running in 2024.”
Dershowitz’ take on the “incitement of violence” claim
The impetus for the Democrats’ impeachment effort is the riot that occurred at the U.S. Capitol building on January 6th. They have blamed President Trump for “inciting” the violence that took place with a speech that he gave beforehand, and it appears that this will be the main thrust of their impeachment argument.
Dershowitz has stated that he doesn’t personally agree with Trump’s actions leading up to the riot. He, however, has repeatedly argued that what President Trump said is constitutionally protected speech.
“This has happened 100 times at the Capitol,” Dershowitz said. “That’s quintessential American political rhetoric protected by the First Amendment to the Constitution.”
Despite all of this, the Democrats are expected to go ahead with impeachment attempting to impeach President Trump for the second time. Dershowitz was a member of President Trump’s defense team for the first impeachment trial, and he has said that he “would be honored to once again defend the Constitution against partisan efforts to weaponize it for political purposes.”
President Trump, reportedly, is considering naming Dershowitz and former New York City Mayor Rudy Giuliani to his defense team.