WASHINGTON, DC- Once again, House Democrats, along with ten ill-advised Republicans have engaged in a sham impeachment of now-former President Donald Trump. And by so-doing, constitutional law expert Alan Dershowitz told Newsmax TV, the House members who did so violated the Constitution a staggering six times.
According to Dershowitz, President Trump did not commit any impeachable offenses as alleged by the House, where Speaker Nancy Pelosi has said she will deliver the articles impeachment to the Senate this Monday. Unfortunately Dershowitz says, they are immune from reprisals.
“We all hear that the president is not above the law, but Congress is not above the law: When Congress impeached the president earlier this week, they committed six independent violations of the Constitution,” Dershowitz said on “Saturday Report.”
Dershowitz by the way is no conservative. He is considered to be rather liberal, but aside from that, he is a constitutionalist. He is also not a fan of President Trump, but he has tremendous respect for the office of the presidency, having helped defend Trump from the last bogus impeachment.
Aside from his interview with Newsmax, Dershowitz also wrote a piece for The Hill, noting the “six separate provisions of the Constitution” the House violated in impeaching Trump again.
“First, it violated the First Amendment, which prohibits the government from abridging free speech. By impeaching Trump for free speech that was protected by the unanimous Supreme Court decision in the case of Brandenburg versus Ohio, the First Amendment was violated.”
Under the articles of impeachment submitted for Trump, in which he was accused of encouraging an “insurrection,” they quoted him as saying, “If you don’t fight like hell you’re not going to have a country anymore,” claiming those words incited a mob to storm the Capitol.
However, one important part of context was missing from that allegation…the follow up where he said:
“I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard.”
In addition, a timeline of the Capitol siege showed that the breach occurred while the president was still speaking, which should serve to debunk the allegation that Trump’s final words stirred up a frenzied crowd.
“Second, the House violated the substantive impeachment criteria in the Constitution, which limits impeachment to ‘treason, bribery, or other high crimes and misdemeanors.’ It cannot be a high crime or misdemeanor for a president to deliver remarks protected by the Constitution.
If Congress can pass no law abridging free speech, then it certainly cannot pass one impeachment resolution abridging free speech of a president.”
If this is the bar which Democrats are setting as far as stirring up an “insurrection,” what of the comments made by a number of Democrats last summer which served to encourage mobs of miscreants to riot in cities, attacking police officers and destroying property?
In citing the third constitutional violation, Dershowitz said:
“Third, it violated due process by giving the president and his legal team no opportunity to present a defense or to formally challenge the articles of impeachment.”
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“Fourth, by trying to put Trump on trial in the Senate after he leaves office, the House violated the provision that allows Congress to remove a sitting president [emphasis added] and, only if the Senate decides to remove him by a vote, could it add the sanction of future disbarment from running for office.
Congress has no authority over any president once he leaves office. If Congress had the power to impeach a private citizen to prevent him from running in the future, it could claim jurisdiction over millions of Americans eligible to be candidates for president in 2024.
This would be a dangerous reading of the Constitution that would allow the party in Control of Congress to impeach a popular candidate and preclude him from running.”
Think of the ramifications of such power. As Professor Dershowitz noted, allowing Congress such powers would be extremely dangerous for our Republic. Democrats are drunk with power and unfortunately ten brain-dead Republicans seem more than willing to satiate that power grab.
“Fifth, if the Senate were to conduct a trial of a private citizen, including a former president, then it would violate both the spirt and the letter of the prohibition against bills of attainder.
In Great Britain, Parliament had the authority to try kings, other officials and private citizens. The Framers of the Constitution rejected that power of Congress and also limited its trial jurisdiction to impeaching government officials only while they served in office and could be removed.
To conduct a show trial of a past president would be in violation of the prohibition against bills of attainder.”
Finally, Dershowitz said:
“Sixth, Congress voted in favor of a resolution calling on [then] Vice President Mike Pence to violate the 25th Amendment of the Constitution by falsely declaring that Trump is unable to continue to perform his duties.
It is clear that the Framers of the 25th Amendment had intended it to apply on to presidents disrupted by physical illnesses, such as a stroke or by obvious mental incapacity, such as advanced Alzheimer’s, or by being unconscious after having been shot.
To call on the vice president to improperly invoke the 25th Amendment was to act in violation of the Constitution.”
Unfortunately, Congress is protected from legal ramifications for their official actions, so they are immune from being prosecuted for breaking the law or acting in an unconstitutional manner.
“But the only sanction is to vote them out of office and to bring them to trial in the court of public opinion,” Dershowitz told Newsmax host Carl Higbie.
“Senators and congressmen are immune from lawsuits for what they do or say on the floor of the Senate so there can’t be any personal lawsuits. And I wouldn’t favor recriminations.”
Dershowitz said that ultimately impeachment should die in the Senate. And despite a few RINO’s in that chamber, such as Mitch McConnell (R-KY), Ben Sasse (R-NE), Lisa Murkowski (R-AK) and maybe Susan Collins (R-ME), it doesn’t appear that Democrats would be able to secure 67 votes to impeach the former president.
Dershowitz, who was on Trump’s defense team during his first impeachment was clear that he believes the action by House Democrats and the few RINO Republicans is a fool’s errand.
“The Constitution is very clear; the purpose of impeachment is removal.”
He added that since Trump is now out of office before any such “trial” could be held, he cited former President Richard Nixon, who was impeached by the House however resigned before a Senate trial.
“The Senate cannot try an ordinary citizen.”
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