Harvard Law School professor emeritus Alan Dershowitz was recently added to President Donald Trump’s legal team, to the surprise of most, since Dershowitz is a lifelong Democrat and has previously shown no great love for Trump.
Even so, Dershowitz put Nancy Pelosi and House leadership on notice: he believes that the impeachment case is already closed. This conclusion is based on one fact: nothing Trump did or was accused of constitutes a crime worthy of impeachment, Dershowitz says, according to The Washington Times.
The Andrew Johnson argument
Dershowitz told CNN: “I’m making what could be the most important argument on the floor of the Senate: namely, that even if everything that is alleged by the House managers is proven or taken as true, they would not rise to the level of an impeachable offense.”
Although Dershowitz has made it clear that he’s not with Trump on many issues, it’s legally untenable to impeach someone just because of political or personal disagreements. Dems have been trying to impeach Trump since before he was even sworn in — and in an impeachment trial, that just won’t hold water.
Dershowitz pointed to the impeachment trial of Andrew Johnson in 1868 for precedent. The Supreme Court justice presiding over the trial was Benjamin Curtis, who at the time made an argument Dershowitz plans on using for Trump.
“[Curtis] argued, very successfully, winning the case, that you needed proof of an actual crime,” Dershowitz said.
He went on: “It needn’t be a statutory crime, but it has to be criminal behavior, criminal in nature. And the allegations in the Johnson case were much akin to the allegations here — abusive conduct, obstructive conduct — and that lost.”
As far as Dershowitz is concerned, this is an open-and-shut case. “You can’t charge a president with impeachable conduct if it doesn’t fit within the criteria for the Constitution,” the legal expert concluded.
What we have here is a case of Democrats wanting to impeach Trump for crimes that they hope are true, not that they can actually prove. The flimsiest of the charges is the obstruction of Congress, which is just flat-out false.
Had House Speaker Nancy Pelosi (D-CA) waited for all the court cases concerning the subpoenas Trump refused to honor to play out and Trump then refused to turn over documentation, they would have him dead to rights on this.
That, however, did not happen. They rushed the impeachment through the House, then charged Trump with a crime he did not commit. As far as the abuse of power goes — well, that kind of speaks for itself. The House is the party that actually abused its power in their impeachment inquiry, not Donald Trump.
Furthermore, when Joe Biden’s corruption gets exposed — and it will — we are going to have a party that refused to investigate one of its own for possible corruption then impeached a president simply because he wanted to know the truth. What a shame.