Harvard Law professor Alan Dershowitz schooled liberals who are operating under the delusion that you could cavalierly invoke the 25th Amendment of the US Constitution to remove a duly-elected president simply because you don’t like him.
It is unconstitutional to use the 25th Amendment to circumvent impeachment provisions. The 25th can be used only if POTUS is physically or psychiatrically incapacitated. Any other use is unconstitutional. I challenge anyone to argue differently.
— Alan Dershowitz (@AlanDersh) February 15, 2019
You Can’t Invoke 25th Amendment Frivolously
Dershowitz ― a lifelong liberal who voted for Hillary Clinton in 2016 ― told Fox News host Tucker Carlson that the 25th Amendment was designed to provide succession plans in case a president gets shot or has a health emergency that renders him physically and mentally incapable of performing his duties.
It was NOT designed by the framers of the Constitution as a way to get rid of a POTUS simply because you don’t like his personality or disagree with his policies.
“Let’s take the worst-case scenario: Let’s assume the president of the United States was in bed with the Russians, committed treason and obstruction of justice. The 25th Amendment is simply irrelevant to that.
That’s why have you impeachment provision. The 25th Amendment is about Woodrow Wilson having a stroke. It’s about a president being shot and not being able to perform his office.
It’s not about the most fundamental disagreements and impeachable offenses. Any Justice Department official who even mentioned the 25th Amendment in the context of President Trump has committed a grievous offense against the Constitution.
The framers of the 25th amendment had in mind something very specific, and trying to use the 25th Amendment to circumvent the impeachment provisions or to circumvent an election is a despicable act of unconstitutional power-grabbing. And you were right when you said it reminds me of what happens in third-world countries.
Andrew McCabe Tried to Engineer a Coup
Alan Dershowitz said if it’s true that former FBI Deputy Director Andrew McCabe had discussed ousting President Trump in secret Deep State meetings, then McCabe basically attempted to engineer a coup.
“If [McCabe’s comments are] true, it is clearly an attempt at a coup d’état,” Dershowitz said.
“Look, these people may have been well-intentioned. They may have believed they were serving the interest of the United States, but you have to obey the law and the law is the Constitution. And the 25th Amendment is as clear as could be about incapacity: Unable to perform office. That’s what you need.
That’s why you need two-thirds of the House and two-thirds of the Senate agreeing. And it has to be on the basis of a medical or psychological incapacity. Not on the basis of even the most extreme ‘crimes,’ of which there is no evidence.
But even if they were, that would not be a basis for invoking the 25th Amendment. I challenge any left-wing person to get on television and to defend the use of the 25th Amendment [in this manner].
I challenge any of my colleagues who are in the ‘Get Trump at Any Cost’ camp to come on television and justify the use of the 25th Amendment other than for physical or psychiatric incapacity.”
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