Dershowitz destroys argument Trump be denied Senate trial: ‘difficult to imagine anything more unconstitutional’

Harvard Law Professor emeritus Alan Dershowitz completely disagrees with his “friend and colleague” Laurence Tribe on the issue of withholding the articles of impeachment against President Trump from a Senate trial.

Dershowitz remarked that it is hard for him to imagine “anything more unconstitutional” than House Speaker Nancy Pelosi refusing to forward the articles of impeachment as expected, following the partisan House vote along party lines, in an effort to affect the Senate trial proceedings.

(File Photo: screenshot)


Dershowitz referred to Tribe’s suggestion that “the Senate not conduct a trial — at least not now,” in an opinion piece published in Newsmax Thursday.

“He would withhold the trial until the Senate agreed to change its rules, or presumably until a new election put many more Democrats in the Senate. Under his proposal, there might never be a Senate trial, but the impeachment would stand as a final and permanent condemnation of President Trump,” he wrote.

“It is difficult to imagine anything more unconstitutional, more violative of the intention of the Framers, more of a denial of basic due process and civil liberties, more unfair to the president and more likely to increase the current divisiveness among the American people. Put bluntly, it is hard to imagine a worse idea put forward by good people,” he added.

Pelosi gloated over the outcome of months of “inquiry” by the Democrats following a whistleblower complaint about Trump’s phone call with the president of Ukraine.

“He just got impeached. He’ll be impeached forever. No matter what the Senate does. He’s impeached forever because he violated our Constitution,” she told the Associated Press. “If I did nothing else, he saw the power of the gavel there. And it wasn’t me, it was all of our members making their own decision.”

The Democrat leader criticized Senate Majority Leader Mitch McConnell for saying he was “working in total coordination with the White House counsel’s office.” And Tribe accused the Kentucky Republican of conducting a “whitewash” trial and “letting the president and his legal team call the shots.”

But Dershowitz condemned the idea of denying Trump a trial in the Senate.

“President Trump would stand accused of two articles of impeachment without having an opportunity to be acquitted by the institution selected by the Framers to try all cases of impeachment. It would be as if a prosecutor deliberately decided to indict a criminal defendant but not to put him on trial,” he wrote.

Tribe’s hypothesis “fails on its face,” Dershowitz argued, adding how the impeachment has political elements.

“I cannot imagine Pelosi or Tribe proposing this jerry-rigged unconstitutional gambit had Hillary Clinton been elected president, and had a Republican House impeached her,” he wrote.

“The proper response is not to distort, ignore and violate the explicit terms of the Constitution that view impeachment by the House as a first step toward a trial by the Senate. An impeached president has a right to be tried and acquitted by the Senate,” Dershowitz noted.

“Denying him and the American people that fundamental right might serve the temporary interests of the Democratic Party, and academics who support it,” he added, “but would do violence to the rule of constitutional law that is supposed to serve all Americans, regardless of party or ideology.”

Dershowitz’s message echoes what many Republican members of Congress have been arguing:

Frieda Powers


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