MSNBC’s Kirschner rants about criminal charges for Justice Alito over draft opinion on Roe

(Video Credit: The Dean Obeidallah Show)

MSNBC’s legal analyst Glenn Kirschner went nuclear in response to the leaked Roe v. Wade opinion that would push jurisdiction over abortion to the states and claimed that Justice Samuel Alito should be slapped with perjury charges for allegedly backpedaling on his stance on abortion now that a relevant case is making its way through the high court.

Kirschner asserted on Friday’s episode of “The Dean Obeidallah Show” that the conservative judge should be impeached for lying to Congress during his confirmation hearing.

“Any talk of potentially investigating them for impeachment or impeaching them, because they’ll bring up that these people lied and they’ll say, nope, no one’s talking about it. And I guess they know it’s not going to win in the Senate. And is it too close of a line? But what is your take on what you heard?” Dean Obeidallah asked the former federal prosecutor. “And what do you think these people are exposing themselves to, or should be exposed to?

Kirschner accused the justice of misrepresenting and deceiving himself under oath, apparently for the crime of not having a crystal ball and knowing what specific case may come before him in the future that would – at least in the draft opinion – prompt him to vote to overturn the landmark 1973 opinion regarding abortion.

“Well, my take is all of those justices misrepresented and deceived the senators and by extension, the American people under oath during their confirmation hearings. Why? Because they couldn’t speak the truth,” he said.

“Can you imagine, Dean, if Alito said under oath what he put in that draft opinion? “Roe was egregiously wrong from the minute it was decided, and it’s an abuse of judicial authority.” That’s a quote. Did he say or communicate anything about Roe v Wade that came anywhere near that? He communicated the exact opposite,” Kirschner argued.

He continued by rationalizing his proposed penalty by noting, “Sammy ‘The Bull’ Alito is not as smart as he thinks he is because he, in that draft opinion, put the lie to his confirmation hearing testimony when he communicated under oath. Hey, settled precedent, stare decisis entitled to respect. The message was, you have nothing to worry about with the continued viability of Roe v. Wade, if you confirm me.”

“That was a flippin’ lie in substance. And let’s not let him get away with it, Dean!” Kirschner said passionately.

“Because this is not prosecutorial overreach. This is not a witch hunt. This is not political payback. This is responsible government holding hearings into Supreme Court nominees who lied,” he added.

“And at the end of the day, maybe it doesn’t result in articles of impeachment, but gosh dang it, we deserve to have hearings and look into it, get to the bottom of it. And if a perjury charge can be made and the articles of impeachment ought to be drawn up. Then we have to consider it,” Kirschner said.

“What we can’t do is say, well, it’s a foregone conclusion. We’d never have enough votes in the Senate to remove. That’s not the point. We don’t use that to justify government negligence and sloth in not doing the hard work,” he pointedly concluded.

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