Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Dershowitz To Newsmax TV: Trump Impeachment Great Threat To Constitution
Newsmax ^ | 1-9-2021 | Charlie McCarthy

Posted on 01/09/2021 1:42:42 PM PST by blam

Impeaching President Donald Trump in the final days of his presidency would violate the Constitution, according to legal expert Alan Dershowitz on Newsmax.

Democrats are planning to impeach Trump, who addressed a rally of supporters in Washington, D.C, on Wednesday. Later that day, demonstrators protesting the election results attacked the Capitol.

"It's unconstitutional," Dershowitz told host Carl Higbie on "Saturday Report." "I mean, you cannot impeach a president unless he's committed high crimes and misdemeanors and these don't constitute high crimes and misdemeanors, they constitute Constitutionally protected speech.

"You can condemn, you can attack, you can refuse to vote for, you can do all of those things which are politically available to you, but the one thing you can't do is use the law, which is impeachment, on something which is protected by the First Amendment."

In saying the Capitol rioters should be prosecuted for the violence, Dershowitz added the president cannot be blamed for their actions.

"[Impeaching the president] would do more enduring harm to our Constitution than even the horrible rioters did, although they are strongly to be condemned and I’m very glad they're being prosecuted to the hilt," Dershowitz said. "It’s part of the core theory of the First Amendment that you prosecute the actors, you don’t prosecute the speaker.

"The speaker has a Constitutional right to advocate … advocate, not incite … advocate, which is what president Trump did. So, going after the actors, rather than the speaker is the way our Constitution laid it out."

Dershowitz, who has said he would be willing to defend the president should Trump be impeached, expressed long-term effects if the Democrats proceed with their plans.

"The implications for the First Amendment, the implications for the Constitution are grave they go beyond this week, they are forever," he said.

(snip>

(Excerpt) Read more at newsmax.com ...


TOPICS: News/Current Events
KEYWORDS: alandershowitz; constitution; contraindicated; derzhowitz; impeach; impeachtrumpagain; oftenwrong; pelosi; thedersh
Navigation: use the links below to view more comments.
first 1-2021-28 next last

1 posted on 01/09/2021 1:42:42 PM PST by blam
[ Post Reply | Private Reply | View Replies]

To: blam

Sure it’s unconstitutional, but virtually everything the left does is unconstitutional.


2 posted on 01/09/2021 1:44:29 PM PST by MCSETots ( )
[ Post Reply | Private Reply | To 1 | View Replies]

To: blam
Mitch McConnell Circulates Impeachment Procedures, Which Wouldn’t Begin Until Trump’s Term Ends
3 posted on 01/09/2021 1:46:25 PM PST by blam
[ Post Reply | Private Reply | To 1 | View Replies]

To: blam

LOL at the Democrats caring about the Constitution. So, some federal judge or the SCOTUS would rule in Trump’s favor? They would probably say he lacks standing to contest his own impeachment. Heck, Hillary Clinton herself wrote a memo supporting the idea that Nixon shouldn’t be allowed counsel. I don’t think anyone will enforce the law, even if the professor is right. Time is the only thing that will stop them from impeaching him again.


4 posted on 01/09/2021 1:47:09 PM PST by cdcdawg (Maybe people are legitimately pissed off, they’re sick of all of this, and they don’t care anymore.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: blam

I want to know what Pelosi is so afraid of.


5 posted on 01/09/2021 1:47:33 PM PST by doc maverick
[ Post Reply | Private Reply | To 1 | View Replies]

To: blam

Democommies and their evil twins the gopE are a threat to the Constitution.


6 posted on 01/09/2021 1:49:16 PM PST by rktman (Destroy America from the inside? Check! WTH? Screwed, blued and tatooed.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: blam

Alan! You ignorant twit. What Constitution? That piece of paper is nothing more than recommendations now to those in charge. You should have opened your yap when the election was stolen!!!


7 posted on 01/09/2021 1:49:19 PM PST by eeriegeno
[ Post Reply | Private Reply | To 1 | View Replies]

To: blam

8 posted on 01/09/2021 1:49:40 PM PST by 4Liberty (How does a kids car-donation nonprofit pay for so MANY radio ads if it's a charity?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: blam
So is a fraudulent election. Some of these phony congressmen have no business being there

9 posted on 01/09/2021 1:50:46 PM PST by vigilante2
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind
Mitch McConnell says Trump's second Senate impeachment trial would only begin on Biden's inauguration day - as Democrats race to start hearings and demand he be tried so he can be banned from office for life
10 posted on 01/09/2021 1:51:32 PM PST by blam
[ Post Reply | Private Reply | To 6 | View Replies]

To: cdcdawg

“Time is the only thing that will stop them from impeaching him again.”

No, they’ll still impeach him after he is out of office, because they want to utterly ruin and destroy him, and prohibit him from ever holding office again; they mean to humiliate him and his family, and erase him from memory. Believe me, they are going to remove his portrait from the Hall of Presidents. The Democrats are Stalinists.


11 posted on 01/09/2021 1:51:33 PM PST by ought-six (Multiculturalism is national suicide, and political correctness is the cyanide capsule. )
[ Post Reply | Private Reply | To 4 | View Replies]

To: blam

The Dems decided long ago that the Constitution itself is Unconstitutional. Try to make sense of that, and figure out where their authority comes from. If not the Constitution it can only be by coercion and force, like all tyrants.


12 posted on 01/09/2021 1:52:50 PM PST by motor_racer (Who will bell the cat?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: blam

Apparently massive voter fraud is nothing but a mere blip on his constitutional radar.


13 posted on 01/09/2021 1:55:48 PM PST by LastDayz (A blunt and brazen Texan. I will not be assimilated.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: doc maverick

“I want to know what Pelosi is so afraid of.”

Apparently, their plan, if it works, will prevent Trump from running again in 24. That is why it’s so important to them.


14 posted on 01/09/2021 1:57:24 PM PST by Gen.Blather (Wait! I said that out loud? )
[ Post Reply | Private Reply | To 5 | View Replies]

To: blam
The Democrats want to destroy the Constitution. If you disagree with the Democrats, you will be charged with domestic terrorism, and either be sent to a re-education camp or get the bullet.
15 posted on 01/09/2021 1:58:07 PM PST by thegagline
[ Post Reply | Private Reply | To 1 | View Replies]

To: blam
Trump Impeachment Great Threat To Constitution.

I'm sure Alan knows they wont to trash the Constitution on purpose. They want it to be a joke.

16 posted on 01/09/2021 2:00:30 PM PST by Right Wing Assault (Die-ggl,TWT,FCBK,NYT,WPo,Hwd,CNN,NFL,BLM,CAIR,Antf,SPLC,ESPN,NPR,NBA,ARP,MSNBC )
[ Post Reply | Private Reply | To 1 | View Replies]

To: blam

A crisis is not to be wasted.

Dirty Trump up at worst, make it impossible for him to run again if possible.

The lesson we all should be learning is, this is what it looks like when you play politics to win.


17 posted on 01/09/2021 2:01:33 PM PST by bigbob (Trust Trump. Trust the Plan. )
[ Post Reply | Private Reply | To 1 | View Replies]

To: blam

I have friends all over the world.

Not that at matters, but their thoughts on Trump ranged from really liking Trump, to him being an amusement but ineffective to him being a nuisance unable to do anything. Interestingly, none thought he was bent on “dictatorship” and they understood what he was about — only foolish American leftist believe that.

But now - regardless of their previous thoughts everyone I know above ALL believe, this was a deep state coup. Like us, now they grieve America has become just become another 3rd world country. The world is back to “law of the jungle.”


18 posted on 01/09/2021 2:03:00 PM PST by PGR88
[ Post Reply | Private Reply | To 1 | View Replies]

To: bigbob

“A crisis is not to be wasted”

Exactly..... now flip it back around on them as we are now in a constitutional crisis. Additionally, we’ve been in a national emergency since 2018.

Release the Insurrection Act.


19 posted on 01/09/2021 2:06:22 PM PST by LastDayz (A blunt and brazen Texan. I will not be assimilated.)
[ Post Reply | Private Reply | To 17 | View Replies]

To: bigbob
ABC News Calls For 'Cleansing' Of Trump Supporters In Wake Of Capitol Incursion
20 posted on 01/09/2021 2:08:29 PM PST by blam
[ Post Reply | Private Reply | To 17 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-28 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson