Alan Dershowitz Reveals Why Impeaching Trump Again is Actually Unconstitutional
Democrats and also republicans are pulling an eleventh hour attempt at impeaching President Trump.
Their doing so on ground of insurrection following the protests in D.C.
However Alan Dershowitz claims that their desire to do so is not only wrong, but unconstitutional.
Check it out:
“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.”
This does appear to be a sticky situation our nations lawmakers have found themselves in.
In a lot of ways, they’re damned if they do and damned if they don’t, especially since they’ve already committed themselves to this precarious position.
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