Law professor Alan Dershowitz asserted on Sunday that House Democrats are exercising their constitutional right to impeach President Donald Trump in a “quasi-criminal” way.
“Congress is not above the law,” Dershowitz complained to Fox News host Maria Bartiromo. “They just can’t make it up as they go along. The constitution provides specific criteria for impeachment. And I think these hearing demonstrate beyond any doubt that these criteria haven’t been met.”
Dershowitz, who defended Trump throughout special counsel Robert Mueller’s investigation, complained that “all” of the Democrats’ objections to Trump are “about policy.”
“Nothing that I’ve seen during the these weeks of impeachment testimony has moved the ball at all toward impeachment,” Dershowitz opined. “If he’s impeached, it will be partisan.”
Bartiromo noted that Republicans have focused on “process” arguments like complaining about which witnesses can be called.
“It’s very, very unfair,” Dershowitz agreed. “I mean, the impeachment process is quasi-criminal in nature. And the person being accused is supposed to have rights comparable to the rights of somebody being accused of a crime.”
“The Constitution talks about high crimes and misdemeanors,” he continued. “And yet, the process has been skewed and one-sided and partisan.”
Dershowitz predicted that impeachment “can’t go forward to the Senate without a full opportunity to cross-examine all of the relevant witnesses” including the person who initially blew the whistle on Trump.
Democrats have argued that Trump’s actions amount to bribery, which is spelled-out in the U.S. Constitution along with “high crimes and misdemeanors.”
Watch the video below from Fox News.
Trump announces Rudy Giuliani ‘wants to go before Congress’ and testify about his Ukraine dealings
President Donald Trump on Saturday said that his personal attorney, Rudy Giuliani, wanted to testify before Congress.
Speaking to reporters as he departed for a Republican fundraiser in Florida, Trump praised the former New York City mayor.
"Rudy, as you know, has been one of the great crime fighters of the last 50 years," Trump said of his lawyer, who is reportedly under federal investigation for breaking the law.
"And, he did get back from Europe just recently and I know -- he has not told me what he found, but I think he wants to go before Congress and say, and also to the attorney general and the Department of Justice," Trump said.
GOP governors are refusing to do Trump’s bidding and ducking him on the campaign trail: report
On Saturday, Maggie Haberman of The New York Times profiled how President Donald Trump is having less luck whipping Republican governors into line than Republican senators, including governors who arguably owe their election to his support.
"In Florida, Mr. Trump’s aides helped save the flailing candidacy of Ron DeSantis in the 2018 Republican primary, and then the general election," wrote Haberman. "Also last year, in Georgia, Mr. Trump helped pull Brian Kemp over the finish line in both the primary and the general election. In both cases, Mr. Trump’s advisers implored him to stay out of the primaries, and he agreed to — only to surprise his aides by jumping in to support Mr. DeSantis and Mr. Kemp."
Courts have avoided refereeing between Congress and the president — Trump may change all that
President Donald Trump’s refusal to hand over records to Congress and allow executive branch employees to provide information and testimony to Congress during the impeachment battle is the strongest test yet of legal principles that over the past 200 years have not yet been fully defined by U.S. courts.
It’s not the first test: Struggles over power among the political branches predate our Constitution. The framers chose not to, and probably could not, fully resolve them.