Georgetown law professor John Mikhail suggested on Sunday that the portion of President Donald Trump's defense which is being covered by Alan Dershowitz is destined to fail because it has "no sound basis" in history and law.
"There is no sound basis for Alan Dershowitz to claim that abuse of power is not an impeachable offense. In addition to being at odds with common sense, this claim is contradicted by a clear and consistent body of historical evidence," Mikhail stated.
The law professor cited the impeachment of Warren Hastings in the 1780s.
"Some of the best evidence comes from the case of Warren Hastings, which informed the drafting Art. II, Sec 4," Mikhail wrote. "The fact that he was not guilty of treason, but still deserved to be impeached, was a major reason 'other high crimes and misdemeanors' was added to the Constitution."
"There are many other sources & precedents that undercut Dershowitz’s claim," he continued. "For example, abuse of power was one of the articles of impeachment adopted by the House Judiciary Committee against Richard Nixon in 1974 and against Bill Clinton in 1998."
"All of these sources and others like them (e.g., Hamilton’s remark on the 'abuse or violation of some public trust' in Federalist 65) suggest that Dershowitz - and Trump - will have a hard time making a persuasive case that 'abuse of power' is not an impeachable offense," Mikhail concluded.
Read all of the tweets below.
Sure, happy to weigh in. There is no sound basis for Alan Dershowitz to claim that abuse of power is not an impeach… https://t.co/alEBRVGtNB— John Mikhail (@John Mikhail) 1579444104.0
Some of the best evidence comes from the case of Warren Hastings, which informed the drafting Art. II, Sec 4. The f… https://t.co/JqzPg2ZRVT— John Mikhail (@John Mikhail) 1579444104.0
Edmund Burke drew up impeachment charges against Hastings in 1786, and his trial began in the House of Lords in Feb… https://t.co/E1N2831GLD— John Mikhail (@John Mikhail) 1579444105.0
E.g., in a trial speech on 2/15/1788, Burke said: “It is by this tribunal, that statesmen, who abuse their power, a… https://t.co/yfsMHAB4aq— John Mikhail (@John Mikhail) 1579444105.0
“...It is here that those who by the abuse of power have violated the spirit of law can never hope for protection f… https://t.co/GTVVeLmp1v— John Mikhail (@John Mikhail) 1579444105.0
The next day (Feb. 16, 1788), Burke charged that Hastings “took advantage of the imperfections of the institution [… https://t.co/Db1sCMsltt— John Mikhail (@John Mikhail) 1579444105.0
Finally, in an April 1794 report, Burke wrote that the House of Commons had chosen to impeach Hastings “because the… https://t.co/0OM5QziG4X— John Mikhail (@John Mikhail) 1579444106.0
“...But in the cause which your managers have in charge, the circumstances are the very reverse….The abuses, stated… https://t.co/Zpy6J045ya— John Mikhail (@John Mikhail) 1579444106.0
There are many other sources & precedents that undercut Dershowitz’s claim. For example, abuse of power was one of… https://t.co/VroeCijsdm— John Mikhail (@John Mikhail) 1579444106.0
In the impeachment of President Andrew Johnson, House Manager Benjamin F. Butler of Massachusetts defined “high cri… https://t.co/saiYalqPe1— John Mikhail (@John Mikhail) 1579444106.0
At the 1787 constitutional convention, Edmund Randolph explained that “The propriety of impeachments was a favorite… https://t.co/kwMcGPERBb— John Mikhail (@John Mikhail) 1579444107.0
Finally, there is the text of the Constitution itself, which imposes solemn obligations of “faithful execution” on… https://t.co/5eF6e7E0n5— John Mikhail (@John Mikhail) 1579444107.0
All of these sources and others like them (e.g., Hamilton’s remark on the “abuse or violation of some public trust”… https://t.co/12N1BOSFjf— John Mikhail (@John Mikhail) 1579444107.0
For at least some GOP Senators, Republican voters, or others who profess to be originalists, however, Burke’s impea… https://t.co/l6TpvO6eA4— John Mikhail (@John Mikhail) 1579444107.0
