In the days following the protests in Washington D.C., left-wing lawmakers and politicians have called once again for President Donald Trump’s removal from office.
They’ve renewed their falls for impeachment and this time, they’re citing Trump’s perceived role in the Capitol Hill uprising. They believe the President helped spark the violence.
But one legendary professor and lawyer believes this absolutely cannot be done.
Harvard Law professor and Constitutional expert Alan Dershowtiz has come to the President’s defense before, though in this case it appears he’s simply offering a common sense reaction.
First, he believes the impeachment push won’t result in a Senate trial. And this is due to a very straightforward logistics problem: they don’t have time.
As Dershowitz told Fox News:
It will not go to trial. All the Democrats can do is impeach the president in the House of Representatives. For that, all you need is a majority vote. You don’t have to take evidence, there are no lawyers involved.
But the case cannot come to trial in the Senate because the Senate has rules and the rules would not allow the case to come to trial until – according to the majority leader – until 1 p.m. on Jan. 20, one hour after President Trump leaves office.
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On top of that, Dershowitz doesn’t believe the Constitution allows for the impeachment of a former President, anyway.
He said the document clearly says impeachment is about removing the President from office. Nowhere does it say the “former” President.
Of course, there’s also the First Amendment issue, which applies to all American citizens, including the Commander-in-Chief.
And if the House proceeded with impeachment, Dershowitz believes this creates a bad precedent, and reminds everyone of the following:
He said that according to the landmark 1969 Supreme Court decision in Brandenburg v. Ohio, President Trump’s words are constitutionally protected.
That decision said speech is not protected if it is ‘directed to inciting or producing imminent lawless action and is likely to incite or produce such action.’
Obviously, Democrats will try to claim that Trump’s speech did “incite lawless action.”
But Dershowitz believes that when it comes to “core political speech, to impeach a president for exercising his First Amendment Rights would be so dangerous to the Constitution.”
Lastly, he said doing this once would mean it could easily happen again. It would be a “loaded weapon” either party could use, and that could be a serious issue.
Many Trump supporters view this as a First Amendment issue. And if the President doesn’t get a right to free speech, it feels like none of his followers do, either.
On the other hand, Democrats will continue to claim Trump’s words contributed to the riots, and they’ll try to get him impeached … maybe even after January 20, if that’s possible.
Source: Fox News