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Dershowitz: Supreme Court could overrule an unconstitutional impeachment
The Hill ^ | 05/31/19 04:08 PM EDT | Alan Dershowitz

Posted on 06/01/2019 1:57:41 PM PDT by E. Pluribus Unum

Donald John TrumpOcasio-Cortez returns to bartending in support of tipped workers: 'Still got it!' Trade wars have cost stock market trillion: Deutsche Bank analysis Dollar stores warn they will have to raise prices over tariffs MORE has said that if the House were to impeach him despite his not having committed “high crimes and misdemeanors,” he might seek review of such an unconstitutional action in the Supreme Court. On April 24, he tweeted that if “the partisan Dems ever tried to Impeach, I would first head to the U.S. Supreme Court. Not only are there no 'High Crimes and Misdemeanors,' there are no Crimes by me at all.”

Yesterday, when asked by a reporter if he thinks Congress will impeach him, the president responded, “I don’t see how. They can because they’re possibly allowed, although I can’t imagine the courts allowing it.”

Commentators have accused Trump of not understanding the way impeachment works and have stated quite categorically that the courts have no constitutional role to play in what is solely a congressional and political process. Time magazine declared in a headline “That’s Not How It Works,” and Vox called the president’s argument “profoundly confused.”

Scholars also echoed the derision. The influential legal blog Lawfare wrote confidently that “The Supreme Court Has No Role in Impeachment,” and my friend and colleague Larry Tribe, an eminent constitutional law scholar, called Trump’s argument simply “idiocy,” explaining that “the court is very good at slapping down attempts to drag things out by bringing it into a...”


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


TOPICS: Breaking News; News/Current Events
KEYWORDS: alandershowitz; braking; dershowitz; donaldtrump; impeachment; impeachtrump; scotus; supremecourt; thedersh; trump
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To: PCPOET7

I disagree.

Dershowitz hasn’t changed his political views at all. He doesn’t support President Trump’s conservative agenda - he supported Hillary Clinton and doesn’t try to hide that fact, even when he’s on Hannity’s show.

He believes weaponizing the FBI, DOJ, etc. and spying on Donald Trump was a grievous abuse of power, and he is deeply disappointed that the Democrats under Obama stooped so low.

If it can proven that Hillary Clinton was a key player in Obama’s spying and entrapment conspiracy, I don’t think Dershowitz will remain loyal to her. As for improper handling of emails and such, he will probably come to her defense - his big issue is protecting civil liberties - not security.

He was always a lefty and he always will be. But he doesn’t like what Obama did to Donald Trump and he has the balls to say so.


101 posted on 06/02/2019 11:26:35 AM PDT by enumerated
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To: E. Pluribus Unum
All of this schiff about impeachment, removal, obstruction -- you name it -- is really about one thing: The Democrat/Left simply cannot "allow" President Trump to nominate another USSC justice ... much less two or three justices. The Democrat/Left will try anything -- anything -- to prevent that from happening.
102 posted on 06/02/2019 12:03:25 PM PDT by glennaro
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To: PCPOET7

Interesting take.

I don’t think Dershowitz can manufacture enough “charm” from his otherwise sour demeanor to overcome people’s dislike for Hillary. SHE is pretty despicable.


103 posted on 06/02/2019 1:31:19 PM PDT by Jim W N (MAGA by restoring the Gospel of the Grace of Christ and our Free Constitutional Republic!)
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To: Blood of Tyrants

Let them bring their charges of impeachment... tires of the garbage. Bring them to the floor for a vote... pass them if you want to. Senate will acquit and Dems will get slaughtered next fall.

Put up or shut up...


104 posted on 06/02/2019 1:34:52 PM PDT by HamiltonJay
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To: Jim 0216

I agree but he has to do his job


105 posted on 06/02/2019 2:23:45 PM PDT by PCPOET7
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To: PCPOET7

Right. You’ve got a very plausible take on what Dershowitz may be up to, but that part of “his job” is an impossible task IMO. Not sure anyone, certainly not Dershowitz, can “charm” people into anything but despising that lady (who despises people).


106 posted on 06/02/2019 2:42:54 PM PDT by Jim W N (MAGA by restoring the Gospel of the Grace of Christ and our Free Constitutional Republic!)
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To: CodeToad

They don’t get to second guess congress.


107 posted on 06/02/2019 8:07:42 PM PDT by Nuc 1.1 (Nuc 1 Liberals aren't Patriots. Remember 1789!)
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To: Jim 0216

No not me, the Constitution. And in this situation the last resort is the people not the federal courts. If the Supremes had a role, for instance presidential appeal to the SCOTUS, the founders would have codified that avenue in the Constitution. Since they did not no such avenue exists. And no amount of wailing and stomping of feet gives the tyrants in black robes authority. And certainly no authority exists in the unelected federal agencies.


108 posted on 06/02/2019 8:22:39 PM PDT by Nuc 1.1 (Nuc 1 Liberals aren't Patriots. Remember 1789!)
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To: tired&retired

Good post. I agree with the second view. In Trump’s case as far as I can tell the President has not committed any crime. Thus any impeachment by congress as it presently stands would be an invalid political activity. If President Trump is impeached by congress and convicted in the senate it will be up to the people to correct the situation. There is no other Constitutionally authorized avenue.


109 posted on 06/02/2019 8:33:44 PM PDT by Nuc 1.1 (Nuc 1 Liberals aren't Patriots. Remember 1789!)
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To: CodeToad

As I said the SCOTUS nor any other court or government agency has any role in impeachment.


110 posted on 06/02/2019 8:35:48 PM PDT by Nuc 1.1 (Nuc 1 Liberals aren't Patriots. Remember 1789!)
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To: ding_dong_daddy_from_dumas

But being impeached and discussions about impeaching are two different things.


111 posted on 06/02/2019 8:42:40 PM PDT by murron
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To: E. Pluribus Unum

Since the 9th Circuit likes to overrule Trump’s EOs, I’d love to see the 9th Circuit overrule the House Judiciary Committee’s efforts to continue to go after Trump.


112 posted on 06/02/2019 8:42:57 PM PDT by Cvengr ( Adversity in life & death is inevitable; Stress is optional through faith in Christ.)
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To: murron

True. Right now Dems don’t seem to have the votes to impeach, let alone remove Trump via a senate vote. Pelosi knows that house seats that flipped to blue in 2018 can flip back red.


113 posted on 06/03/2019 12:32:46 AM PDT by ding_dong_daddy_from_dumas (Mozart tells you what it's like to be human. Bach tells you what it's like to be the universe)
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To: plain talk

President Trump could and should appeal any unfounded impeachment to the Supreme Court as a SEPARATION OF POWERS issue.....the authority of the Executive Branch is not inferior to the Legislative......

SIMPLE


114 posted on 06/03/2019 10:10:27 AM PDT by Trump_vs_Evil_Witch (Meuller, Rosenstein,....co-conspirators to Obstruct Justice over Uranium One)
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To: Trump_vs_Evil_Witch

I am not sure if the Senate has to conduct an impeachment trial just because the House delivers one. Impeachment is a simple majority in the House - so a political act. A bill of impeachment could be passed based on dislike of the President’s tie. The could look at it and say “In our opinion not a ‘high crime or misdemeanor’! Try again !”. Or maybe just table it in committee and never let it out.

Of course the Rats & the MSM would scream bloody murder but what else is new!


115 posted on 06/03/2019 10:16:38 AM PDT by Reily
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To: BenLurkin

That Congress cannot remove a duly elected President without any ‘high crimes or misdemeanors’ should be obvious to the general public.

Especially, to any first year student of the Constitutional Law with functioning brain cells.....


116 posted on 06/03/2019 10:22:19 AM PDT by Trump_vs_Evil_Witch (Meuller, Rosenstein,....co-conspirators to Obstruct Justice over Uranium One)
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To: Trump_vs_Evil_Witch

Who is the trier of fact?


117 posted on 06/03/2019 10:24:38 AM PDT by BenLurkin (The above is not a statement of fact. It is either opinion or satire. Or both.)
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To: Trump_vs_Evil_Witch

Good luck with that


118 posted on 06/03/2019 10:32:50 AM PDT by plain talk
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To: Trump_vs_Evil_Witch

the authority of the Executive Branch is not inferior to the Legislative......

sometimes it is and visa versa. Heard of checks and balances?


119 posted on 06/03/2019 10:34:05 AM PDT by morphing libertarian ( Use Comey's Report, Indict Hillary now; build Kate's wall. --- Proud Smelly Walmart Deplorable)
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To: HollyB

Jefferson was as close to being a “Right Wing Extremist” as Adolf Hitler.

He was a Left-wing ideologue and defended the Reign of Terror as long as it lasted. Hence, Hamilton pinned the label “Jacobin” on him and it was true.

Don’t believe his hagiographers claiming otherwise.

In “The Long Goodbye” by the award-winning author, Conor Cruise O’Brien, this is exhaustively documented. The more you learn of Jefferson the less you respect him.


120 posted on 06/03/2019 11:44:57 AM PDT by arrogantsob (See "Chaos and Mayhem" at Amazon.com)
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