Posted on 01/11/2021 8:59:43 AM PST by SJackson
The constitutional law scholar warned of the precedent such an impeachment would set
Harvard Law professor emeritus and constitutional law scholar Alan Dershowitz said that while he does not believe it would result in a Senate trial, impeaching President Trump over what he said in an address prior to protesters storming the Capitol building on Wednesday would provide a "loaded weapon" to both parties to use at their will in the future.
Speaking to Fox News' "Sunday Morning Futures," Dershowitz first said that even if Trump is impeached for a second time, the Senate will not be able to hear a trial because Trump would be out of office by the time that were to happen.
"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," Dershowitz said. "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."
Dershowitz added that "the Constitution specifically says the president shall be removed from office upon impeachment." He said that because it does not say "the former president," the Senate's "jurisdiction is limited to a sitting president," barring the possibility of a trial.
On the same program, Sen. Marco Rubio, R-Fla., had a different take, stating that once the House votes to impeach, the Senate is required to hear the matter.
(Excerpt) Read more at foxnews.com ...
I don’t trust lawyers, especially him.
There’s a Constitution???
We need to find that thing and use it!
The constitution no longer matters.
Dershowitz is a clown and fool.
He’ll finally see the light when the trains start to get loaded. Too late by then...
Old news
The House Democrats just introduced Article of Impeachment charging president with inciting an insurrection.
and we’re off and running
When do we stop pretending that the Constitution has any relevance or power?
No they didn't. Just one thing in today's pro-forma session and it was for Pense to use the 25th.
So stupid and sad.
I guess that stealing an election is not dangerous to the Constitution
As McConnell noted, the GOP would not vote for removal, because it would be political suicide to do so. They will have enough problems ever controlling the Senate again after the next two years, they do not need GOP voters turning on them. Before you go off, there are GOP voters and there are MAGA voters, the GOP already lost most of the MAGA voters, they cannot afford to lose the GOP voters also.
Rubio is the one that makes me wonder what his problem is? This House Impeachment does not have to be heard by the next Senate since it is legally mute. I am not sure how much I trust Rubio.
The Constitution? Lol, okay, professor.
You should not trust Rubio at ALL.
He voted for amnesty and a permanent majority for Democrats and he will do it AGAIN!
He ran for President despite the fact that he is NOT a natural born citizen.
Hey professor, what constitution? It died on November 3 and was officially buried on January 6th. Get clue!!
It died on January 20, 2009 when ALL of our elected and appointed swore in the ineligible Kenyan from Indonesia in direct violation of that Constitution.
Let’s get one thing straight,
Democrats could Care Less about the Constitution at this time if they ever did.
We see evidence of that every single day.
Just take the antifa attacks in L.A. just the other day.
Where’s the outrage from the left and the MSM?
Why wasn’t maxine waters charged for telling people to get in the face of republican politicians?
“And if you see anybody from that Cabinet in a restaurant, in a department store, at a gasoline station, you get out and you create a crowd. And you push back on them.”
She faced zero consequences...
But he kept his underwear on with Epstein!
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