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Alan Dershowitz To Newsmax TV: House Violated Constitution
Newsmax ^ | 1-16-2021 | Eric Mack

Posted on 01/16/2021 10:03:32 AM PST by blam

President Donald Trump did not commit any impeachable offenses, but the House violated the Constitution to suggest he did and are, ironically, immune from reprisals, according to constitutional law expert Alan Dershowitz on Newsmax TV.

"We are hear that the president is not above the law, but Congress is not above the law – when Congress impeached the president earlier this week, they committed six independent violations of the Constitution," Dershowitz told "Saturday Report."

"They violated the free speech provision. They violated the impeachment criteria. They violated the bill of attainder. They violated due process, on and on and on."

Ironically, lawmakers are protected from legal culpability from their congressional actions, so unlike they are doing with the president, they cannot be sought for the allegations against them.

"But the only sanction is to vote them out of office and to bring them to trial in the court of public opinion," Dershowitz told host Carl Higbie. "Senators and congressmen are immune from lawsuits for what they do or say on the floor of the Senate, so there can't be any personal lawsuits.

"And I wouldn't favor recriminations."

All House Democrats and 10 Republicans impeached the president for the second time this week for inciting the storming of the Capitol on Jan. 6, but the president's pursuit of an Electoral College challenge is not grounds for impeachment, Dershowitz noted.

"How can you impeach a president for a speech that is constitutionally protected?" he lamented.

Ultimately, impeachment should die in the Senate as it did the last time, according to Dershowitz, a member of the president's first Senate impeachment trial team.

"The Constitution is very clear, the purpose of impeachment is removal," he concluded, adding the president will be out of office by the time a trial can be held,

(snip)

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


TOPICS: News/Current Events
KEYWORDS: 1621; alandershowitz; constitution; contraindicated; dersowitz; dueprocess; freespeech; impeach; impeachment2; keepsvoting4them; oftenwrong; thedersh; trump
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To: blam

What’s new under DEMs and Peelowsee?


21 posted on 01/16/2021 10:28:06 AM PST by ldish (TRUTH & FREEDOM DIED ON 11/4/20! SCORCH THE GOVT-TRUMP RELEASE ALL FILES)
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To: blam
The list:

Bill of Attainder.
Can not remove a person twice for the same act.
Impeachment provision requires a trial.
Violation of Free Speech.
Impeachment is Removal only.
Impeachemtn does not prevent future office.

This is the United States of America? For the last four years, the entire goal of the U.S. goverment, congress, judiciary, federal agencies, was to remove the President, even at the extent of sacrificing everthing? This is mind boggling.

22 posted on 01/16/2021 10:29:24 AM PST by Widget Jr
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To: blam

Can the Senate reject the impeachment for failure to follow procedure?


23 posted on 01/16/2021 10:29:37 AM PST by CtBigPat (The period of Crisis is ending. Now comes Normalization.)
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To: blam

It’s okay to hate democrats...


24 posted on 01/16/2021 10:29:41 AM PST by glasseye ("When nothing in society deserves respect we should in solitude create our own silent loyalties. ")
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To: rigelkentaurus

Rules do not matter to the amoral...


25 posted on 01/16/2021 10:30:32 AM PST by glasseye ("When nothing in society deserves respect we should in solitude create our own silent loyalties. ")
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To: blam

Mr. Dershowitz, So when will you stop voting for Marxist Dems and the party of unconditional propaganda?

The democrat party left you long ago.


26 posted on 01/16/2021 10:33:12 AM PST by conservative98
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To: conservative98

Unconstitutional


27 posted on 01/16/2021 10:33:42 AM PST by conservative98
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To: blam

Are there ANY violations of The Constitution if Traitor Roberts has TDS?


28 posted on 01/16/2021 10:36:24 AM PST by Paladin2
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To: CtBigPat

I think it would be fitting if the Senate rejected the Articles of Impeachment “for lack of standing.”


29 posted on 01/16/2021 10:36:34 AM PST by asinclair (Political hot air is a renewable energy resource)
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To: CtBigPat

Won’t Chuckie be in charge on the 20th when the charade trial begins? He will also go against the Constitution. To hang Trump, laws and the constitution mean nothing to these monsters. Election laws meant nothing either.


30 posted on 01/16/2021 10:40:39 AM PST by tina07 (In loving memory of my father,WWII Vet. CBI 10/16/42-12/17/45, d. 11/1/85 )
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Thanks Alan. That and $23 bucks get me a coffee at Starbucks. Keep your underwear on.


31 posted on 01/16/2021 10:40:43 AM PST by proust (Justice delayed is injustice.)
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To: Widget Jr
Bill of Attainder.
Can not remove a person twice for the same act.
Impeachment provision requires a trial.
Violation of Free Speech.
Impeachment is Removal only.
Impeachemtn does not prevent future office.

I think Dershowitz is off base on a couple of those, but a the end of the day he's correct in that an impeachment trial is to remove someone from office and as of Wednesday Trump will already be out of office. So the legality of a Senate impeachment trial after he's already gone is dubious at best.

32 posted on 01/16/2021 10:42:15 AM PST by DoodleDawg
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To: blam

example after example after example of liberal corruption yet alan remains a democrat-


33 posted on 01/16/2021 10:42:23 AM PST by Bob434
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To: PGalt

Congress Violated the Constitution? ..................... Why am I visualizing Oscar Bedoya of Siera Madre fame?


34 posted on 01/16/2021 10:49:03 AM PST by Bringbackthedraft ( #ReasonableDemocratsforTrump. Where are you?)
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To: blam
Hey Alan!

How do you like YOUR Democrat party now???

35 posted on 01/16/2021 10:54:59 AM PST by gov_bean_ counter (Potemkin Joe - Everything about him is fake)
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To: Gene Eric

>>>The Constitution does in fact matter second to God’s blessings.<<<

Just personally, think it is reversed!! jmo!

Have experienced and continue to, as much as is possible for the frail fallen sinful human!

But how can and where does one go for redress, remedy to the situation, (we, [all of us,] are in.)

Honest question! Really would like an answer! Thanks.

Take care........pilgrim


36 posted on 01/16/2021 10:56:09 AM PST by pilgrim
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To: gov_bean_ counter

Good question. He’s always been so bold and proud to announce that he loves Hillary and voted for her. I actually would love to have someone ask him whether or not he’s changed is mind.


37 posted on 01/16/2021 10:56:14 AM PST by MayflowerMadam (They had to kill somebody for their plan to work. RIP Ashli.)
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To: blam

38 posted on 01/16/2021 11:00:44 AM PST by GrandJediMasterYoda (As long as Hillary Clinton remains free equal justice under the law will never exist in the USA)
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To: GrandJediMasterYoda

That’s perfect!


39 posted on 01/16/2021 11:02:24 AM PST by MayflowerMadam (They had to kill somebody for their plan to work. RIP Ashli.)
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To: blam
"All House Democrats and 10 Republicans impeached the president..." again.

Remove them all from congress NOW! There has to be consequences for breaking Constitutional Law which these fools did.

Then there is the matter requiring dismissal of one Eric Swalwall who as ranking member of its Central Intelligence Agency Subcommittee, having had an affair with the Chinese Spy, Christine Fang, who since fled back to China. Pelosi defended Swalwell at her news conference last week...we must assume the horse had left the barn by the time Swalwell was given his 'defensive briefing'. Swalwall is less than trustworthy, he is also an adulterer.

40 posted on 01/16/2021 11:04:32 AM PST by yoe (President Trump works for We The People - not China as Biden has and will.)
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