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Alan Dershowitz to Newsmax TV: Disqualifying Trump Won't Work Read Newsmax: Alan Dershowitz to Newsmax TV: Disqualifying Trump Won't Work
Newsmax ^ | Saturday, 23 Jan 2021  | Eric Mack

Posted on 01/23/2021 9:24:56 AM PST by Hostage

While it would take 67 votes in the Senate to "remove" former President Donald Trump, Senate precedent requires just 50 votes to block Trump from running again in 2024, but it will not work, according to constitutional law expert Alan Dershowitz on Newsmax TV.

"This is an attempt to simply control the electoral process in 2024," Dershowitz told "Saturday Report," adding he is not involved in this impeachment trial team for this "political theater" because he is "neither a politician nor an actor."

"It's illegal," Dershowitz told host Carl Higbie. "The Constitution provides for impeachment as an extraordinary remedy only to remove somebody from office. One they're removed from office, you can then disqualify them.

"But you can't impeach somebody simply to disqualify them, because if you could, the party in power could simply impeach any potential candidate in the future and determine who they are running against. That's not what the framers intended."

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


TOPICS: Crime/Corruption; Extended News; Government; Politics/Elections
KEYWORDS: alandershowitz; contraindicated; impeachment; oftenwrong; thedersh; trump
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With 50 votes and a tiebreaker, the Senate can 'condemn' without effect.

"You can't impeach somebody simply to disqualify them, because if you could, the party in power could simply impeach any potential candidate in the future and determine who they are running against." --Derschowitz

1 posted on 01/23/2021 9:24:56 AM PST by Hostage
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To: Hostage

Are you saying that disqualifying Trump won’t work?


2 posted on 01/23/2021 9:26:40 AM PST by Joann37
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To: Hostage

I think that is their intent. They think they are the Uniparty and will be in power forever.


3 posted on 01/23/2021 9:29:15 AM PST by itsateaparty (It's still a (tea) party!)
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To: Joann37

You can’t “disqualify” anybody from running as president, outside of the constitutional requirements stated in the constitution.


4 posted on 01/23/2021 9:29:35 AM PST by SmokingJoe
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To: Hostage

Alcee Hastings was impeached as a FL judge
Then ran for congress, still serving but with terminal cancer


5 posted on 01/23/2021 9:30:09 AM PST by silverleaf (In a time of universal deceit, telling the truth is a revolutionary act.)
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To: Hostage

He sums it up correctly.

This is an attempt by one party to outlaw their opponents.


6 posted on 01/23/2021 9:30:30 AM PST by Regulator (It's Fraud, Jim)
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To: Hostage

You also can’t proceed because now that Trump is a private citizen, a Senate “trial” is an unconstitutional Bill of Attainder.


7 posted on 01/23/2021 9:31:39 AM PST by kaehurowing
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To: Hostage
"But you can't impeach somebody simply to disqualify them, because if you could, the party in power could simply impeach any potential candidate in the future and determine who they are running against. That's not what the framers intended."

And we'll have the final guardians of our Constitution prevent the Demonrats from any illegal actions on this.

Oh, crap. Well, at least the National Archives staff have something to use if they run out of toilet paper.

8 posted on 01/23/2021 9:35:01 AM PST by KarlInOhio (The greatest threat to world freedom is the Chinese Communist Party and Joe Biden is their puppet.)
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To: kaehurowing

Who’s going to stop it? Roberts? 🤣😅😂😁😭


9 posted on 01/23/2021 9:36:30 AM PST by Basket_of_Deplorables (Convention Of States is our only hope now!)
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To: KarlInOhio

I’d love to tell Roberts to wipe that smirk off his face.


10 posted on 01/23/2021 9:36:45 AM PST by MayflowerMadam (They HAD to kill somebody for their plan to work. RIP Ashli.)
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To: Hostage

It won’t work, just like stealing an election won t work because we have a Supreme Court that wo t allow it... oh wait, woops my bad

[[”You can’t impeach somebody simply to disqualify them, because if you could, the party in power could simply impeach any potential candidate in the future and determine who they are running against.” —Derschowitz

and the left says “here, hold my beer, watch this”


11 posted on 01/23/2021 9:37:36 AM PST by Bob434
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To: itsateaparty
I think that is their intent. They think they are the Uniparty and will be in power forever.

Judging from the way the fraudulent "election" was conducted, they would be correct.
12 posted on 01/23/2021 9:37:38 AM PST by systemjim (Lifetime Lover of Music)
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To: Hostage

Where does the Constitution allow banning someone from being President even if they are legitimately impeached? Qualifications are listed and described and it does not mention anything about Congress being able to ban someone. Congress does not have the power to add qualifications without passing an Amendment.


13 posted on 01/23/2021 9:38:28 AM PST by rigelkentaurus
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To: Hostage

They have more than 50 but is still unconstitutional.

Until they pack the Supreme Court.

Btw disqualifying opponents is tyranny.


14 posted on 01/23/2021 9:40:48 AM PST by Williams (Stop Tolerating The Intolerant)
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To: Hostage

Yes, agree.

However, the Democrat Congress just makes up their own rules.

And with the help of Roberts and the three so-called ‘Conservative SCOTUS judges appointed by Trump, will gladly join with the Leftist judges there to agree that the Democrats and do as they please.


15 posted on 01/23/2021 9:40:49 AM PST by KeyLargo
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To: Regulator

They aren’t even the uniparty.
They overthrew an elected President by way of an CONSTITUTIONAL FAKE ELECTION and colluded with the CCP to boot.
Not only are they an occupying regime, they enabled an ACT OF WAR by the CCP.
THEY ALL need to be ARRESTED by the military.


16 posted on 01/23/2021 9:41:46 AM PST by doc maverick (The )
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To: Hostage

“But you can’t impeach somebody simply to disqualify them, because if you could, the party in power could simply impeach any potential candidate in the future and determine who they are running against. That’s not what the framers intended.”

But it’s the new normal Alan, didn’t you get the message?


17 posted on 01/23/2021 9:44:30 AM PST by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: Hostage
As I read the Constitution, they need to get the 67 votes to convict before they can go for the 51 votes to disqualify, which isn't always voted on.

Prime example is Alcee Hastings. As a Federal Judge, he was impeached by the house, convicted by the Senate and removed from office, but was not prohibited from future office holding.

That is why he is a Representative today.

But how can you skip the conviction and go straight to the punishment?

18 posted on 01/23/2021 9:44:37 AM PST by Yo-Yo (is the /sarc tag really necessary?)
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To: Hostage

“Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”


The word “and” means both at the same time. “... removal from office, and disqualification...” If either of them is impossible, the sentence is negated. Impeachment is not possible unless both can be true. Since “removal from office “ does not apply to a private citizen, the entire sentence is not possible.

From Formal Logic.


19 posted on 01/23/2021 9:44:57 AM PST by Basket_of_Deplorables (Convention Of States is our only hope now!)
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To: Hostage

We’ve reached the point where powerful people can do whatever they want.
And they can also punish you for doing perfectly normal things. Like voicing support for President Trump. That’s an actionable offense at this point.


20 posted on 01/23/2021 9:46:46 AM PST by ClearCase_guy (I'm sorry the Q thing didn't work out. We were wrong about that.)
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