Alan Dershowitz Questions if Trump Criminal Referral Is Constitutional

Newsweek ^ | 19 Dec 2022 | KAITLIN LEWIS

[blueplum]

Attorney Alan Dershowitz says that the House committee investigating January 6 violated the U.S. Constitution in several ways by referring former President Donald Trump for prosecution...

..."Congress has only legislative powers," Dershowitz argued on his show. "It does not have prosecutorial authority....I challenge anybody to show me anything in this Constitution which explicitly or even implicitly gives Congress the power to refer cases of individuals for prosecution."...

.Dershowitz also pointed to Section 3 of Article 1, which states that Congress cannot pass a bill of attainder—a piece of legislation that declares .....

[SecondAmendment]

Dershawitsz will denounce everything the Democrats do as “unconstitutional” on TV, yet curiously he still votes for them ...

[lee martell]

Probably not, but the Dems are not expecting any serious pushback. They expect most the public and most the GOP will either praise what they’ve set into motion or just stay quiet.

[qaz123]

Isn’t the trash they came up with a referral to the DOJ? Look what we found, you should investigate it.

[roving]

The panel wasn’t constitutional, so the referrals aren’t either

[lepton]

A congressional referral has no actual authority, does it?

[jdege]

I think that Congress is on pretty solid legal ground - because the referral has no legal meaning.

Anybody and his brother can send a letter to the AG suggesting that someone should be indicted. The AG is under no obligation to act on it.

This referral is no different.

[Chad C. Mulligan]

Law doesn't matter to Dems, they're after the weeks of headlines that will distract the hoi polloi from the messes they've made of our economy, foreign policy, and of course the Hunter Biden crime wave.

[A strike]

Dershowitz, Turley and Maher are very intelligent.
They need to stop sniffing around the red pill and just take it to be intellectually honest.

-fJRoberts-

[Samurai_Jack]

It’s not, not a bill of attainer...

The congress relies on the ignorance of the american public to step right up to the line of ‘bill of attainer’ but not cross it. So it’s the legislature declaring that trump has committed a crime without passing an actual law to say so. That’s every bit of the ‘bill of attainer’ except the legislation part. The american people can say ‘it’s constitutional because it’s not enforcable’. And the media will paint trump as a criminal with a 14inch Roller brush, primer and two coats.

[Bullish]

You mean 'bill of attainder' right?

[TalBlack]

Stealing an election isn’t constitutional either, but they did it. They’ll do as they damn well please until someone stops them.

Keep talking second amendment, Kari, that’s constitutional too.

[chopperk]

Congressional rules make the committee Unconstitutional. The committee is not duly constituted, ergo, Unconstitutional. Their referral is no more legal than the NY Times making such a statement or referral.

[mewzilla]

SNORT.

We’re no longer a republic.

Constitutional is whatever Deep State says it is.

[Lonesome in Massachussets]

I am not so sure about Dershowitz voting Democrat anymore. Moving the Embassy to Jerusalem, and left-wing anti-Semitism seems to have affected him. And the utter lunacy of the academy.

[USCG SimTech]

It’s not, not a bill of attainer...

The congress relies on the ignorance of the american public to step right up to the line of ‘bill of attainer’ but not cross it. So it’s the legislature declaring that trump has committed a crime without passing an actual law to say so. That’s every bit of the ‘bill of attainer’ except the legislation part. The american people can say ‘it’s constitutional because it’s not enforcable’. And the media will paint trump as a criminal with a 14inch Roller brush, primer and two coats.

The J6 committee paperwork output is not a bill of attainer. The legislative action inferred, bill of attainer, implies the ENTIRE legislative body passing or taking up a bill. Not a rogue group of radicals blathering on about this or that and putting that into a memo on official congressional stationary.

All theater without teeth.

[FMBass]

I watched Alan Dershowitz’s pod cast on this subject last night (admittedly, I am not a fan, but the dude knows the law). He offered reasons why the referral is unconstitutional, the primary reason being the separation of powers detailed in the Constitution. Simply put, the legislative branch is not authorized by the Copnstition to prosecute, only to legislate. He also discussed why this is indeed a “bill of attainder”.

[Hostage]

DOJ Special Scumbag Jack Smith, a real piece of sh*t:

This gangster thug with a law degree will be set loose on Trump. He will try to run out the clock on Trump’s candidacy for 2024.

BACKGROUND

Smith was the chief of the Justice Department’s Public Integrity Section in the nation’s capital from 2010 until early 2015, leading a team of 30 prosecutors in conducting public corruption cases throughout the United States.

During his years as chief, Smith’s unit garnered a successful conviction against former Gov. Bob McDonnell (R-VA), which was later unanimously overturned by the Supreme Court, and pursued a case against Democratic vice presidential candidate and former Sen. John Edwards (D-NC), which resulted in a hung jury and a mistrial. Smith's team also secured a conviction against Rep. Rick Renzi (R-AZ) before he was pardoned by Trump in 2021 and laid the groundwork for what would become the unsuccessful prosecution of Sen. Bob Menendez (D-NJ).

“Today, I signed an order appointing Jack Smith to serve as special counsel,” Garland announced during his Friday press conference. “The order authorizes him to continue the ongoing investigations into” the Capitol riot and the Mar-a-Lago saga, the attorney general said, “and to prosecute any federal crimes that may arise from those investigations.”

https://www.washingtonexaminer.com/news/justice/special-counsel-jack-smith-mixed-history-pursuing-politicians

Now pay attention:

MAGA needs merciless prosecutors to go after the Buden Gang, the Merrick Garlands, the Chris Wrays, the Jack Smiths, at local, county, state levels on any pretext, even petty crime, spitting on the sidewalk, looking at seniors causing emotional distress with sinister stares, anything and everything; HARDLINE AND HARDBALL.

Soros is already capturing prosecutors. He has at least 22 in his pocket as of January this year. George Gascon is one of them.

MAGA must wage lawfare with prosecutors willing to die for their country, because surely Garland and his goons will come after MAGA prosecutors to defrock them in waging DOJ lawfare.

But the effect will be a war of attrition, tying up enemy resources with hit and runs, ambushes, diversions, frustrating their efforts at every level.

The wildcard is in unraveling the election rigging by political cartels. This must be pursued in parallel with the guerilla lawfare briefly alluded to above.

[FlingWingFlyer]

Dershowitz trying to play the Grinch to the commie RATs’ Festivus and Kwanzaa Forever celebrations/fundraisers. LOL.

[I want the USA back]

The democrats have ripped up the Constitution in their mad hate for this country.