Dershowitz Backs Trump: SCOTUS Could Counter Impeachment

June 2, 2019
2740 Views

Fox Contributor and Former Harvard Law Professor Alan Dershowitz called out Dems who recently berated Trump. Critics claim that Trump could not use the SCOTUS to defend himself against impeachment. But Dershowitz agrees with Trump, it could be done.

Alan Dershowitz recently made an argument along the same lines, writing in an essay on ‘The Case Against Impeaching Trump’ that ‘[w]ere a president to announce that he refused to accept the actions of the Senate in voting for his removal … and that he would not leave office unless the Supreme Court affirmed his removal, the people might well agree with him.’”

However, my argument did not come from nowhere, either.

Two former, well-respected justices of the Supreme Court first suggested that the judiciary may indeed have a role in reining in Congress were it to exceed its constitutional authority. Justice Byron White, a John F. Kennedy appointee, put it this way: “Finally, as applied to the special case of the President, the majority argument merely points out that, were the Senate to convict the President without any kind of trial, a Constitutional crisis might well result. It hardly follows that the Court ought to refrain from upholding the Constitution in all impeachment cases. Nor does it follow that, in cases of presidential impeachment, the Justices ought to abandon their constitutional responsibility because the Senate has precipitated a crisis.”

Justice David Souter, a George H. W. Bush appointee, echoed his predecessor: “If the Senate were to act in a manner seriously threatening the integrity of its results … judicial interference might well be appropriate.”

It is not too much of a stretch from the kind of constitutional crises imagined by these learned justices to a crisis caused by a Congress that impeached a president without evidence of “high crimes and misdemeanors.” The president is not above the law, but neither is Congress, whose members take an oath to support, not subvert, the Constitution. And that Constitution does not authorize impeachment for anything short of high crimes and misdemeanors. ”

If the Dems were to continue down this path and impeach Trump without having any real reason to, it would be a constitutional crisis. And that is where SCOTUS would come in to decide what is what.

But right now the Dems are just all talk. They can bark as loud as they want, but no one is going to follow through unless they have concrete evidence, and we already know Trump is innocent. This is just the Dems spinning their wheels trying to demonize the president on a grand scale.

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