Harvard Law School Professor Emeritus Alan Dershowitz on Monday, Jan. 11, slammed Democrats over their push to impeach President Donald Trump for a second time.
“All the Democrats want to do is simply impeach him,” Dershowitz told Fox News’s “Hannity.” “They can do that. All you need is to have the votes, the majority, and [Alexander] Hamilton warned against impeachment simply by having the majority.”
“But they don’t want to actually bring it to trial,” Dershowitz added. “They just want to have the accusation hanging over him. It would be like a prosecutor indicting somebody for a serious crime and then saying, ‘But we’re not going to give you a trial where you can prove your innocence.'”
House Democrats on Monday formally introduced a resolution charging President Trump with “incitement of insurrection” for the speech he gave before the Capitol building breach last week.
The president in the speech that day told his supporters to “peacefully and patriotically make your voices heard” at the Capitol. In a Twitter video deleted by the platform, the president urged them to be peaceful and go home after a group of rioters and protesters stormed the Capitol building.
In a letter to colleagues, House Speaker Nancy Pelosi (D-Calif.) referred to President Trump as an “imminent threat” to both the U.S. Constitution and democracy. Over the weekend, she admitted that the prospect of President Trump running for president again is one of the motivations that “the people have for advocating for impeachment.”
Pelosi has been trying to pressure Vice President Mike Pence and the Cabinet to remove President Trump via the 25th Amendment, which Pence reportedly opposed. A House Republican on Monday blocked a resolution calling on Pence to invoke the amendment.
The House is scheduled to vote on the resolution to impeach President Trump on Wednesday. If the House votes to impeach the president, a Senate trial would follow but not likely before Jan. 20 at 1 p.m., which is one hour after President Trump leaves office.
Dershowitz insisted that Congress does not have the power to hold an impeachment trial for a former president.
“The Constitution talks about impeachment as being a mechanism for removing somebody from office. It also says if you remove him from office, then you can disqualify him further, but you can’t just have a trial designed to disqualify him from running in 2024,” he said.