Constitutional law expert and Harvard Professor Emeritus Alan M. Dershowitz on Tuesday, Dec. 10, criticized the two articles of impeachment against President Donald Trump.
House Democrats declared abuse of power and obstruction of Congress as basis for impeaching President Trump.
The Hill reported that Dershowitz said the two articles announced by the Democrats “fail to meet constitutional standards.”
“Two House articles of impeachment fail to meet constitutional standards,” tweeted Dershowitz.
Two House articles of impeachment fail to meet constitutional standards. https://t.co/jv0S3p0QzQ
— Alan Dershowitz (@AlanDersh) December 10, 2019
The articles are unconstitutional and damaging to the rule of law. Neither articles “satisfies the express constitutional criteria for impeachment.” Both of these articles—abuse of power and obstruction of Congress—are not crimes or mentioned within the Constitution.
The two articles of impeachment “are so vague and open-ended that they could be applied in partisan fashion by a majority of the House against almost any president from the opposing party,” said Dershowitz.
This meant that House Democrats pursued and sought for the first time ever in American history to impeach a president without bipartisan support in Congress. The House Democrats also could not muster any support from the words of the Constitution, or in the history of its adoption.
In other words, the House Democrats are placing themselves not only above the law. They are putting themselves above the Constitution, pointed out Dershowitz.
The responsibility of lawmakers in the House should be that they “support, defend, and apply the Constitution as written, not as it can be stretched to fit the actions of an opposition or unpopular president,” stated Dershowitz.
“Impeaching Trump for Obstructing Congress Would Harm Checks and Balances,” Dershowitz tweeted and asserted in a statement on Gatestone Institute, International Policy Council website.
Impeaching Trump for Obstructing Congress Would Harm Checks and Balanceshttps://t.co/z2iSckLStO
— Alan Dershowitz (@AlanDersh) December 9, 2019
“The president, as head of the executive branch, is entitled to challenge in court legislative subpoenas that demand material that may be subject to claims of privilege. He is also entitled to insist that the legislature obtain a court order before the executive branch complies. That is how checks and balances work,” stated Dershowitz.
“Congress is not above the law. It cannot simply ignore the words of the Constitution even if a majority of its members want to impeach the president,” wrote Dershowitz.
“For Congress to impeach President Trump for abuse of Congress would be an abuse of power by Congress,” stated Dershowitz.
“Congress should not vote to impeach,” Dershowitz concluded in the Gatestone Institute report. “If it does vote to do so along party lines, it will be acting unconstitutionally and placing itself above the supreme law of the land,” declared the Harvard Law School professor emeritus.