Has Alan Dershowitz Just Lost His Mind?

Has Alan Dershowitz Just Lost His Mind? July 11, 2018

Watching Alan Dershowitz cuddle up to Donald Trump has been disconcerting, to say the least. Sometimes even someone we despise may be acting within the law, and we shouldn’t let partisanship change our position on such matters. But Dershowitz is now making arguments that are just plain baffling. Like this one:

Sage Ross CC BY-SA 2.0



Legal scholar Alan Dershowitz writes in a new book that the Supreme Court could intervene if President Trump is impeached, overturning a congressional vote to remove him from office for “collusion” with Russia during the 2016 election.

Even if public evidence of collusion were to emerge, the Harvard Law School professor emeritus writes in “The Case Against Impeaching Trump” that it would not be a crime, contending Trump could collude to let Russia retake Alaska without grounds for removal from office.

“It’s not a crime to collude with a foreign government. Maybe it should be, but it’s not,” he told the Washington Examiner ahead of the book’s Tuesday release.

Dershowitz argues in the book that collusion would be a “political sin” that doesn’t meet the Constitution’s specification of “treason, bribery, or other high crimes and misdemeanors” for removal from office.

Judicial review might be triggered, he writes, because “this president (and perhaps others) might well refuse to leave office if Congress voted to impeach and remove him based on ‘offenses’ that were not among those enumerated in the Constitution.”

Oh for crying out loud. Let me tell you exactly what would happen if Congress did impeach Trump for collusion with Russia, or for anything else whatsoever, and Trump tried to challenge that with the Supreme Court. They would put the legal complaint into an envelope, stamp “non-justiciable political question” on the outside of it and return to sender. The Supreme Court wouldn’t touch that case with a 10,000 foot pole. They’d leave skid marks getting away from it.

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