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Dershowitz: it's unconstitutional for Pelosi to withhold Senate Trial

Alan Dershowitz, a former law professor at Harvard, stated his belief that it's "difficult to imagine anything more unconstitutional" than Nancy Pelosi withholding the articles of impeachment from a Senate trial for President Donald Trump.

Dershowitz was inspired to voice his opinion after his friend, another Harvard Law Professor, spoke the opposite and wanted Democrats to delay sending the articles - which is what's happening now as Congress went on holiday vacation.

Dershowitz didn't seem to agree with Tribe, so it seemed like a rebuttal was much needed, so he wrote the following on Newsmax.


He [Tribe] would withhold the trial until the Senate agreed to change its rules, or presumably until a new election put many more Democrats in the Senate. Under his proposal, there might never be a Senate trial, but the impeachment would stand as a final and permanent condemnation of President Trump.

It is difficult to imagine anything more unconstitutional, more violative of the intention of the Framers, more of a denial of basic due process and civil liberties, more unfair to the president and more likely to increase the current divisiveness among the American people. Put bluntly, it is hard to imagine a worse idea put forward by good people

Denying President Trump and the American people a trial in the Senate would constitute a variation on the title of my new book, "Guilt by Accusation."


Dershowitz continued that Trump could face two articles of impeachment and not get a trial, which means he does not have the chance to be acquitted. He compared it to a prosecutor indicting a criminal defendant, but not allowing them to have a trial to defend themselves.

This would deny him the right to confront his accusers and to disprove the charges against him. 

This is yet another example of partisans failing the "shoe on the other foot" test. I cannot imagine Pelosi or Tribe proposing this jerry-rigged unconstitutional gambit had Hillary Clinton been elected president, and had a Republican House impeached her.

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They would then be demanding that the Democratic controlled Senate conduct a trial and acquit their improperly impeached candidate.

Alexander Hamilton worried that the greatest danger of misusing the impeachment process would be to make it turn on the comparative votes each party could muster in the House and the Senate. This danger has come to fruition with the current impeachment — the first one in American history — that is based purely on partisan votes.

Reading Dershowitz is amazing. His in-depth analysis of his friend Tribe prove that we can have really interesting and honest conversations to analyze each other critically, but for good reason.

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