A Brief Note About The Impeachment


If history repeats itself in the upcoming vote by senators in the impeachment trial of President Trump, the president will be acquitted. Why? Because no senator in the same party as a president on trial by the senate has ever voted to convict. But this brief article is not about whether the current president will be convicted. It’s about a two-pronged argument advanced by Alan Dershowitz, the most showy and scholarly lawyer on the president’s defense team. The first argument that Mr. Dershowitz makes is that a president cannot be impeached for abuse of power. The second is that a president cannot be impeached for an act that he believes is in the interest of the country. Then Mr. Dershowitz concludes that these two arguments lead to the following conclusion: since President Trump believes that his reelection is in the interest of the country, any action he takes to promote his reelection is not impeachable. Mr. Dershowitz is simply defending what President Trump has said on national television, that article II of the constitution gives him the right to do whatever he wishes. The argument made by President Trump and his scholarly lawyer, if accepted, would make the impeachment clause in the constitution superfluous. It follows that President Nixon could have finished his second term in office and be listed among the wisest and most honorable presidents in American history, if only Alan Dershowitz could have been on his defense team.

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