Skip to main content
Tags: constitutional | alan dershowitz | free speech | violations | house | democrats

Alan Dershowitz to Newsmax TV: House Violated Constitution

By    |   Saturday, 16 January 2021 10:18 AM EST

President Donald Trump did not commit any impeachable offenses, but the House violated the Constitution to suggest he did and are, ironically, immune from reprisals, according to constitutional law expert Alan Dershowitz on Newsmax TV.

"We all hear that the president is not above the law, but Congress is not above the law: When Congress impeached the president earlier this week, they committed six independent violations of the Constitution," Dershowitz told "Saturday Report."

"They violated the free speech provision. They violated the impeachment criteria. They violated the bill of attainder. They violated due process, on and on and on."

Ironically, lawmakers are protected from legal culpability from their congressional actions, so unlike they are doing with the president, they cannot be sought for the allegations against them.

"But the only sanction is to vote them out of office and to bring them to trial in the court of public opinion," Dershowitz told host Carl Higbie. "Senators and congressmen are immune from lawsuits for what they do or say on the floor of the Senate, so there can't be any personal lawsuits.

"And I wouldn't favor recriminations."

All House Democrats and 10 Republicans impeached the president for the second time this week for inciting the storming of the Capitol on Jan. 6, but the president's pursuit of an Electoral College challenge is not grounds for impeachment, Dershowitz noted.

"How can you impeach a president for a speech that is constitutionally protected?" he lamented.

Ultimately, impeachment should die in the Senate as it did the last time, according to Dershowitz, a member of the president's first Senate impeachment trial team.

"The Constitution is very clear, the purpose of impeachment is removal," he concluded, adding the president will be out of office by the time a trial can be held, pointing to the precedent of former President Richard Nixon's resignation ending an impeachment trial in the Senate.

"The Senate cannot try an ordinary citizen."

Important: See Newsmax TV now carried in 70 million cable homes, on DirecTV Ch. 349, Dish Network Ch. 216, Xfinity Ch. 1115, Spectrum, U-verse Ch. 1220, FiOS Ch. 615, Optimum Ch. 102, Cox cable, Suddenlink Ch. 102, CenturyLink 1209, Mediacom Ch. 277, Frontier 615 or Find More Cable Systems – Click Here.

Eric Mack

Eric Mack has been a writer and editor at Newsmax since 2016. He is a 1998 Syracuse University journalism graduate and a New York Press Association award-winning writer.

© 2024 Newsmax. All rights reserved.


Newsmax-Tv
President Donald Trump did not commit any impeachable offenses, but House Democrats violated the Constitution to suggest he did, according to constitutional law expert Alan Dershowitz on Newsmax TV.
constitutional, alan dershowitz, free speech, violations, house, democrats
375
2021-18-16
Saturday, 16 January 2021 10:18 AM
Newsmax Media, Inc.

Sign up for Newsmax’s Daily Newsletter

Receive breaking news and original analysis - sent right to your inbox.

(Optional for Local News)
Privacy: We never share your email address.
Join the Newsmax Community
Read and Post Comments
Please review Community Guidelines before posting a comment.
 
TOP

Interest-Based Advertising | Do not sell or share my personal information

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

NEWSMAX.COM
America's News Page
© Newsmax Media, Inc.
All Rights Reserved
Download the NewsmaxTV App
Get the NewsmaxTV App for iOS Get the NewsmaxTV App for Android Scan QR code to get the NewsmaxTV App
NEWSMAX.COM
America's News Page
© Newsmax Media, Inc.
All Rights Reserved