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Alan Dershowitz: Trump Is Being Impeached for Exercising His First Amendment Rights

‘The jurisdiction is limited to a sitting president and so there won’t be a trial’
By Grabien Staff


DERSHOWITZ: “It will not go to trial. All Democrats can do is impeach the president in House of Representatives, for that you only need majority vote. The case cannot come to trial in the Senate and the Senate has rules and the rules would not allow the case to come to trial until according to the majority leader, until 1:00 P.M. On January 20th, an hour after President Trump leaves office and the Constitution specifically says the presidential be removed from office upon impeachment, et cetera. It doesn’t say the former president. Congress has no power to impeach or try a private citizen, whether it’d be a private citizen in Donald Trump or named Barack Obama or anyone else. The jurisdiction is limited to a sitting president and so there won’t be a trial. What I worry about deeply is the impact of impeachment on the First Amendment. For a hundred years, the supreme Court and other courts have struggled to develop a juries prudence which distinguishes between advocacy and incitement and in the leading case of brand onburg versus Ohio that what President Trump said on Wednesday is protected by the First Amendment of the Constitution, it comes within core political speech and to impeach a president for having exercised his First Amendment rights would be so dangerous to the Constitution, it would lie around like a loaded weapon ready to be used by either party against the other party and that’s not what impeachment nor the 25th amendment were intended to be.”

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