Democrats in the U.S. Congress have a serious problem. They want to remove President Trump from office through the impeachment provision in our Constitution. Ongoing investigations and documents show that they have been plotting to do so from the moment he won the election. First it was the clandestine Russia Collusion claim, then obstruction of justice for firing Comey and finally an unidentified whistleblower’s reaction to what was heard second hand about a phone call with the Ukrainians.
Their problem starts with the Constitution’s specific requirements for impeachment. First, the House of Representatives must “accuse” the president of one of four specific “crimes,” then present the “accusation” to the Senate for a trial. Only then, if the Senate agrees by a two-thirds majority vote that one of the four “crimes” has been committed, can the president be removed from office.
Here are the Democrats' serious problems. The two articles for impeachment they have sent to the Senate (“abuse of power” and “obstruction of Congress”) are not among the four specified “crimes,” nor are they actual “crimes” to be found anywhere in our penal codes. Then the Democrats would need 20 of the Republican senators to agree with them. In any case, all of this would be “unconstitutional.”
You needn’t agree with me. The biggest problem the Democrats face is preeminent lawyer/legal scholar Alan Dershowitz, who has been called “one of the most prominent and consistent defenders of civil liberties in America.” In his 2018 book “The Case Against Impeachment,” Professor Dershowitz states, “The whims of Congress cannot overrule the words of the Constitution,” also that they “cannot make up crimes for partisan advantage.” He states that whereas no one is above the law, no one (including the president) is below the law. Our Constitution protects everyone from abuses of our judicial system.
Professor Dershowitz joined the team of President Trump’s lawyers to defend our Constitution. He emphatically claims the Democrats have presented no evidence of any kind to support seeking the removal of President Trump from office through impeachment. Now shunned by old “friends,” he is a courageous man.