onePolitics Blog (tm)
a blog exploring politics
If Dershowitz Is Right & Impeachment Requires A Potential Crime Then The Law Shows Trump Is Subject to Impeachment
NBC News Reports:
The controversial defense attorney has recently come under criticism for advancing a constitutional theory that contradicts the stance he took during the 1999 impeachment proceedings against President Bill Clinton, an argument that 500 of the nation’s top constitutional scholars dispute.
In that instance, Dershowitz said there "doesn't have to be a crime" to impeach a president, just that the president is "somebody who completely corrupts the office." NBC
Now in a moment of hypocrisy Dershowitz argues:
"Purely non-criminal conduct such as abuse of power and obstruction of Congress are outside the range of impeachable offenses," Dershowitz said, referring to the Democrats' two articles of impeachment against Trump. Fox News
Dershowitz is wrong- a crime is not required for impeachment. Even if a crime were required, Trump allegedly committed crimes:
The New York Times Nikolas Bowie an assistant professor at Harvard Law School writes:
Common-law crimes are no harder to define with precision than crimes written down in a statute. Ask any first-year law students for the common law’s definition of burglary and they’ll (hopefully) be able to tell you: “the breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony.” If someone is accused of burglary in a state where the crime isn’t defined by statute, no defense lawyer would respond by announcing that burglary is vague or made up. Burglary is an established crime, even where its definition exists only in legal treatises and judicial opinions.
President Trump’s defense falls apart for precisely the same reason. As with burglary, American legal treatises and judicial opinions have long recognized the criminal offense of “abuse of power,” sometimes called “misconduct in office.” In 1846, the first edition of the pre-eminent treatise on American criminal law defined this common-law offense as when “a public officer, entrusted with definite powers to be exercised for the benefit of the community, wickedly abuses or fraudulently exceeds them.” The treatise noted that such an officer “is punishable by indictment, though no injurious effects result to any individual from his misconduct.”
Courts from Michigan to Maryland have recently upheld convictions of government officials for committing this common-law crime — despite objections that the crime has never been codified by statute. And the House, in its first article of impeachment, has accused Mr. Trump of exactly what the law prohibits: He “abused the powers of the presidency” for “corrupt purposes in pursuit of a personal political benefit.”
As for “obstruction of Congress,” that’s not only a common-law crime. Versions of the crime have also been listed in the federal criminal code since the 19th century.
Therefore, even if a crime were required for impeachment, Trumps acts show that he meets the criminal standard outlined by Mr. Dershowitz, a fact that Dershowitz conveniently overlooks in the arguments defending Donald Trump.
Here is the bottom line. The facts support allegations that Trump engaged in criminal activity as defined by the law. Therefore, under the Dershowitz analysis Trump's impeachment is valid.
“Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong remedies.”
This section will not be visible in live published website. Below are your current settings:
Current Number Of Columns are = 1
Expand Posts Area =
Gap/Space Between Posts = 10px
Blog Post Style = card
Use of custom card colors instead of default colors = 1
Blog Post Card Background Color = current color
Blog Post Card Shadow Color = current color
Blog Post Card Border Color = current color
Publish the website and visit your blog page to see the results