Dershowitz: Trump Impeachment Was "A Referendum On The Constitution, And The Constitution Prevailed And Won" | Video | RealClearPolitics

Dershowitz: Trump Impeachment Was "A Referendum On The Constitution, And The Constitution Prevailed And Won"

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Harvard Law Professor Emeritus Alan Dershowitz commented on President Trump's second impeachment acquittal today on FOX News Channel’s "Sunday Morning Futures" with Maria Bartiromo.


DERSHOWITZ: This was a rebuke to 144 alleged scholars who threatened Trump's lawyers and said, if you dare to even raise a First Amendment defense, that would be legally frivolous, and you could be disciplined and disbarred.

And the Senate smacked them down and said, not only was it not a legally frivolous defense; it was a valid defense. Quite a number of senators voted on First Amendment grounds. Others voted on the constitutional limitation. And some voted on the merits. All you need is enough together.

And I think the Trump team made a very effective argument at the end, saying, you don't have to accept the initial vote that the Senate said it had jurisdiction. You could stick to your dissenting vote. Many of them did. You can apply the First Amendment. This is not a referendum on Donald Trump's actions on December -- on January 6.

This is a referendum on the Constitution. And the Constitution prevailed and won.

And a lot of the media misunderstands it. CNN was saying, oh, it's a contradiction by McConnell. No, it wasn't a contradiction. We're smart enough to understand that the First Amendment covers speech that you don't agree with, speech that you even condemn, and that the Constitution itself places limits on the role of the Senate.

If the Senate voted the other way, it would mean anybody who ever held federal office could be impeached without any statute of limitations, without any limitation of time. It would be an open invitation for one party to preclude a candidate from another party from running. So, the Constitution won.
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