OPINION
Published 5 hours ago
Alan Dershowitz: Congress is not above the law when it comes to impeachment – Don’t weaponize the Constitution
OPINION - By Alan Dershowitz | Fox News
How impeachment debate derailed infrastructure talks, threatens Democratic agenda
President Trump cuts short meeting with top Democrats after Nancy Pelosi says he's engaged in a cover-up; senior producer Chad Pergram reports from Capitol Hill.
The mantra invoked by those Democrats who are seeking to impeach President Donald Trump is that “No one is above the law.” That, of course, is true, but it is as applicable to Congress as it is to the president. Those members of Congress who are seeking to impeach the president, even though he has not committed any of the specified impeachable offences set out in the Constitution, are themselves seeking to go above the law. All branches of government are bound by the law. Congressmen, presidents, justices, judges must all operate within the law. All take an oath to support the Constitution, not to rewrite it for partisan advantage.
It is the law that exempts presidents from being prosecuted or impeached for carrying out their Constitutional authority under Article 2. The same Constitution precludes members of Congress from being prosecuted for most actions taken while on the floor of the House and Senate or on the way to performing their functions. The same Constitution, as interpreted by the courts, bestows immunity on judges for actions which would be criminal or tortious if engaged in by non-judicial individuals. None of this means that these government officials are above the law. It means that their immunized actions are within the law.
TRUMP ERUPTS, BLOWS UP MEETING, AS PELOSI PURSUES IMPEACHMENT LITE
The Constitution, which is the governing law, precludes Congress from impeaching a president for mere “dereliction” of duty or even alleged “corruption.” Under the text of the Constitution, a president’s actions to be impeachable must consist of treason, bribery or other high crimes and misdemeanors.
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READ MORE: https://www.foxnews.com/opinion/alan-dershowitz-congress-is-not-above-the-law-when-it-comes-to-impeachment-dont-weaponize-the-constitution
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The time has come to stop weaponizing the Constitution and our legal system for partisan advantage. Impeachment would be a lawless response to undertake, as is the use of partisan committees to obtain an electoral advantage.
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