Eighty-one-year-old emeritus Harvard Law Professor and defense attorney Alan Dershowitz acknowledged today he’s joining 73-year-old President Donald Trump’s defense team when he face an upcoming Senate impeachment trial. Seventy-seven-year-old Senate Majority Leader Mitch McConnell (R-Ky.) has hinted that the Senate trial could last the bat-of-an-eyelash if he gets his way, allowing GOP Senators to vote with a simple majority to acquit Trump. House Democrats led by 72-year-old Judiciary Chairman Jerold Nadler (D-N.Y.) finished debate on two articles of impeachment, (1) the abuse of power and (2) obstruction of Congress. Nadler expects to advance the articles to the House floor for a full vote next week, something he believes has the votes to pass. Once approved by the House, the impeachment articles move to the U.S. Senate for trial with Supreme Court Chief Justice John Roberts presiding.
Trump wanted to call 77-year-old former Vice President Joe Biden, his 50-tyear-old son Hunter, 59-year-old House Intelligence Committee Chairman Adam Schiff (D-Calif.) and possibly the so-called “whistleblower,” who continues, for the moment, to remain anonymous. Dershowitz attended a Hanukah party at the White House today, before acknowledging he’s been asked to join Trump’s legal team led by 53-year-old White House Counsel Pat Cipolione. McConnell said he’s exploring his options but doesn’t see the trial lasting too long, despite obligated to let Democrat impeachment managers present their case. If McConnell calls of a simple majority vote to acquit Trump, it could drag the controversy on, rather than letting House Democrats present its case. Dershowitz believe the two articles of impeachment are too broad and vague, to be constitutional.
Under Article 1, Section 4, the U.S. Constitution specifies conditions for impeachment, including “high-crimes-and-misdemeanors,” including bribery, obstruction or justice, perjury, larceny, domestic battery, etc., or any other serious crime. Dershowitz thinks there’s no provision in the Constitution to charge the president with abuse of power when it comes to dealing with foreign officials or obstruction of Congress. There’s legitimate reasons the executive branch has “executive privilege,” to circumvent Congressional subpoenas. House Intelligence Chairman Adam Schiff (D-Calif.) subpoenaed the president’s legal counsel Don McGahan, someone entitled to Executive Privilege. Calling that ”obstruction of Congress” smacks of Article 1 abuse, where Congress overstepped its oversight authority. Dershowitz sees the House’s current articles of impeachment as unconstitutional.
Whenever the House gets around to approving articles of impeachment, McConnell plans to spend a little time as possible on an impeachment trial. Senators have already heard or read about the Intel or Judiciary Committee’s case against Trump. Unlike past impeachment proceedings, one against President Richard Nixon in 1973 and the other against President Bill Clinton in 1998, there was some bipartisan support. Schiff and Nadler presented their one-sided case, receiving no one Republican vote. McConnell wants to spare the Senate—and the country—a lengthy trial that would change no minds. “I feel very strongly that the proposed articles of impeachment endanger the Constitution and endanger the separation of powers,” said Dershowtiz, coming to Trump’s defense. House Democrats have weaponized the impeachment process, ignoring Dershowitz’s points.
Trump wanted his day in court to let his attorneys counter the smears coming from the Democrat-led House. But McConnell wants no part of a lengthy trial where witnesses for Democrats and Republicans are strung out for weeks, maybe longer. McConnell plans to expedite any Senate trial because the outcome of acquittal is not in doubt. Trump won’t get his chance to put Schiff on the witness stand or, for that matter, get to cross-examining Joe and Hunter Biden. Dershowitz, if he has any role at all, will handle Constitutional issues, including the articles themselves. Dershowitz says Democrats can’t invent high-crimes-and-misdemeanors for the purpose of impeaching Trump. He doesn’t see the abuse of power or obstruction of Congress as Constitutional because they’re not specified in Article 2. Democrats expect to present their case at any Senate trial.
McConnell faces some tough choices to stem the criticism that he plans to either dismiss the impeachment charges outright or call a trial without witnesses. McConnell knows Democrats do not have the votes needed to convict Trump in the Senate. If he dismissing the charges on a simple majority vote, McConnell will be accused of violating the Constitution. When McConnell receives the approved articles of impeachment from the House, he’ll most likely let Democrats make their best case against Trump. Getting Dershowitz on board helps bolster Trump’s defense because he’s generally considered a libertarian defense attorney. Democrats would have a tough time refuting his premise that the articles of impeachment are too broad and vague to be considered Constitutional. Letting Dershowitz present Trump’s case would neutralize Democrats claim of political bias, letting the Constitutional scholar present his arguments.
