Author Topic: Alan Dershowitz: The Constitution won't permit Democrats to impeach Brett Kavanaugh  (Read 510 times)

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Alan Dershowitz: The Constitution won't permit Democrats to impeach Brett Kavanaugh
by Naomi Lim
 | October 08, 2018 02:30 PM



Democrats seeking to impeach Supreme Court Justice Brett Kavanaugh will be hamstrung by the Constitution, according to Harvard Law School Professor Emeritus Alan Dershowitz.

"The Constitution would not permit impeachment of a sitting justice for actions he took while a private citizen 35 years ago, nor would it permit using the laws of perjury, which are very tough," Dershowitz said Monday during an interview with Fox News.

Rep. Jerrold Nadler, the New York Democrat poised to chair the House Judiciary Committee should his party win a majority after the 2018 midterm elections, has suggested the panel may investigate Kavanaugh under his leadership. Reps. Luis Gutierrez, D-Ill., and Ted Lieu, D-Calif., have already voiced their support for probing the newly installed justice.

Pushing aside the high legal bar, Dershowitz added on Monday that Democrats would also face political ramifications should they try to remove Kavanaugh from the bench.

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https://www.washingtonexaminer.com/news/alan-dershowitz-the-constitution-wont-permit-democrats-to-impeach-brett-kavanaugh
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Online mountaineer

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Dems aren't listening, so Dersh may as well be farting in the wind. There's a segment that's bound and determined to impeach anyone they darn well please, the Constitution and the existence of actual impeachable offenses be damned.
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Offline GtHawk

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Dems aren't listening, so Dersh may as well be farting in the wind. There's a segment that's bound and determined to impeach anyone they darn well please, the Constitution and the existence of actual impeachable offenses be damned.
When has a two year old child throwing a tantrum ever listened? What has really shocked the democrats is that when they threw a tantrum this time the Republicans didn't fold like a weak parent and give in. What the democrats need is more spankings and less capitulations from the Republicans.



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Online Maj. Bill Martin

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I heard Dershowitz when he said that, and I wouldn't put much stock in it.  He was more just commenting on how it would violate the "spirit" of impeachment.  He wasn't stating a legal prediction.

Truth is that the House has sole decision-making authority as to the grounds for impeachment, and the Senate has sole authority to convict or not.  There's no judicial review as to whether or not the grounds are "adequate", nor should there be.<p>

Doesn't mean that Congress should ignore what the Constitution says are grounds for impeachment. Just saying that decision ultimately is up to Congress itself.

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Nadler phormerly  phat phuque.

Now stoopid phuque.
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