Impeachers Searching for New Crimes
by Alan M. Dershowitz
October 24, 2019 at 5:00 am
The search for the perfect impeachable offense against President Trump is reminiscent of overzealous prosecutors who target the defendant first and then search for the crime with which to charge him. Or to paraphrase the former head of the Soviet secret police to Stalin: show me the man and I will find you the crime.
All civil libertarians should be concerned about an Alice in Wonderland process in which the search for an impeachable crime precedes the evidence that such a crime has actually been committed.
Under our constitutional system of separation of powers, Congress may not compel the Executive Branch to cooperate with an impeachment investigation absent court orders.
Conflicts between the Legislative and Executive Branches are resolved by the Judicial Branch, not by the unilateral dictate of a handful of partisan legislators. It is neither a crime nor an impeachable offense for the president to demand that Congress seek court orders to enforce their demands. Claims of executive and other privileges should be resolved by the Judicial Branch, not by calls for impeachment.
https://www.gatestoneinstitute.org/15069/impeachers-new-crimes
