Democrats Cannot Impeach Trump, and You Can’t Impeach Him After Leaving Office: Dershowitz
By Jack Phillips
January 10, 2021 Updated: January 10, 2021
Harvard Law professor emeritus Alan Dershowitz said Democrats have virtually no chance of successfully impeaching and removing President Donald Trump before Inauguration Day on Jan. 20.
“The case cannot come to trial in the Senate. Because the Senate has rules, and the rules would not allow the case to come to trial until, according to the majority leader, until 1 p.m. on January 20th, an hour after President Trump leaves office,†Dershowitz said in a Fox Business interview on Sunday.
Dershowitz, who defended Trump during the Senate impeachment trial about a year ago, suggested that the Constitution does not allow for impeaching a former president.
“And the Constitution specifically says, ‘The President shall be removed from office upon impeachment.’ It doesn’t say the former president. Congress has no power to impeach or try a private citizen, whether it be a private citizen named Donald Trump or named Barack Obama or anyone else,†he said.
It comes as House Democrats have proposed articles of impeachment after Trump made a speech to protesters near the Capitol. Some critics have claimed Trump incited the crowd into violence before a group stormed the Capitol building.
Trump told the crowd beforehand that their protest shows “the kind of pride and boldness that they need to take back our country†and “let us walk down Pennsylvania Avenue.†The president did not tell the protesters to breach the Capitol or commit acts of violence and later condemned them.
At one point, Trump told the protesters to “peacefully and patriotically make your voices be heard.â€
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