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Dershowitz - The Case Against the Democratic House Impeaching Trump

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Dershowitz The Case Against the Democratic House Impeaching Trump
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One of Americas most celebrated lawyers and a Democrat explains why impeachment proceedings would be a bad idea for Americaand only intensify the larger problem with our democracy.
In the 2018 New York Times bestseller The Case Against Impeaching Trump, Alan Dershowitz lamented how American political discourse has devolved into hypocrisy and the criminalization of political differences in the rush to impeach President Donald Trump. Arguments to impeach Trump failed Dershowitzs shoe on the other foot test, or his political golden rule: Democratz must do unto Republicans what they would have Republicans do unto them, and vice versa.
Since then, weve only become more dividedand the impeachment power wielded by the new Democratic majority in the House of Representative threatens to further polarize the country.
The Case Against the Democratic House Impeaching Trump includes and expands upon Dershowitzs...

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Also by Alan Dershowitz The Case Against Impeaching Trump The Case Against - photo 1

Also by Alan Dershowitz

The Case Against Impeaching Trump

The Case Against BDS: Why Singling Out Israel for Boycott Is Anti-Semitic and Anti-Peace

Trumped Up: How Criminalization of Political Differences Endangers Democracy

Electile Dysfunction: A Guide for Unaroused Voters

The Case Against the Iran Deal

Terror Tunnels: The Case for Israels Just War Against Hamas

Abraham: The Worlds First (But Certainly Not Last) Jewish Lawyer

Taking the Stand: My Life in the Law

The Trials of Zion

The Case for Moral Clarity: Israel, Hamas and Gaza

The Case Against Israels Enemies: Exposing Jimmy Carter and Others Who Stand in the Way of Peace

Is There a Right to Remain Silent? Coercive Interrogation and the Fifth Amendment After 9/11

Finding Jefferson: A Lost Letter, a Remarkable Discovery and the First Amendment in the Age of Terrorism

Blasphemy: How the Religious Right is Hijacking Our Declaration of Independence

Pre-emption: A Knife That Cuts Both Ways

What Israel Meant to Me: By 80 Prominent Writers, Performers, Scholars, Politicians and Journalists

Rights From Wrongs: A Secular Theory of the Origins of Rights

America on Trial: Inside the Legal Battles That Transformed Our Nation

The Case for Peace: How the Arab-Israeli Conflict Can Be Resolved

The Case for Israel

America Declares Independence

Why Terrorism Works: Understanding the Threat, Responding to the Challenge

Shouting Fire: Civil Liberties in a Turbulent Age

Letters to a Young Lawyer

Supreme Injustice: How the High Court Hijacked Election 2000

Genesis of Justice: Ten Stories of Biblical Injustice that Led to the Ten Commandments and Modern Law

Just Revenge

Sexual McCarthyism: Clinton, Starr, and the Emerging Constitutional Crisis

The Vanishing American Jew: In Search of Jewish Identity for the Next Century

Reasonable Doubts: The Criminal Justice System and the O.J. Simpson Case

The Abuse Excuse: And Other Cop-Outs, Stories and Evasions of Responsibility

The Advocates Devil

Contrary to Popular Opinion

Chutzpah

Taking Liberties: A Decade of Hard Cases, Bad Laws, and Bum Raps

Reversal of Fortune: Inside the Von Blow Case

The Best Defense

Criminal Law: Theory and Process (with Joseph Goldstein and Richard Schwartz)

Psychoanalysis, Psychiatry, and Law (with Joseph Goldstein and Jay Katz)

Copyright 2019 by Alan Dershowitz All rights reserved No part of this book may - photo 2

Copyright 2019 by Alan Dershowitz

All rights reserved. No part of this book may be reproduced in any manner without the express written consent of the publisher, except in the case of brief excerpts in critical reviews or articles. All inquiries should be addressed to Skyhorse Publishing, 307 West 36th Street, 11th Floor, New York, NY 10018.

Hot Books may be purchased in bulk at special discounts for sales promotion, corporate gifts, fund-raising, or educational purposes. Special editions can also be created to specifications. For details, contact the Special Sales Department, Skyhorse Publishing, 307 West 36th Street, 11th Floor, New York, NY 10018 or .

Hot Books and Skyhorse Publishing are registered trademarks of Skyhorse Publishing, Inc., a Delaware corporation.

Visit our website at www.hotbookspress.com

10 9 8 7 6 5 4 3 2 1

Library of Congress Cataloging-in-Publication Data is available on file.

Cover design by Brian Peterson

ISBN: 978-1-5107-4770-8

Ebook ISBN: 978-1-5107-4771-5

Printed in the United States of America

Dedication

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This book is respectfully dedicated to an endangered species: genuine civil libertarians who pass the shoe on the other foot test.

Acknowledgments

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M y appreciation to my wife, Carolyn Cohen, who reads, reviews, and corrects everything I write, and to Elon Dershowitz, Jamin Dershowitz, Ella Dershowitz, and others who critiqued my words. Also, thanks to Harvey Silverglate and Alan Rothfeld for reviewing and critiquing the manuscript.

This book could not have been written without the valuable assistance of my research team, Aaron Voloj Dessauer, Jennifer Barrow, and Hannah Dodson, who researched and contributed to the text and footnotes, and my assistant, Maura Kelley, who deciphered and typed my handwritten drafts and provided her usual invaluable assistance. You all know how much I appreciate your extraordinary efforts. A special thanks to my agent, Karen Gantz, who guided me through the process.

Also, my thanks to Michael Campbell, Tony Lyons, and Bill Wolfsthal of Skyhorse Publishing for their speed and professionalism in getting the book ready for print.

Authors Note

The Case Against the Democratic House Impeaching Trump - image 5

P art I of the following text was originally printed in The Case Against Impeaching Trump (Hot Books, an imprint of Skyhorse Publishing, 2018). In the months since the original publication, I have only seen the issues discussed therein worsen. In hopes of contributing to a more tolerant, less extreme, more nonviolent, and more critical America, Ive added to, updated, and revised my arguments and published them here. For the sake of democracy, I hope they are widely read.

Contents

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PART I:
THE CONSTITUTIONAL CASE FOR IMPEACHING TRUMP DOESNT PASS THE LEGAL TEST

PART II:
THE POLITICAL CASE FOR IMPEACHING TRUMP DOESNT PASS THE SHOE ON THE OTHER FOOT TEST

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Part I:
The Constitutional Case Against Impeaching Trump Doesnt Pass the Legal Test

The Case Against the Democratic House Impeaching Trump - image 8

A s a liberal democrat who worked hard to try to win back the House of Representatives, I urge my fellow Democrats not to shoot themselves in the foot by trying to impeach President Trump. As soon as it was announced that the Democrats had won control of the House, radical leftists were urging them to impeach President Trump. In an op-ed in the New York Times entitled Why Democrats Must Impeach the President, billionaire Democratic activist Tom Steyer demanded that the new Democratic House majority must initiate impeachment proceedings against him as soon as it takes office in January. Some newly elected Democratic members of Congress who ran on the promise to impeach President Trump are also demanding that articles of impeachment be prepared, as are some in the media.

There are several reasons why this would be a mistake. The first is constitutional: it would be unconstitutional to impeach Trump unless there was substantial evidence that, while in office, he committed treason, bribery, or other high crimes and misdemeanors. Second, it would be a costly political blunder for the Democratic members of Congress who now control the House to fritter away their hard-earned mandate by engaging in a futile effort to remove President Trump. The effort would almost certainly fail unless dramatic new evidence of high crimes and misdemeanors were to emerge, because it would be impossible to secure the two-thirds supermajority in the Senate that is required to remove a sitting president. Finally, it would be hypocritical in the extreme for Democrats to do to President Trump what the Republicans did to President Bill Clinton: namely, impeach him for conduct that did not constitute a constitutionally impeachable offense. Democrats, including me, railed against Republicans for impeaching Bill Clinton, as we did when Republicans threatened to impeach and/or lock up Hillary if she became president. Impeaching President Trump would not pass what I call the shoe on the other foot test, which I explain in Part II of this book.

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