Harvard Law School professor emeritus Alan Dershowitz said Feb. 6 that congressional lawmakers are violating the U.S. Constitution with what he described as a “show trial” against former President Donald Trump.
Dershowitz argued that an effective legal defense is based on challenging the constitutionality of the allegations against Trump.
“Congress has put itself above the law,” Dershowitz said. “They say the president is not above the law; they’re right, but Congress is not above the law, and the law makes specific provisions for when a president can be impeached, and you can’t impeach a president in violation of the First Amendment.”
Meanwhile, Trump’s lawyers sent a letter to Rep. Jamie Raskin (D-Md.), the House of Representatives’ lead impeachment manager, on Feb. 4, rejecting his attempt to get Trump to testify in the impeachment trial.
“We are in receipt of your latest public relations stunt. As you certainly know, there is no such thing as a negative inference in this unconstitutional proceeding,” attorneys Bruce Castor and David Schoen wrote to Raskin.
“Your letter only confirms what is known to everyone: you cannot prove your allegations against the 45th President of the United States, who is now a private citizen. The use of our Constitution to bring a purported impeachment proceeding is much too serious to play these games.”
Dershowitz, in his remarks to Newsmax, said Trump made the right call in refusing to testify.
“The president made the right decision. You don’t walk into a perjury trap when you have people who you know are going to be hostile to you,” Dershowitz said.
“The brief filed by the House managers advocating the conviction and disqualification of citizen Donald Trump contains a frontal attack on freedom of speech for all Americans,” Dershowitz wrote.
Democrats face an uphill battle in the Senate in their pursuit of an impeachment conviction against Trump. Forty-five Republican senators voted in favor of a resolution calling the trial unconstitutional, since Trump is now a private citizen. With the Senate split 50–50, the impeachment managers would have to convince 17 Republicans that the trial is constitutional and that Trump is guilty of inciting an insurrection.