With the Senate impeachment trial looming over the head of President Donald Trump, several of his defenders said he cannot be impeached for abuse of power.
“So I am making an argument much like the argument made by the great Justice Curtis,” he said. “And to call them absurdist is to, you know, insult one of the greatest jurists in American history. The argument is a strong one. The Senate should hear it.” His “absurdist” reference was a response to House Intelligence Committee Chair Adam Schiff (D-Calif.), who said that to claim abuse of power isn’t impeachable is an “absurdist position.”
Curtis “argued, very successfully, winning the case, that you needed proof of an actual crime. It needn’t be a statutory crime, but it has to be criminal behavior, criminal in nature,” Dershowitz added. “And the allegations in the Johnson case were much akin to the allegations here ... and that lost.”
“No need for even arguments, any further arguments,” he said. “If the House charges do not include impeachable offenses, that’s really the end of the matter.”
“Even if everything that is alleged by the House managers is proven or taken as true, they would not rise to the level of an impeachable offense,” Dershowitz also argued.
Robert Ray, a former prosecutor who was added to Trump’s legal team, concurred with Dershowitz’s claim.
“The core of the impeachment parameters allege that crimes have been committed—treason, bribery, and things like that—in other words, other high crimes and misdemeanors,” he added.
Trump’s legal team also includes former special prosecutor Ken Starr, former Florida Attorney General Pam Bondi, White House counsel Pat Cipollone, and others.
The claim from Dershowitz was attacked by Democrats on Sunday.