Democrats and some Republicans want to impeach President Trump claiming he incited people to riot. His trial is scheduled for his last day in office.
Harvard Law Professor Emeritus, Alan Dershowitz claims that impeachment is not only wrong but unconstitutional, reports Newsmax.
“It’s unconstitutional,” Dershowitz told host Carl Higbie on “Saturday Report.” “I mean, you cannot impeach a president unless he’s committed high crimes and misdemeanors and these don’t constitute high crimes and misdemeanors, they constitute Constitutionally protected speech.”
“You can condemn, you can attack, you can refuse to vote for, you can do all of those things which are politically available to you, but the one thing you can’t do is use the law, which is impeachment, on something which is protected by the First Amendment.”
Dershowitz added the president cannot be blamed for the actions of the rioters who must be prosecuted.
“[Impeaching the president] would do more enduring harm to our Constitution than even the horrible rioters did, although they are strongly to be condemned and I’m very glad they’re being prosecuted to the hilt,” Dershowitz said. “It’s part of the core theory of the First Amendment that you prosecute the actors, you don’t prosecute the speaker.
“The speaker has a Constitutional right to advocate … advocate, not incite … advocate, which is what President Trump did. So, going after the actors, rather than the speaker is the way our Constitution laid it out.”
What do you think?