Harvard Professor Alan Dershowitz said that even if Democrats were successful in impeaching President Trump, SCOTUS could overturn it.
Legal scholar Alan Dershowitz writes in a new book that the Supreme Court could intervene if President Trump is impeached, overturning a congressional vote to remove him from office for “collusion” with Russia during the 2016 election.
Even if public evidence of collusion were to emerge, the Harvard Law School professor emeritus writes in "The Case Against Impeaching Trump" that it would not be a crime, contending Trump could collude to let Russia retake Alaska without grounds for removal from office.
"It's not a crime to collude with a foreign government. Maybe it should be, but it's not," he told the Washington Examiner ahead of the book's Tuesday release.
Dershowitz argues in the book that collusion would be a "political sin" that doesn't meet the Constitution’s specification of “treason, bribery, or other high crimes and misdemeanors" for removal from office.
Judicial review might be triggered, he writes, because “this president (and perhaps others) might well refuse to leave office if Congress voted to impeach and remove him based on ‘offenses’ that were not among those enumerated in the Constitution."
"A Supreme Court that inserted itself into the Bush v. Gore election in order to avoid a constitutional crisis might well decide to review a House decision to impeach and a Senate decision to remove a president who is not accused and convicted of a specified constitutional crime," Dershowitz adds.
The chief justice of the Supreme Court, who presides over Senate trials if a majority of the House votes to impeach, arguably would be able to rule on a motion to dismiss legally invalid charges, Dershowitz writes.
"The decision by the framers to have the chief justice preside over the trial of a president may suggest that the decision was not intended to be entirely political. Indeed, it would be wrong for the chief justice to participate, much less preside over, an entirely political process. Judges are required to stay out of politics," he writes.
Although a Democrat, Dershowitz has spent much of the past year arguing on TV that Trump has been treated unfairly in the ongoing special counsel investigation of possible campaign collusion with Russia. His new book is largely a rehash of his recent commentary, containing 34 re-published op-eds and transcripts from his TV appearances.
A 28-page introduction expands on his legal arguments against impeaching Trump based on publicly unknown facts, using more extreme hypotheticals, such as allowing Russia to retake Alaska, to demonstrate what he sees as the Constitution’s requirement of criminality.