Congress has no power to impeach an official after he resigns, Harvard Law School professor emeritus Alan Dershowitz argued about “Hannity” Monday.
The House is due to vote on a resolution to impeach President Trump Wednesday in connection with the last week Riots in the Capitol. If the resolution is passed, Trump would be the first President to be tried twice by the House of Representatives.
“The Democrats just want to indict him,” said Dershowitz, who was part of Trump’s defense team in his first Senate impeachment last year. “You can. All you need is the vote, the majority and [Alexander] Hamilton warned against impeachment by simply having a majority.
“But they don’t really want to take it to court,” added Dershowitz. “They just want the charge hanging over him. It would be like a prosecutor who charges someone with a serious crime and then says, ‘But we are not going to give you a trial to prove your innocence.'”
Dershowitz insisted that Congress has “no jurisdiction” over Trump after he left the White House.
“The constitution speaks of impeachment as a mechanism to remove someone from office. It also says that if you remove someone from office you can be further disqualified, but you can’t just have a lawsuit to remove them from office in 2024 Office is supposed to exclude, “he said.
Dershowitz also threw cold water on claims by Democrats and anti-Trump Republicans that Trump caused an uproar when he told rallyers to “go” to the Capitol.
“That happened 100 times in the Capitol,” said Dershowitz. “This is the epitome of American political rhetoric protected by the First Amendment to the Constitution.”