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No impeachable offense: Trump lawyer Alan Dershowitz says Dems have nothing criminal to allege or 'they would have done it already'

'Abuse of power' is so broad and general, any president could be charged with it


Lior Mizrahi / Getty Images

On the "Glenn Beck Radio Program" Monday, Harvard Law professor and lawyer on President Donald Trump's impeachment defense team Alan Dershowitz explains the history of impeachment and its process, why the framers did not include abuse of power as criteria for a Constitutional impeachment, why the Democrats are framing their case the way they are, and what to look for in the upcoming Senate trial.

Dershowitz argued that "abuse of power" -- one of two articles of impeachment against Trump approved by House Democrats last month -- is not an impeachable act.

"There are two articles of impeachment. The second is 'obstruction of Congress.' That's just a false accusation," said Dershowitz. "But they also charge him, in the Ukraine matter, with abuse of power. But abuse of power was discussed by the framers (of the U.S. Constitution) ... the framers refused to include abuse of power because it was too broad, too open-ended.

"In the words of James Madison, the father of our Constitution, it would lead presidents to serve at the will of Congress. And that's exactly what the framers didn't want, which is why they were very specific and said a president can be impeached only for treason, bribery, or other high crimes and misdemeanors," he added.

"What's alleged against President Trump is not criminal," added Dershowitz. "If they had criminal issues to allege, you can be sure they would have done it. If they could establish bribery or treason, they would have done it already. But they didn't do it. They instead used this concept of abuse of power, which is so broad and general ... any president could be charged with it."

Watch the video below to hear more details:

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