Harvard professor and legal expert Alan Dershowitz dropped a bomb on Thursday about House Democrats’ second attempt to impeach former President Donald Trump, who is now a private citizen.
During an interview on Newsmax, Dershowitz said House managers arguing at the Senate impeachment trial “really blew it” and harmed their own case.
“Today the Democrats really blew it. Maybe now they’ll regain their strength but up to now, today was a complete waste of time,” Dershowitz told co-hosts Bob Sellers and Heather Childers.
“They made a very effective emotional argument [Wednesday], and instead of leaving it, they went on and droned on and on and on and repeated what they said yesterday and showed the same things and made the same arguments,” he said.
House managers argued the Trump defense could not claim First Amendment protection for what the former president said during a Jan. 6 rally before rioters stormed the U.S. Capitol.
Dershowitz strongly disagreed.
“They going to cite 144 law professors who say that to even offer the First Amendment argument is frivolous, and legally frivolous, and shouldn’t even be allowed,” Dershowitz said.
“They’re going to argue, they already have, Jamie Raskin taught Constitutional law, and he would never accept that argument in his class,” he added.
“Well, I’ve also taught law and constitutional law, and practiced it and litigated more First Amendment cases than anybody in that room, and let me tell you, the First Amendment argument is strong, powerful, overwhelming, and correct,” Dershowitz continued.
Dershowitz said Democrats did not display a basic rule taught in law schools.
“The first thing you teach a good lawyer is, ‘You have to know when to sit down and when to shut up.’ The Democrats just didn’t know when to sit down and shut up,” Dershowitz said. “They would have been much better advised if they had just started today by saying, ‘Let’s get to the First Amendment issue. Let’s anticipate.”
“I’m not sure whether they get a rebuttal. If they get rebuttal then they really shouldn’t even raise the First Amendment issue. They should wait until it’s raised by the Trump defense and then rebut it. If they don’t get rebuttal, if their arguments are over today and then the defense gets the last word, then they have to anticipate it,” he added.
Ohio GOP Sen. Jim Jordan also slammed the Democrats’ sham impeachment trial against Trump.
As Democrats try to convince at least 17 GOP Senators that Trump is guilty of “incitement of insurrection,” Jordan laid out “four facts” he says “will never change” in regards to Democrats second attempt to convict Trump.
Four facts will never change:
1. This #impeachment is unconstitutional.
2. President Trump wasn’t afforded due process.
3. The impeachment charges undermine the First Amendment.
4. Impeachment won’t “unify” the country.
— Rep. Jim Jordan (@Jim_Jordan) February 10, 2021
Former Republican Rep. Trey Gowdy slammed the second attempt to impeach Trump and predicted that Democrats aren’t going to be successful.
“I can tell you having done trial work when you start the trial with half of the jury thinking you shouldn’t even be there, you’re not going to win,” Gowdy said on Fox News when asked whether Democrats had a chance of convicting Trump for “inciting” the Jan. 6 Capitol siege.
He added: “None of those 45 will change their mind.”
Forty-five senators supported Republican Sen. Rand Paul’s motion last month deeming the impeachment of a private citizen as unconstitutional.
Trump defense lawyer David Schoen went scorched earth on Tuesday during his opening remarks of the Senate impeachment trial, arguing that Democrats are only using impeachment as a tool for revenge.