February 3, 2020

Now that the impeachment trial of President Trump is set to end in an acquittal with a formal vote on Wednesday, the Democrats HAVE to delegitimize it, and that’s what they'll try to do when the Senate reconvenes on Monday at 11 AM Eastern for final arguments by House managers and Trump's legal counsel, two hours for each side. The mainline of attack by House managers will likely be to claim it wasn't a "real" trial --- and won't be a "real" acquittal --- because no new witnesses were called in the Senate, even though the House failed to call all their “wish list” witnesses at the appropriate time, during the impeachment “inquiry.” (They still had 17 witnesses testify –- 18 if we include ICIG Michael Atkinson’s testimony concerning the “whistleblower,” the one whose transcript Adam Schiff is still withholding.) That line of attack is bogus; it’s true that witnesses were called at previous impeachment trials, but not new witnesses. The fishing expedition was never allowed to continue --- until this time because it’s Trump.

When House Democrats whine about Trump blocking witnesses, they’re trying to make you forget that they could have taken any blocked subpoenas to court but chose not to. (They also want you to forget that Trump got no witnesses AT ALL, no cross-examination of the Democrats’ witnesses, and not even his own legal counsel to observe.) They didn't issue subpoenas and go to court because Trump has the constitutional authority to cite executive privilege for high-level White House confidantes.  By not going to court, where they would almost certainly lose, they got to accuse him of hiding evidence and add a second Article of Impeachment, “obstruction of Congress.” Also bogus.

Because of these glaring flaws, their “no witnesses” argument doesn’t do the job, so they knew they’d have to do more. They decided to attack defense attorney Alan Dershowitz’s argument that it’s impossible to completely separate national interest from political benefit. What he said made perfect sense, however, so to attack it they had to create a straw-man argument by distorting his words beyond all recognition, making it seem as if he thought a President could do anything he wanted, even commit a crime, to help him win re-election if he thought that was “in the national interest.”

Dershowitz has been remarkably consistent over the past few years when it comes to arguments that happen to benefit President Trump, though he’s far from a Trump supporter. In an article in THE HILL dating from August of 2017, he said something about the Mueller investigation that could just as easily be applied to Trump’s impeachment: “The idea of trying to create crimes just because we disagree with [President Trump] politically, and target him, really endangers democracy. [It] reminds me of what Lavrentiy Beria, the head of the KGB, said to Stalin. He said, ‘Show me the man, and I’ll find you the crime.’” Of course, Dershowitz was criticized by left-leaning commentators for defending Trump at that time, and he explained himself by saying, “My point is that we should not stretch existing criminal laws to fit political opponents with whose actions we disagree.”

"Columnists should base their criticism on what I actually say instead of relying on hyperbolic headlines and secondary mischaracterizations,” he added. “I have been consistent in criticizing the expansion of the criminal law to target political opponents for several decades, without regard to whether the target was a Republican or Democrat.” It’s illuminating to look back at what his critics were saying during the special counsel probe: misquoting him, misinterpreting him, and then arguing not against what he actually said but the words and philosophy they found convenient to attribute to him.

Read this from 2017, and you will see: they’re doing exactly the same thing to him now.

At that time, Dershowitz compared Robert Mueller and his team to Captain Ahab from MOBY DICK, saying, “They’re determined to get that white whale.” The Mueller investigation might have run its course, but Dershowitz's observation can easily be applied to the Democrat Party as a whole. If anything, the goal of destroying Trump has become more intense, more desperate, more reaching.

In 2018, an article appeared in POLITICO that took a lingering and surprisingly fair –- fair to him, but most assuredly not to Trump, Republicans or FOX News –- look into Dershowitz’s legal mind. For when you have time, I recommend it, as some of its observations, pre-impeachment, can be seen differently now in light of the way Congress later chose to go after Trump on “obstruction of Congress.” Legal experts at the time didn’t see why Dershowitz was bothering with a defense of Trump’s authority to fire Mueller, as they didn’t think he would face charges, but they were running into the same issue of “motive” that impeachment-hungry Democrats are exploiting today. You’ll see how some legal experts, obviously moved by their dislike of Trump, were distorting Dershowitz’s argument even then, trying to claim he believed the President is above the law, “even higher than King George was,” and using Trump as an excuse for doing so.

An example from the article of that attitude: “Keeping one’s bearings in the Trump era is hard. So many tectonic plates have shifted that it’s almost impossible even for experts to figure out how they ended up standing where they are.” Statements such as this focus the blame for their own "shifting" on Trump himself. It’s like the abuser who says, “You made me attack you.” I say leftists who erupt in violence, refuse to accept valid election results and cry, “We’re gonna impeach the **!” should be held responsible for their own behavior. So should legal experts who misquote and twist someone's opinion.  They are the ones who shifted the “tectonic plates.” I’ve been through elections that were won by people I emphatically did not want, but I didn’t scream at the sky, attack folks wearing the “wrong” hats or use false accusations and specious legal arguments to try to get those people removed from office. I kept my bearings; now it's their turn.

People behaving that way, even many who are highly educated, show a cult-like attachment to irrational arguments and will not be swayed by reason. In the words of comedian David Steinberg, it’s “like trying to explain alternate-side-of-the-street parking to a cranberry.” Someone like Alan Dershowitz can talk until he’s blue in the face about objectivity and “the shoe on the other foot,” but such people will NEVER come around if it has anything to do with Trump. Dershowitz can follow up his powerful defense of the Constitution with all the media appearances he can jam into his schedule, but since those principles, in this case, happen to benefit Trump, he won’t change minds. He can help inoculate rational people against being swayed by the sheer force and number of irrational arguments, but that’s about all.

Still, that’s something.

Dershowitz appeared multiple times on FOX NEWS over the past few days to explain how Trump’s political opponents have mischaracterized what he said. Of course, he has to know that the mere act of going on FOX NEWS will only amplify the negative opinions of those who despise him for “helping Trump.” Some of them had already compared him (of all people) to Adolf Hitler. Now they’ll...well, they’ll compare him to Hitler again! And Stalin! And in a louder voice!

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Comments 1-25 of 55

  • Terese Pace

    02/04/2020 04:07 PM

    Make the madness STOP!!!
    Vote Life in November!
    Pray for this country...
    One Nation Under God

  • Dianna Matsumoto

    02/04/2020 03:51 PM

    Thank you that you care enough about the lives of people, our nation, and Truth to try to untangle facts that have been distorted and point out misrepresentations that are meant to confuse and deceive. Thank you for being a beacon that shines light onto milestones and noteworthy events in the shaping of our history so that people are not left in sackcloth saying, "What happened?" Thank you for leading us to be a voice and to help make a difference for the good of all.

  • Ann Hagan

    02/04/2020 06:54 AM

    Not the best defense. Mr. Dershowitz might have kept it to being within the president's power, to not give money to an openly corrupt government. Not hard to prove, and leave the politics out of it. At least now he knows the kind of junkyard dogs he's associated with for all those years.

  • rodney burke

    02/04/2020 12:30 AM

    no matter what they say, we win they lose. New rules. Dems can't handle the truth, especially from a expert. They KNOW they are wrong and failed to have the character to admit it. And they want to run the country? Alan Dershowitz will be vindicated as correct. So when the verdict is in and acquittal happens, that is it. What left says has no consequence.

  • Kevin J. Cook

    02/03/2020 10:00 PM

    You don’t need a trial when the judges issues a summary judgment against your case.

  • Kay DeWitt

    02/03/2020 08:59 PM

    In a nutshell, all of what you state is the end-product of one's not loving truth and, because they DON'T love truth, they have no desire to HEAR truth and, when they continually choose to believe a lie, rather THAN the truth, they become so deceived they can no longer hear the truth, even if they wanted to!...It is all so so pitiful...and so do lies ARE as opposed to the light of truth!

  • GAry Stilwell

    02/03/2020 08:54 PM

    Concerning the super bowl half-time show-----
    I don't need to see the whole show--just the reviews and the one published image, and the rhetoric surrounding that show--Quite disgusting, especially the seated individuals during our National Anthem--The FBI routinely prosecutes purveyors of child pornography--I would expect in this case they would have already prepared a case against these "purveyors", including the nfl.
    The Anthem "seated " individuals should expect the tip I gave Mr. Trump almost three years ago---" If you are such a radical dissident and vehemently oppose our Country and values, you need to return to the SHEE-ite" hole of a country you came from"

  • Sharon James

    02/03/2020 07:55 PM

    The half time show was disgusting!

  • Sharon James

    02/03/2020 07:47 PM

    Is it true that the alleged whistle blower is dating Schiff’s daughter?

  • Gary Stilwell

    02/03/2020 07:20 PM

    The swamp is draining, and the alligators are ticked------

  • Robin Rebhan

    02/03/2020 07:14 PM

    I stopped watching football when Michael Vick was allowed back into nfl after committing the most heinous of animal cruelty acts.
    And after the nfl allowed players not to stand for the National Anthem I was done with them forever. By the way. It isn't the flag, it's not the Declaration of Independence, nor the United States Constitution. The flag represents freedom for all men and the right to pursue freedom and equality. The problem is those who do not uphold the very principles and foundations of our great nation. Complaining and demonstrating is not the answer.
    You can help with such things as as helping and leading through community youth programs, run for office, endorse those who stand for the flag and all it represents, leading by example, doing something constructive instead of protesting against the very symbol that represents your freedom to pursue those ends.

  • John Mac

    02/03/2020 07:11 PM

    Dershowitz took 3 minutes to destroy 3 years of liberal attempts to impeach this president. Trump did nothing wrong, let alone anything illegal. He did what he should have done. Fight corruption and pursue his promise to Drain the Swamp,,,,,,These corrupt politician have been enriching themselves from taxpayer money for decades.

  • Rusty Jay

    02/03/2020 06:47 PM

    The Democrats are right, this is not a real acquittal. How could it’s not a real impeachment!!!

  • Harold Kallal

    02/03/2020 06:45 PM

    Nancy P timing was pretty close, she just about kept the Dem Senators in DC instead of in Iowa. If they had gotten the witnesses in the senate trial, she would have kept them in DC. I think this was her plan to keep them out of Iowa. She wanted to help Biden and that is why she delivered impeachment papers to the senate when she did so Dem senators would be stuck in DC with the trial

  • Dick Algire

    02/03/2020 05:53 PM

    The question isn't 'what happened to Alan Dershowitz,' but what is happening in those 'hallowed halls' of law schools? Instead of defending the rule of law and the Constitution many have become the defenders of 'doing what they believe is right in their own eyes.' I believe there is a reference to this in the Bible. In Judges it was speaking about the issue of Israel having no king and therefore the people did as they chose. Today, the king would be the Constitution. It seems that the scholars, intellectuals and the lawyers prefer to disrespect the Constitution instead doing whatever they believe is right in their own eyes. I might add, America's decent into lawlessness is prophesied in the Bible. We see it happening today.

  • Anne Turner

    02/03/2020 05:38 PM

    It’s getting so I don’t even want to be around people I call friends. This is like mass hysteria. This is irrational. Please ask that someone tell me how our democracy has been threatened? I mean specifics! What has POTUS done to show racism? What has he done to demonstrate anti-semitism? Here’s the thing, progressives talk, talk, talk about the plight of African Americans and Latin immigrants, but don’t do anything but handouts, a fish that lasts for a day. Trump improved their employment opportunities , lasts for a lifetime.

    Trump is best friend of Israel and has a Jewish daughter and grandchildren. Never heard anything about him objecting to a Jewish son-in-law. Have you?

    Where he has is tried to do anything that other presidents haven’t done? So he may have held up money until corruption was investigated. Biden bragged about doing it and protected his son. If you are corrupt all you have to do to be protected is to run for office. Comey says Trump is a bad man. So Comey let off Hilary to save his job and lied to the FISA Court. So he behaved badly? What has Congress done these last two years to help the Country? What has Trump at least attempted to do. The Chinese virus is not
    Trumps fault even though they will think of some way to lay it on him. China’s medical care is not all that it is touted to be, particularly in the countryside. Most still rely on folk medicine. They cannot afford the government fees.

    What has happened in the large cities with years of Dem control? What has happened to our quality of school, usually under Dem control?

    How did the Clintons and the Obama’s come out of the presidency wealthy? How did Bernie end up with multiple houses? Just a few questions to ask.

  • Carmine Fea

    02/03/2020 05:32 PM

    Prof. Dershowitz has been a hero throughout the Trump administration, with his book "Guilt by Accusation", defending the Constitution and President Trump through appearances on Fox News, and being a key member of Trump's defense team during the impeachment proceedings in the Senate. He is a highly esteemed expert on the Constitution, having years of teaching the Constitution at Harvard Law and having practical experience defending it. Prof. Dershowitz helped me get through the horror and lies of the House democrats and their false impeachment or our President. Prof. Dershowitz and what he said about the Constitution on behalf of President Trump should never be underestimated. No matter that Dershowitz was deliberately misquoted, everyone heard what he said and positive decisions supporting our President were made based on what he said.

  • Maynard Holtz

    02/03/2020 05:30 PM


  • Eleanor Early

    02/03/2020 05:16 PM

    President Trump should not be censured either just to save face for the Democrat Congress as he has done nothing wrong!!!

  • Mary Alice Collins

    02/03/2020 04:52 PM

    The SuperBowl halftime show was a disgrace. Our nation offers so many talented performers who also have good taste, good manners and good sense. Can’t we please showcase singers and dancers and musicians who make us feel good and also proud of our country? As a woman, mother, sister and grandmother, I felt embarrassed for those on stage and saddened for all the good folks trying to watch a football game with their children and families. C’mon people. We can do better than this.

  • Kathy Hallmark

    02/03/2020 04:10 PM

    Is there any possibility that Congress will finally attempt to do the job for which they were elected with the end of their impeachment nonsense? Personally, I have never had employment where I could go to the workplace and just play games, write personal emails, read a book, or chase an errant rabbit like our joke of a Congress has been doing.
    At least we know who to thank for this waste of taxpayer money . . . according to his campaign commercials, Mike Bloomberg!

  • diana Marie brown

    02/03/2020 04:09 PM

    I agree that the Half Time Show during the Super Bowl was very damaging and disgusting. What are the parents to do that have children watching the game, send them to their rooms? The display was not well done to appeal to all audiences. I am bothered most by the message that gave to children. My other issue is with the "Deep State". This alone to me is frightening and do you think President Trump can break through? What about Obama's holdouts in the WH.?

  • Topper Baker

    02/03/2020 03:56 PM

    I watched about 30 seconds of trash half time entertainment (?). Couldn't take it anymore than that so went to do laundry, sweep the kitchen floor, the more important things in life! To say the least that this country that we live in has gone so bonkers over a bunch of people that can throw a hot air ball down the field, is a total shame. As I have told my wife many times, I would rather have hemorrhoids than watch brainless over paid people playing any kind of sports!

  • Dollene Palacios

    02/03/2020 03:34 PM

    Wouldn't it be fun to bring Nigel over from his side of the pond to address Senate. While here, he simply must have a chat with Congress too!!!

  • Jerry Korba

    02/03/2020 03:29 PM

    A couple of things The hearing, Impeachment has become non news weeks ago I am so glad its conclusion is near the same old bla, bla will continue from the tin horn media most people don't give a rip about the Left or the media is talking to itself. RIP Media. The half time show presented two issues for me the girls that dance in the clubs for dollar bills had their moves stolen by the 2 exotic dancers last night primitive sex moves used by the girls in the 70's The guys getting drunk with their tongues hanging out were looking for more action than a lap dance. The people usually paid a cover to get in I thought the show last nite needed a cover charge so the new teenagers 13 thru would have to pay to see. They don't need to view slutty behavior at such an early age. Most clubs require 21 year old people to be able to view. The NFL really doesn't react that well to being conservative but to be selling sex might be a little more sleazy.