Sunday, January 26, 2020
Professor Alan Durshowitz opines that abuse of power is NOT an impeachable offense.
I've had an epiphany. Dershowitz is right. Abuse of power cannot be an impeachable offense.
Consider what Dershowitz is not saying: Dershowitz is not saying that, although the president cannot abuse his powers, he alone is the judge of whether his conduct constitutes an abuse of his powers. Clearly, that would be going too far. It would be ridiculous to argue that public officials are the sole judge of whether they are abusing their own powers.
Dershowitz is saying that during a president's term in office it really doesn't matter if a president does abuse his powers since a president cannot be removed from office for doing so until he is elected out or he runs out of terms. He is entirely free to flagrantly abuse his powers - - daily, if he wishes - - until then.
Dershowitz is saying that even if everyone - - including the president himself, including the senators hearing an impeachment trial - - believes that he IS abusing his powers - - that's OK during the entire length of his term as long as he doesn't also commit some misdemeanor - - like disturbing the peace - - or worse.
Think about it: The Electoral College elected him president to serve all of us - - including the plurality of voters who rejected him - - however he deems fit. He can use all of the powers of the presidency to do this. And he can go beyond that. He can openly abuse his powers by extending them or by using them for his own personal and political purposes. Abuse of power is just one of the legitimate perks of being president.
So let's all get off this guy's back! Maybe we can vote him out of office in November, if we want, but until then let him abuse his powers in peace.
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