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January 27, 2020


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Again, the smear factor here is quite apparent. Smear Curtis, then paint Dershowitz as a fool and vile because he cites an argument made by Curtis as one of the bases for his analysis. (Dershowitz did not "compare himself" to Curtis: that is just false.)

As reported by the NYT, "Alexander Hamilton described impeachable conduct ... as “those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust,” and “political” offenses that injure society." ... Mr. Dershowitz said in an interview, he interpreted Mr. Hamilton to be saying not that any violation of the public trust is impeachable, but that only crimes that are also violations of the public trust meet that standard. He also said that there were some common-law crimes at the time of the ratification of the Constitution, and that the framers expected Congress to eventually enact criminal laws that could serve as the basis for impeachments."

Lubet states: "According to Dershowitz, Curtis “thoroughly disagreed” with Johnson’s politics, but defended him nonetheless on the principle that the Constitution allows impeachment only for “criminal-type behavior.”

Ask yourself, has Lubet accurately reported Dershowitz's position?

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