The Case Against the Democratic House Impeaching Trump

The Case Against the Democratic House Impeaching Trump

by Alan Dershowitz

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One of America’s most celebrated lawyers and a Democrat explains why impeachment proceedings would be a bad idea for America―and only intensify the larger problem with our democracy. 

In the 2018 New York Times bestseller The Case Against Impeaching Trump, Alan Dershowitz lamented how American political discourse has devolved into hypocrisy and the criminalization of political differences in the rush to impeach President Donald Trump. Arguments to impeach Trump failed Dershowitz’s “shoe on the other foot test,” or his political golden rule: Democrats must do unto Republicans what they would have Republicans do unto them, and vice versa. 

Since then, we’ve only become more divided―and the impeachment power wielded by the new Democratic majority in the House of Representative threatens to further polarize the country. 

The Case Against the Democratic House Impeaching Trump includes and expands upon Dershowitz’s 2018 book. It puts recent political events―including the hyper-partisan Kavanaugh hearings, the unrestrained power of the Mueller investigation, and the generally intolerant current political discourse―into context. American democracy, Dershowitz argues, is suffering from political hypocrisy. And two years of impeachment proceedings brought by the House―and the media circus that would undoubtedly surround them―is clearly not the answer. This book is Alan Dershowitz’s plea for honest dialogue―for arguments that would be made even if the shoe was on the other foot.

Product Details

ISBN-13: 9781510747715
Publisher: Hot Books
Publication date: 01/02/2019
Format: NOOK Book
Sales rank: 353,093
File size: 560 KB

About the Author

Alan Dershowitz is one of the most famous and celebrated lawyers in America. He was the youngest full professor in Harvard Law School history, where he is now the Felix Frankfurter Professor of Law, Emeritus. The author of numerous bestselling books, from Chutzpah to The Case Against Impeaching Trumpto The Best Defense to Reversal of Fortune (which was made into an Academy Award-winning film) and to The Case for Israel, Dershowitz has advised and defended many of the most famous legal cases of the past fifty years, including O.J. Simpson, Anatoly Sharansky, Michael Milken, Claus von Bulow, and Mike Tyson.

Table of Contents

Part I The Constitutional Case For Impeaching Trump Doesn't Pass The Legal Test 1

Opening Statements: The Age of Hyper-Partisan Politics 31

The Partisan Shoe Is on the Other Foot 32

When Politics Is Criminalized 35

When Criminal Law Is Weaponized for Political Gain 38

I Haven't Changed. They Have 45

Trump: Accusations and Realities 49

A Partisan Rush to Prosecute Trump 51

Why Donald Trump Can't Be Charged with Obstruction 54

"Corrupt Motive" Is Not a Proper Criterion for Prosecuting a President 56

The Ruling Shows I'm Right on Trump and Corruption 58

No One Is Above the Law 61

Does Donald Trump Have Congressional Immunity? 64

Rod Rosenstein Should Not Be Fired, but Should He Be Recused? 67

On Criminality and Presidential Advice 69

Mueller and the Need for a Nonpartisan Commission 75

Why Did Mueller Impanel a Second Grand Jury in DC? 77

Flynn Plea Reveals Weakness, Not Strength, of Mueller Probe 82

Trump Doesn't Need to Fire Mueller-Here's Why 85

Desire to "Get Trump" Risks Death of Civil Liberties 87

Does the President Have the Right to Expect Loyalty from His Attorney General? 91

The Nunes FISA Memo Deserves More Investigation. Time for a Nonpartisan Commission 94

Trump Is Right: The Special Counsel Should Never Have Been Appointed 96

Accountability, Civil Liberties, and Michael Cohen 99

The President Has a Special Obligation to Condemn the Racist Right 100

Enough with the Anti-Trump McCarthyism! 104

Targeting Trump's Lawyer Should Worry Us All 106

For ACLU, Getting Trump Trumps Civil Liberties 108

The Final Nail in the ACLU's Coffin 111

"Firewalls" and "Taint Teams" Do Not Protect Fourth and Sixth Amendment Rights-We Need a New Law to Protect Lawyer-Client Relations 114

The Sword of Damocles 118

The Epic Struggle for Michael Cohen's Soul and Testimony 124

Federal fudge Rightly Rebukes Mueller for Questionable Tactics 127

Trump's Legal Defense and Moving Forward 129

Trump's Better off Litigating Than Testifying 130

The Trump Defense 132

You Won't Have Any Doubt at the End of This 134

Can Trump Pardon Himself? The Answer Is: No One Actually Knows 139

Trump Will Not Pardon Himself or Testify in Sex Cases 142

People Confuse My Advocacy 148

Tweeting with POTUS 150

Conclusion, Part I 151

Part II The Political Case For Impeaching Trump Doesn't Pass The "Shoe On The Other Foot" Test 155

In Defense of Equally Applying the Law and Letting Our System Work 165

Federal Judge Agrees NonPartisan Commission Beats Special Counsel 166

Jeff Sessions Validates Chant to Lock Up Hillary Clinton 169

Trump's Bid to Silence Dissent Violates Spirit of First Amendment 171

Impeaching Rosenstein May Hurt Trump 173

Who Leaked the Trump Tape? 175

An Obstruction Case against Trump Would Be a Civil Libertarian Nightmare 177

Dangers to the First Amendment If Foreign Campaign Dirt Is Criminal 180

Is "The Truth" the Truth When It Comes to Prosecutors? 183

Did President Trump Violate Campaign Finance Laws? 185

Who is Guarding the Guardians? 187

Should It Be Illegal for Prosecutors to "Flip" Witnesses? 190

Will Mueller Subpoena Trump? 193

Trump Is No Unindicted Co-Conspirator 195

Mueller Report and Trump Response Should Be Issued Simultaneously 198

On Tolerance, Hyper-partisanship, and our Deteriorating Public Discourse 201

Maxine Waters Does Not Speak for Democrats or Liberals 202

The Hard-Left's Desire to Live in a Political Silo When It Comes to Trump 205

Zealous Dems Fail to Hear Out Trump's Constitutional Rights 208

Coarseness, Bigotry, and Threats on Both Sides of Trump Divide 210

How the Hard-Left Only Helps the Republicans and Donald Trump 213

Immigrants Who Change America Are Its Lifeblood 215

Kavanaugh, the Presumption of Innocence, the Court of Public Opinion, and the Integrity of our Institutions 219

A Self-inflicted Wound to Judicial Independence 220

It All Depends on What Kind of Conservative Trump Chooses 223

The SCOTUS Confirmation Process Has Gotten Out of Hand 227

Six Rules for the Ford-Kavanaugh Hearings 230

How to Decide Who to Believe in Kavanaugh, Rosenstein Drama 233

Burden Is on Avenatti To Show Proof, or Face Consequences 236

This Is No Mere "Job Interview" 238

What If Kavanaugh Were a Liberal Muslim Accused of Terrorism? 241

No One Won During the Brett Kavanaugh Confirmation 244

Should Kavanaugh Be Stopped from Teaching at Harvard Law School? 247

ACLU's Opposition to Kavanaugh Sounds Its Death Knell 250

The Shoe Test in the Media and Foreign Relations 253

Biased Media Complicit as Hamas Sends Women, Children to Front Line 254

NBC Demonizes John Bolton, Gatestone 257

Chomsky Calls Russian Interference a Joke- and Guess Who He Blames? 260

If Britain Wants to Show Its "Moral Backbone," It Must Reject Jeremy Corbyn 262

Why Did the Clintons Share the Stage with Farrakhan? 265

Refusing Study in Israel Is a Bitter Lesson in Discrimination 267

Impeachment Is Not the Answer 271

Democrats, Don't Try to Conduct a Revenge Inquisition 272

Justice Kavanaugh Should Not Be Impeached or Investigated 274

Don't Seek Partisan Advantage from Pipe-Bomb Arrest 276

Shootings, Bombs Reflect a Deeper Malady 279

Both Sides Are Failing the Shoe on the Other Foot Test 283

Conclusion, Part II 285

Notes, Part I 288

Notes, Part II 291

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