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The Dershow

Brief Beef

The Dershow

Alan Dershowitz | Kast Media

News, Politics

4.41.9K Ratings

🗓️ 3 February 2021

⏱️ 45 minutes

🧾️ Download transcript

Summary

The Dem's Impeachment Brief is out and it says the First Amendment doesn't apply to impeachment. My response in todays show.

See omnystudio.com/listener for privacy information.

Transcript

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0:00.0

I never thought I would read the following statement in a brief filed by members of Congress

0:10.2

of the United States, but I'm going to read you a statement from the brief just filed

0:14.7

by the House managers seeking the removal and disqualification of former President Trump.

0:21.0

Quote, the first amendment does not apply at all to an impeachment proceeding.

0:31.0

Do you know how dangerous that is?

0:33.2

You'll hear why on the Dershow.

0:38.2

This is a dangerous brief, a brief dangerous to the first amendment and to all of our

0:45.2

freedoms.

0:46.2

I was shocked when I read it because I know some of the people who participate in its

0:52.0

drafting, Jamie Raskin, was my student.

0:56.0

He was in my first year criminal law class and he was a good student and this brief is

1:03.2

just shocking.

1:06.4

It basically says, I'll read you parts of it because otherwise you wouldn't believe

1:11.2

that a brief could be filed in the United States Senate by the House of Representatives

1:16.2

that would make such outrageous statements.

1:18.6

The first amendment does not apply at all to an impeachment proceeding.

1:25.7

The first amendment to the Constitution doesn't apply to a constitutional proceeding.

1:34.5

My recollection of the first amendment is that Congress shall make no law bridging the

1:39.3

freedom of speech.

1:40.3

How can the first amendment not apply to an impeachment?

1:45.8

In other words, what the House manages is saying is that a president can be impeached

1:51.2

for making a speech which is protected by the first amendment.

...

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