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The Dershow

Impeachment Analysis Day 3: Hamilton's Nightmare

The Dershow

Alan Dershowitz | Kast Media

News, Politics

4.41.9K Ratings

🗓️ 13 February 2021

⏱️ 33 minutes

🧾️ Download transcript

Summary

Day 3 of Trump's 2nd Impeachment Trial. I lay out what I think the defense should do.

See omnystudio.com/listener for privacy information.

Transcript

Click on a timestamp to play from that location

0:00.0

Today is the day that citizen Trump's lawyers present their arguments for acquittal.

0:07.8

They will and should argue that the Senate has no jurisdiction.

0:11.7

Even though the Senate rejected that, they should make that argument again because some

0:15.6

senators will continue to vote for acquittal on that ground.

0:18.7

They will also argue that the First Amendment precludes conviction and they should make that

0:23.1

argument even in the face of 144 scholars telling them it would be unethical to do so.

0:29.8

We'll hear why those arguments will prevail and citizen Trump will be acquitted on the

0:37.4

der show.

0:41.5

Lead House manager Jamie Raskin, my former student at a very, very bright lawyer, made a very

0:48.3

clever argument yesterday.

0:50.2

He kind of snuck it into his general closing and here's what his arguments said.

0:56.9

He said, look senators, there was already a resolution of the issue of whether or not

1:02.1

the Senate has jurisdiction.

1:04.1

Yeah, yeah, yeah, we know that the Constitution says the president shall be removed upon

1:10.4

impeachment.

1:11.4

And that the other side has argued that since Trump is not the president, he's the former

1:17.3

president and can't be removed, the Senate has no jurisdiction to try him.

1:22.7

Raskin said, the Senate has already rejected that argument by a vote of 56 to 44, therefore

1:30.4

it is improper for you senators to consider that issue in deciding whether to vote to convict

1:38.0

or acquit.

1:39.5

And he made an interesting analogy to a criminal case or even a civil case when you make

1:45.4

a motion to dismiss, it could be granted or denied.

...

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