Impeachment Analysis Day 3: Hamilton's Nightmare
The Dershow
Alan Dershowitz | Kast Media
4.4 • 1.9K Ratings
🗓️ 13 February 2021
⏱️ 33 minutes
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Summary
Day 3 of Trump's 2nd Impeachment Trial. I lay out what I think the defense should do.
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Transcript
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| 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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