Alan Dershowitz Sets Liz Cheney Straight: Trump’s Criminal Referral Is ‘Clearly Unconstitutional’

Harvard Law Professor Emeritus Alan Dershowitz has set Rep. Liz Cheney (R-WY) and her allies straight after the Democrats’ Jan. 6 Committee issued a criminal referral against President Donald Trump.

As Slay News reported, the Committee referred the case to the Department of Justice for criminal prosecution despite failing to provide any evidence that Trump has committed a crime.

Dershowitz fired back at the move and warned that it is “clearly unconstitutional.”

“Congress has only legislative powers,” Dershowitz said.

“It does not have prosecutorial authority.

“I challenge anybody to show me anything in this Constitution which explicitly or even implicitly gives Congress the power to refer cases of individuals for prosecution.

“In my view, it’s clearly unconstitutional,” Dershowitz asserted.

“Article One limits the power of Congress through legislative actions.

“This is not a legislative action, naming a specific individual and referring them to the Justice Department.

“It’s not legislative and it tramples on the authority of the executive branch.

“The 14th Amendment provides one specific time when Congress may in fact, act against an individual.

“That is if the person was engaged in an insurrection or rebellion, like in the Civil War, and they didn’t act under that provision.

“I think the Justice Department will be polite and accept them, and then go on with its own investigation.

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“Remember, they now have a special counsel.

“They have the ability to investigate,” the legal scholar noted.

“They have a much higher standard of prosecution than Congress does. So they will politely ignore what Congress has said.

“We’re seeing the law weaponized and once the Republicans get power, they’ll probably do some of the same thing,” Dershowitz said.

“So the American public has to be protected against the weaponization of our legal system for partisan purposes.”

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By David Hawkins

David Hawkins is a writer who specializes in political commentary and world affairs. He's been writing professionally since 2014.

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