Famous constitutional law scholar says Dems "overplayed their hand" in impeachment proceedings

by Joel Abbott · Feb 12th, 2021 1:52 pm

Last Updated Feb 13th, 2021 at 12:21 am

Well-known constitutional law expert and attorney Alan Dershowitz said Thursday that Democrats have "overplayed their hand" following the long impeachment trial arguments of the past few days in the Senate.

Dershowitz said the House Democrats had gone on "too long" in formulating their proceedings and sending the impeachment article to the Senate.

"The Democrats overplayed their hand today, they went on too long, too repetitious, they should have rested yesterday," said Dershowitz. "I think the Republicans – the lawyers [for Trump] – will do a good job by making it neat and clean, and to the point and short."

Dershowitz openly opposed Trump's first impeachment by the House in 2020, but has remained relatively silent on the latest impeachment and trial.

He went on to say that Trump's legal team would argue two simple points – that the Senate does not have the authority to convict a former president and that Trump's speech before the riot are protected by the First Amendment.

"Remember two things about the First Amendment," said Dershowitz. "It doesn't distinguish truth from falsehood. A lie is as protected as the truth. Somebody can say 'the earth is flat' and that's as protected as 'the earth is round'... Number two, it's an opinion, and opinions are completely protected."

Dershowitz went on to say the Democrats "are playing into the hands" of Republicans by pointing to Trump's consistent claims that the election was fraudulent since, "he is entitled to say that under the First Amendment."

The famous attorney also criticized the 140 constitutional scholars who implicitly threatened to have Trump's lawyers investigated by the bar association if they made the "legally frivolous" argument regarding free speech.

"I hope the defense attorneys for Trump don't listen and make that argument, and I've offered to defend them in front of any bar association," said Dershowitz said.


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