The historic decision to refer former President Donald Trump for criminal investigation and potential prosecution was made by a House committee on January 6. Harvard Law Professor Emeritus Alan Dershowitz has vigorously disputed this decision, arguing that it is in violation of the U.S. Constitution, which is the cornerstone of our democracy.
The committee sent a forceful message on January 6 when, after a unanimous vote, they forwarded four criminal allegations against former President Trump that may bar him from ever holding public office again. These serious indictments, which range from conspiracy with intent to defraud the United States Federal Government to obstruction of official proceedings and making false statements to federal government entities, highlight the prosecution’s seriousness in handling what would ultimately be one of history’s most important accountability trials for our country’s leader.
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The legislation in the United States says that “whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under his title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.”
Rep. Jamie Raskin (D-Md.), a panelist, provided the following justification for the referrals: “Our criminal referrals were based on the gravity of the offense, the centrality of the actors, and the evidence we had available to us. There were undoubtedly other people involved, but we were stymied by virtue of a lot o people refusing to come and testify, refusing to give us the information they had, or taking the Fifth Amendment. So, we chose to advance the names of people where we felt certain that there was abundant evidence that they had participated in crimes.”
Dershowitz spoke with Just the News on this referral and said, “In my view, it’s clearly unconstitutional. 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,” Dershowitz continues. “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.”
The Department of Justice will receive referrals linked to Mueller’s findings, according to Professor Dershowitz, but they are not expected to be followed up on. “I think the Justice Department will be polite and accept them, and then go on with its own investigation.”
“Remember, they now have a special counsel,” the Harvard law professor said. “They have the ability to investigate. They have a much higher standard of prosecution than Congress does. So they will politely ignore what Congress has said.”
Professor Dershowitz highlighted his dismay about the government’s use of the law as a weapon. He angrily argued that the behavior is an insult to the legal system and should not be condoned. “the American public has to be protected against the weaponization of our legal system for partisan purposes.”
