Following Robert Mueller’s retirement, the White House and the GOP are attempting to move on from the FBI’s investigation. The calls for impeachment, however, are growing louder. The president responded to these calls, saying impeachment is, “a dirty, filthy, disgusting word.”
That does not mean that Republicans and Trump surrogates aren’t prepared to fight against the possibility. Lawyer, and frequent supporter of the president, Alan Dershowitz, recently argued that the Supreme Court could overrule an “unconstitutional” impeachment.
Dershowitz was inspired the write about the issue following recent comments by the president. When asked if he could be impeached, Trump replied, “I don’t see how. They can because they’re possibly allowed, although I can’t imagine the courts allowing it.”
Scholars argued that the Supreme Court has little to do with the impeachment process. Laurence Tribe told Time Magazine, “The court is very good at slapping down attempts to drag things out by bringing it into a dispute where it has no jurisdiction.”
Dershowitz, however, disagrees with these arguments. He wrote:
“If the House were to impeach for a non-crime, the president’s lawyer could make a motion to the chief justice to dismiss the case, just as a lawyer for an ordinary defendant can make a motion to dismiss an indictment that did not charge a crime. The chief justice would be asked to enforce the senatorial oath by dismissing an impeachment that violated the words of the Constitution. There is no assurance that the chief justice would rule on such a motion, but it is certainly possible.”
Of course, this is a completely hypothetical situation. Considering that Dershowitz has advised the president in the past, though, he will most likely fill Trump in on this idea.