Alan Dershowitz, no matter what one may or may not think of him, is a great legal mind. Bringing him onto the impeachment defense team was a really good move by President Trump and it’s paying dividends. As I wrote yesterday, Dershowitz expertly presented the defense that should have been at the core of Trump’s strategy all along.
In response to that defense, we got hot takes like this though.
Alan Dershowitz’s argument is contrary to both law & fact.
— Elizabeth Warren (@SenWarren) January 28, 2020
Warren on Dershowitz’s presentation: “I truly could not follow it.”
— Seung Min Kim (@seungminkim) January 28, 2020
That sent Dershowitz to social media to deliver some “clarifying remarks” for Warren.
Warren doesn’t understand the law.
My former colleague, Senator Warren, claims she could not follow my carefully laid out presentation that everybody else seemed to understand. This says more about Warren than it does about me. (1 of 2)— Alan Dershowitz (@AlanDersh) January 28, 2020
(3 OF 3)
If Warren knew anything about criminal law she would understand the distinction between motives – which are not elements of crime—and intent, which is. It’s the responsibility of presidential candidates to have a better understanding of the law.— Alan Dershowitz (@AlanDersh) January 28, 2020
Warren’s framing is nonsensical. Dershowitz was not speaking to pure intent. He was speaking of the fact that all Presidents make decisions with mixed motives and that one of those motives is almost always how it will affect them politically. Trying to separate those things is virtually impossible and it isn’t something past presidents have been subjected to. When Barack Obama pulled out of Iraq, that was a largely political decision (perhaps wholly political given the results). In the end, his move allowed ISIS to form, Syria to burn, and hundreds of thousands of people died. Yet, not once was it suggested he be impeached for making such a clearly political calculation, never mind the consequences of it.
Democrats want to change the standard for Trump, though, suggesting that any decision he makes that can also be tied to a political motive is impeachable and an abuse of power. Dershowitz took that argument apart yesterday, using both constitutional standards and historical political precedents. Instead of responding honestly about it, Warren claimed it was false and chose to lie about what he said.
This is yet another reason Warren is cratering in the polls. She’s just so inauthentic and it shows with every pandering falsehood she shares. She should also think twice before tangling with someone like Dershowitz.
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