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New Trump Lawyer Dershowitz Reveals Plan For Trump Trial Defense

Today we are learning brand-new information about the president's legal defense and who will make the case at trial one name you may recognize Alan Dershowitz will help make the case defending the president the New York Times The Washington Post an NBC all reporting Alan Dershowitz will be joining Trump's legal team Dershowitz posting today about his quote oral arguments that will be offered Alan Dershowitz is a Harvard Law School professor of Meredith one of the most preeminent criminal defense attorneys in the nation haven't tried over 200 cases

He joins me now via Skype at a busy time thank you for being here sir thank you it's 250 appeals I'm not actually a trial lawyer I've only tried a small number of cases I'm an appellate and constitutional lawyer 250 appeals cases and effective when you're in the courtroom let's let's get into what you're doing President Trump publicly admitted that he wanted Ukraine to investigate the Biden's will you and this team argue that the president can legally condition that kind of request on foreign aid let me be very clear what my role is I will not be involved in the factual aspects of the case and tactical issues about whether to call witnesses my sole responsibility is to analyze and present the constitutional arguments against impeachment based on the two articles of impeachment

 I will present the history of the constitutional impeachment provisions the history of impeachments that have gone on the three in our history and make a broad argument I'm not a full-fledged member of his legal team in the sense that I have a limited role I will appear one day in the Senate I'm not part of the kind of floor piccola strategic one argument will you make that the Constitution supports what the President as I mentioned has publicly admitted or in addition what he's been accused of it's not a question of what the Constitution supports it's what the Constitution requires or prohibits the Constitution sets out four criteria for impeachment treason that's not been charged bribery that's not been charged or other high crimes and misdemeanors and the high crimes and misdemeanors are obstruction of Congress which is completely made up the president invoked this executive authority separation of powers checks and balances that's an extremely dangerous article and the other one abuse of power virtually half of American presidents from Adams to Jefferson to Lincoln to Roosevelt have been accused of abuse of power and the framers explicitly rejected those kinds of broad open-ended criteria

They were fearful that it will empower Congress to turn the presidency into the prime ministership of England where the Prime Minister can be half his tenure ended by a simple vote of no-confidence that's not what the framers wanted they wanted specific criteria for impeachment and none of those criteria in my view have been met and

I will lay out that argument well how do you how do you make that argument though without dealing with some of these facts right I mean certainly one could imagine an abuse of power that would meet the standard I'm sure you and I would agree on that in theory and so the agree on that we don't agree on that well let me play for you sergeant let me play for you and then get your response let me play for you the president admitting the investigation that I'll get your response on whether that's an abuse here's Donald Trump on the White House lawn well

I would think that if they were honest about it that sort of major investigation into devising the abuse of power allegation is that that request conditioned on money that was federally mandated under the law for a different purpose is the abuse well but abuse of power even if proved is not an impeachable offense that's exactly what the framers rejected they didn't want to give Congress the authority to remove a president because he abused this power they have to prove treason they have to prove bribery or they have to prove other crimes and misdemeanors other refers to crimes of the kind such as treason and bribery interesting so let me make sure

I understand for viewers because I you're making news here about what you will argue on the president's behalf and during a trial the news you're making as I understand it is that quote abuse of power in your argument does not constitute as a high crime under the Constitution that's exactly right and that's exactly what framers said when they reject you remember the initial criteria for removing a president was now administration malpractice in a range of other kind of vague open-ended criteria and what Hamilton said is the greatest danger would be to empower Congress to impeach based on how many votes you have on one side or the other that's why after they finished debating whether there should be an impeachment they went to the criteria and Madison it was very much in favor of impeachment wanted Geri limited criteria and if they wanted to put abuse of power and they could let me give you another example Madison talked a lot about what if a president becomes incapacitated but they didn't put incapacitation as a grounds for impeachment we had to amend the Constitution to do that if you want a manual Constitution to have abuse of power as a criteria you can do that nobody will vote for it well presidents accused of abuse of power from the beginning of time very interesting getting your expertise in what you plan to argue on the president's behalf I also want to play for you something that would seem to also create high crimes problems which is sure mr.

Giuliani who is not currently publicly slated to be a part of the team that you're on arguing in the Senate has been out there saying the president said him off to do these things abroad some of these things at least the impeachment managers the Democrats argue our crimes take a listen to how that conflicts with what the president has said here we go what was really Julie Ani doing in Ukraine on your behalf well you have to ask that to Rudy but Rudy

 I don't even know I know he was going to go to Ukraine so you didn't you didn't direct him to go there on your behalf you know the narrative right now is that you looked into Ukraine because Biden was running for president complete lie I looked into Ukraine because it was thrown at me put in my lap does it matter that they're contradicting each other and does it matter if the President did direct Giuliani as he has said publicly to do anything abroad that might involve a high crime or a federal felony sure it matters for when you decide who to vote for I go to Valerie Clinton I'm a Liberal Democrat and all of these things will influence my decision who to vote for but none of them rise to the level of high crimes and misdemeanors if you wanted to charge him with a crime that's what they did in the Clinton impeachment they charged him with specific crimes and that's what they did with Nixon but they didn't hear they haven't charged them with specific crimes as part of the articles of impeachment just two articles of impeachment abuse of power and obstruction of Congress neither of those rise to the level of constitutional offensive

 it's not just a question of drafting it's a question of what the Senators have to vote on the senators vote yea or nay did the president abused his power and when you were at Congress these are not constitutionally permissible criteria and professor when you make this claim which you're previewing what the Trump trial strategy will be so I'm sure a lot don't know what my let me be very well let me let me say sir let me let me ask you a question and then I'll get into it we'll get into that point when you make this or even a lot of people are listening I was saying that in a good way it's quite relevant and newsworthy will you then have to argue against some of the founders and some of the Federalist Papers that do talk about abuse of power being impeachable Federalist 65 is abuse of the public trust is the type of thing that you can impeach it is our fourth of course I will take that on and you're totally and completely and 100% wrong that's not what Federalist paper 65 says what Federalist paper 65 says is that if you look at the criteria for Pietschmann trees and bribery high crimes and misdemeanors those are crimes that involve the public and they are political in nature that's very different than saying that abuse of power by itself it is a criteria for impeachment there is a great confusion between whether to impeach which was a great debate and people use terms like the abuse of power in the decision whether to impeach then they came to a very different decision what the criteria should be right and then Madison who was very hawkish on impeachment became very dovish when it came to the criteria.

I'm sure that a question itself could be a hundred percent wrong because they question seeks information okay you're providing it was questionable I appreciate your your criticism a lot more in the time we have I did want to I did want to show history here when we had you on and you were discussing some other issues we did ask about whether you did or would defend the president legally to join the team take a look right sure have you provided any formal counsel to Donald Trump or his aides or accepted any money or would you consider providing counsel to them what an insulting question I mean that have I accepted money I'm a liberal Democrat I take it that to know please don't try to insult my integrity by suggesting that somehow I'm in somebody's pocket but you're here you're very celebrated attorney who's taken on a lot of different cases is that a know that you this is not a case you would consider at this time I am a civil libertarian sometimes my statement helped Democrats sometimes it helped now what what you're doing you are going to argue on behalf of the president in the Senate in this trial let me be very clear I'm arguing on behalf of the Constitution I'm arguing to avoid the terrible precedent being set for future presidents I am NOT somebody who was strategizing with his legal team I won't be involved in the decision whether to call witnesses I won't be involved in facts what I'm doing is precisely consistent with what I've said I'm standing up for what I believe is the proper interpretation festers I'd be doing the same thing if Hillary Clinton did better like you will be doing it she's a lawyer for president Trump I am doing it as a lawyer I am doing it as a lawyer who is not in a lawyer-client relationship with anybody I am I am diff I am presenting the constitutional argument that in this case happens to help president Trump in America professor by what authority would you step out on the Senate floor witnesses have not been cleared the only people on the floor I am the Senators and the counsel for both sides the impeachment manager I am and the president's lawyers I am part of the legal team a very specialized role my specialized role is to present the constitutional argument the same argument I would present a notary Clint had been elected and she would being impeached the same argument I present that in three books and maybe 35 or 40 articles and so I fully intend to be presenting an argument basically on behalf of the Constitution yes the person being impeached and being removed is President Donald Trump who I voted against but I'm trying to present a very nonpartisan view of Constitution and I think it'd be refreshing to have nonpartisan view of introduced on the Senate floor in this highly partisan impeachment and removal so I'm proud to be presenting a nonpartisan view Constitution professor Dershowitz we've always appreciated having you on in the past and now and hearing about your views of all of this I appreciate your time sir thank you thank you and we should mention your new book is the case against removing Trump hey I'm already Melbourne from MSNBC you can see more of our videos right here or better yet subscribe to our YouTube channel below you could have been anywhere in the world that you're here with us and we appreciate that 


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तुम क्या सिखाओगे मुझे प्यार करने का सलीका
मैंने माँ के एक हाथ से थप्पड़ तो दुसरे हाथ से रोटी खायी है
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तेरे ही आँचल में निकला बचपन,
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कहने को तो माँ सब कहते
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घेर लेने को मुझे जब भी बलाएँ आ गईं,
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