Harvard Law School emeritus professor Alan Dershowitz told viewers on Fox News that Democrats are “shooting themselves in the foot” by questioning the legitimacy of Justice Brett Kavanaugh. Speaking on “America’s Newsroom” Monday, the renowned legal expert said Democrats are mistaken in their plan to impeach Kavanaugh. Labelling them hypocrites, in view of their position on former President Bill Clinton, he said: “That would be absolutely foolish, inconsistent and hypocritical.” Dershowitz said, “Those who believe that Bill Clinton should never have been impeached for allegedly lying about his sex life are now going to lead the campaign to impeach Kavanaugh for allegedly lying about his sexual and drinking activities back when he was a 17-year-old? It’s hypocrisy run rampant.”

Proving perjury would be nearly impossible, Dershowitz said, because Democrats would have to prove Kavanaugh deliberately lied under oath. “The Constitution would not permit impeachment of a sitting justice for actions he took while a private citizen 35 years ago. Nor, I think, would it permit using the laws of perjury, which are very tough. They have to be about a material fact. It has to have been a deliberate lie. Not forgetfulness, not a boast, not an exaggeration, but a willful, deliberate lie about a material fact,” he continued.

Dershowitz observed, “I think that the Democrats are shooting themselves in the foot. We ought to be moving forward. Let’s judge Justice Kavanaugh on his performance as a justice of the Supreme Court.” He scolded his former colleagues and students at Harvard Law School for their efforts to smear Kavanaugh. “I’m particularly outraged at my colleagues and students at Harvard Law School, those of them who have made it impossible for Kavanaugh to continue to teach there,” he concluded.

“It’s rampant McCarthyism at its worst. Reminiscent of what I experienced when I was a student at Brooklyn College in the ’50s where professors were fired because it was suspected when they were 17 or 20 years old, they might have been members or fellow travelers of the communist party. We just have to put an end to this and these kinds of vengeance inquisitions have to stop.”

Dershowitz warned Democrats against thoughts of impeaching Kavanaugh. "The Constitution would not permit impeachment of a sitting justice for actions he took while a private citizen 35 years ago, nor would it permit using the laws of perjury, which are very tough," Dershowitz said. 

Rep. Jerrold Nadler (D-NY) is poised to become chairman of the House Judiciary Committee should the Democrats win control of the House of Representatives in November. Nadler has suggested that his Democrat colleagues will investigate Kavanaugh next year. Rep. Ted Lieu, D-Calif. has already voiced support for probing the new justice.

Dershowitz said that if Democrats shunt aside the high legal bar set by the Constitution, they would face political blowback as a result. "That would be absolutely foolish, inconsistent, and hypocritical," he said. "Those who believe that Bill Clinton should never have been impeached for allegedly lying about his sex life are now going to lead the campaign to impeach Kavanaugh for allegedly lying about his sexual and drinking activities back when he was a 17-year-old? It's hypocrisy run rampant."

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Spero News writer Martin Barillas is a former US diplomat, who also worked as a democracy advocate and election observer in Latin America. His first novel 'Shaken Earth', is available at Amazon.

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