Dershowitz suggests that President Trump could appeal to the courts to overturn an impeachment conviction. This argument is not just wrong—it’s dangerous.
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Changes in congressional rules and procedures in recent years mean that today’s judiciary committee may not need the same kind of special powers it was granted as part of previous impeachment inquiries.
Where his predecessors since Watergate have been gradually reacquiring power for the White House, President Trump might find himself giving power back.
Advocates of impeachment would be well advised to tailor their arguments toward constructing a justification for impeachment that would stand even if conviction and removal were not likely to follow.
Without a dramatic change in the underlying case law, President Trump’s suggestion of appealing an impeachment conviction to the Supreme Court is genuinely absurd. But it didn’t come out of nowhere.