Alan Dershowitz’s latest article highlights an old phrase attributed to Stalin. According to the article, Stalin said “show me the man and I will find you the crime.” Appearing on America’s Newsroom, former Clinton Independent Counsel Ken Starr told this horrific story:

“The text of the Constitution just entrusts [impeachment] to the good judgment, whether it’s being exercised or not, to the House of Representatives,” Starr said. “But history will, I think, judge this not well. It should judge it not well. [You] didn’t have a full debate on the floor of the House — and that just lends itself to, ‘then to let’s go to court and have this litigated.’ “And of course, the chairman then says, ‘you go to court, you’re in contempt.’

“For [Schiff to] essentially declare guilt… is another procedural irregularity. He should try his best… to give the appearance of fairness and open-mindedness,” he said. “He’s already declared the president substantively guilty, as well as procedurally guilty.”

This isn’t about fairness. It’s about hating the outcome of the 2016 election, then doing whatever it took to string up the guy who defeated the woman who was going to shatter that last glass ceiling. This isn’t an impeachment inquiry. It’s an inquisition:

an official investigation, especially one of a political or religious nature, characterized by lack of regard for individual rights, prejudice on the part of the examiners and recklessly cruel punishments.

Point to anything that Adam Schiff, the Democrats’ Impeachment Chairman, has done to guarantee President Trump’s civil rights. Point to anything that Adam Schiff, the Democrats’ Impeachment Chairman, has done to guarantee the civil rights of anyone who served on the NSC were protected. It’s impossible to highlight such a thing because Schiff isn’t interested in such things. He’s interested in making history even if it means destroying the nation.

The gospel of Dershowitz

Under our constitutional system of separation of powers, Congress may not compel the Executive Branch to cooperate with an impeachment investigation absent court orders. Conflicts between the Legislative and Executive Branches are resolved by the Judicial Branch, not by the unilateral dictate of a handful of partisan legislators. It is neither a crime nor an impeachable offense for the president to demand that Congress seek court orders to enforce their demands. Claims of executive and other privileges should be resolved by the Judicial Branch, not by calls for impeachment.

This isn’t a constitutional crisis. It’s the Constitution working the way Madison, Jefferson and Hamilton codified it to work. The first step is to let the political branches fight things out amongst themselves. The only time the courts should get involved is after the political branches have proven they can’t resolve their differences.

As Dershowitz has said, a dispute isn’t cause for voting on an article of impeachment. It’s cause for letting the Constitution function the way Madison, Jefferson and Hamilton intended it to work. The legislative branch doesn’t resolve disputes. The executive branch doesn’t resolve disputes. Only the judicial branch gets to resolve disputes between the political branches. If Schiff wasn’t in such a rush to impeach President Trump, he’d let the judiciary settle this dispute.

Notice the slap that Prof. Dershowitz gave Mr. Schiff. Prof. Dershowitz said “Schiff calls it a rope-a-dope. There’s another word for it. It’s called checks and balances.” Schiff’s political animus is so strong that he isn’t capable of controlling himself. When Nixon was all but officially impeached, Chairman Rodino put together this roadmap for the House to follow. There isn’t a snowball’s prayer in hell that this roadmap will be considered, much less adopted. Adam Schiff won’t let this be considered. Nancy Pelosi is too partisan to let this become the law of the land.

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