12:31 You've changed it. Yes as a constitutional scholar, I very much enjoy listening to Alan Dershowitz and we both have been a fan of Dershowitz since the day we started this show and he's never bashful about his political leanings or he's solidly left but he's consistent But once he was consistent about Donald Trump, then he got disinvited from the parties. Martha's Vineyard, The Hamptons... His persona non grata everybody hates him and I do have a personal issue with the Epstein stuff although it seems pretty adamant that it was only received in massage from an old ugly lady and he is wearing his undies
13:15 Sure, I'm sure. Whatever makes sense but i enjoy his presentation style i think he is the only person that presented and i've watched most of this the republican or the president side was called the republic it's easy um as much shorter uh i thought the presentations because they're short they're just like okay i got it and der showitz had two uh two pieces there a little long first one three minutes second ones two minutes But it really broke it down, and I found incredible how he literally is going to—he argued that on the first article, abuse of power, that that is a political act that should be used
14:00 all politics, has been used in all politics and he has several examples to show why that is not an impeachable offense. We can stop it during this first clip if we want to but I personally was like wow you argued that pretty convincingly because what exactly is abusive power? And I didn't get any kind of clip from the house managers Other than, well that's clearly an abuse of power. But how impeachable is it? Is what is now being argued so I guess we're kind of slipping and giving up on the yeah of course he used his power. It was an abusive power yeah but its a political thing it's okay And then obstruction of Congress will get to that in a minute.
14:43 of presidents who in our history have been accused of abusing their power. By the way, I did edit a couple things in this clip for instance I didn't let him ramble on through all the presidents because that was of course the show part you know all the presidents all the things they should have done but I picked out a couple that were pertinent to his argument would be subject to impeachment under the House managers view of the Constitution George Washington, refusal to turn over documents related to the Jay Treaty. John Adams signing and enforcing the alien sedition laws Thomas Jefferson purchasing Louisiana without congressional authorization Abraham Lincoln was accused of abusing his power for suspending the writ of habeas corpus during the Civil War George HW Butch
15:29 The following was released today by the Clinton-Gore campaign. In the past weeks, Americans have begun to learn the extent to which George Bush and his administration have abused their governmental power for political purposes." That's how abuse of power should be used! It's campaign rhetoric! It should be in statements issued by one political party against another. That is the nature of the term. Abuse of power is a political weapon. I really... When I heard this, I was like wow That's interesting. I had not considered that it, that is just purely political but he is arguing it And it should be leveled against political opponents Let the public decide That's true Barack Obama The House Committee on the Judiciary held an entire hearing entitled Obama Administration's Abuse of Power Now by the standards applied to earlier presidents nearly any controversial act by a chief executive
16:23 could be denominated abuse of power. For example, past presidents have been accused of using their foreign policy – even their war powers – to enhance their electoral prospects. Presidents often have mixed motives that include partisan personal benefits along with national interests This example he's going to give of Lincoln, it is well known. It may have come up earlier on a different show but it's good one. Professor Josh Blackman constitutional law professor provided the following interesting example quote in 1864 during the height of the Civil War President Lincoln encouraged General William Sherman to allow soldiers in the field to return to Indiana to vote
17:04 What was Lincoln's primary motivation, the professor asks. He wanted to make sure that the government of Indiana remained in the hands of Republican loyalists who would continue the war until victory. Lincoln's request risked undercutting the military effort by depleting the ranks. Moreover during this time soldiers from the remaining states faced greater risks than did the returning Hoosiers." The professor continues, "'Lincoln had dueling motives.' Privately, he sought to secure victory for his party. But the president, as a president and as party leader and commander in chief made a decision with life or death consequences. Can we impeach him posthumously? Because I think-I think we should! That's an outrage! Professor Blackmun drew the following relevant conclusion from this and other historical events He said politicians routinely promote their understanding of general welfare while in the back of their minds
18:02 considering how these actions will affect their popularity. Often the two concepts overlap, what's good for the country is good for the officials' re-election." All politicians he said understand that dynamic like all human beings presidents and other politicians persuade themselves that their actions, seen by their opponents as self-serving are primarily in the national interest. In order to conclude that such mixed motive actions constituted abuse of power opponents must psychoanalyze the president and attribute him a singular self serving motive Such a subjective probing of motives cannot be the legal basis for serious accusation of abuse of power that could result in removal of an elected President yet
18:51 This is precisely what the managers are claiming. Here's what they said, quote, whether the president's real reason the ones actually in his mind are at that time legitimate What a standard! What was in the president's mind? Actually in his mind? What was the real reason Would you want your actions to be probed for what was the real reason why you acted? even if a president were... and it clearly shows, in my mind that the framers could not have intended this psychoanalytic approach to presidential motives to determine the distinction between what is impeachable and what is not. So I appreciated that argument taking it right to the house manager's own words and say oh wait a minute so you're basing it on what he was thinking? And that isn't something that happens a lot
19:52 in our political climate. Yeah, it's called mind reading. So I like that! I appreciate how Dershowitz explains the law...I have no idea if senators' eyes may have glazed over? I don't know if they care to even pay attention? I think their minds are made up so they're not paying attention but I will say that I listen to this too And that little ditty about the soldiers going back to Indiana. That was pretty good! I didn't know that and it was very funny. Yeah, it's like wow! What a bitch! Take a little time off boys get back home take a vote get back here as soon as you can No worries we'll hold down the fort It's all gonna be good